Labour Disputes
Texto da decisão
REF. FPSD-14976
Decision of the
Dispute Resolution Chamber
passed on 8 May 2025
regarding an employment-related dispute concerning the player Kevin
Luckassen
COMPOSITION:
Martín AULETTA, Deputy Chairperson
Stella MARIS JUNCOS (Argentina), Member
Andre DOS SANTOS MEGALE (Brazil), Member
CLAIMANT:
Kevin Luckassen, Netherlands
Represented by Ugur Zevfi
RESPONDENT:
Bellona Kayserispor, Türkiye
Represented by Batu Mosturoglu
pg. 2
REF. FPSD-14976
I. Facts of the case
1.
Allegedly, on 1 February 2021, the Dutch player Kevin Luckassen (hereinafter: the Player or
the Claimant) and the Turkish club Bellona Kayserispor (hereinafter: the Club or the
Respondent) entered into an employment agreement (hereinafter: the Employment
Agreement).
2.
On 15 August 2021, the parties signed an Addendum to the Employment Agreement
(hereinafter: the Addendum), with a stated duration from the date of signature until 31 May
2023. Pursuant to art. 6 of the Addendum, the Player was entitled to the following amounts:
“6.1 The Player shall be paid € 50.000,00 net (Fifty Thousand Euros) for the 2021/2022 Football
Season. This is a fixed fee. Payments shall be made in accordance with the calendar below.
06.09.2021: €50.000
6.2 The Player shall be paid €50.000,00 net (Fifty Thousand Euros) for the 2022/2023 Football
Season. This is a fixed fee. Payments shall be made in accordance with the calendar below.
30.08.2022: €5.000
30.09.2022: €5.000
30.10.2022: €5.000
30.11.2022: €5.000
30.12.2022: €5.000
30.01.2023: €5.000
28.02.2023: €5.000
30.03.2023: €5.000
30.04.2023: €5.000
30.05.2023: €5.000”
3.
Also on 15 August 2021, the parties signed an Annex 1 to the Addendum (hereinafter: Annex
1 to the Addendum), whereby the following was stipulated:
“3.1 In addition to the amounts mentioned in the Professional Player’s Contract, the Player shall
be paid €100.000,00 net (A Hundred Thousand Euros) for the 2021/2022 Football Season. The
fixed amount of €100.000,00 (A Hundred Thousand Euros) shall be paid in accordance with the
following calendar:
24.09.2021: €25.000
15.10.2021: €25.000
3.2 In addition to the amounts mentioned in the Professional Player’s Contract, the Player shall
be paid €250.000,00 net (Two Hundred and Fifty Thousand Euros) for the 2022/2023 Football
pg. 3
REF. FPSD-14976
Season. The fixed amount of €250.000,00 (Two Hundred and Fifty Thousand Euros) shall be paid
in accordance with the following calendar:
30.08.2022: €25.000
30.09.2022: €25.000
30.10.2022: €25.000
30.11.2022: €25.000
30.12.2022: €25.000
30.01.2023: €25.000
28.02.2023: €25.000
30.03.2023: €25.000
30.04.2023: €25.000
30.05.2023: €25.000”
(The Addendum and Annex 1 are hereinafter collectively referred to as the Contract).
4.
The Club had failed to make several payments over the course of 2021 and 2022 which
were the object of separate decisions rendered by the Football Tribunal (namely, FPSD4377, FPSD-5027).
5.
On 10 May 2022, the Player, via his former legal representative, sent a letter to the Club
requesting the payment of outstanding amounts, apparently in relation to the decision
rendered in FPSD-5027.
6.
On 8 June 2022, the Player, via his former legal representative, sent a letter to the Club with
the subject line “Termination by just case”[sic] and providing various statements
concerning inter alia the termination of the Contract and payment of the outstanding
amounts of EUR 150,000 net, in addition to citing art. 14bis of the FIFA Regulations on the
Status and Transfer of Players (quoted verbatim and in relevant part):
“Subject Termination by just case
[…]
In this letter we write you about the termination of the employment agreement between
Kayseriospor Kulubu and our Client, mr Kevin Luckassen with just cause.
[…]
2| Termination based on just case
Since your management has been absolutely unresponsive to all our letters, our Client has
no idea about the planning of the pre-season program/planning and there is a whopping
default in payments to our Client for the sum of € 150.000 + taxes and interest, we do not
pg. 4
REF. FPSD-14976
see any other option then to terminate the contract between Kayserispor Kulubu and our
Client Mr. Kevin Luckassen, on just cause.
This termination on just cause is based on article 14 BIS of the FIFA RSTP, august 2021 edition:
[…]
3 | Demands
We hereby held Kayserispor Kulubu liable for non payment of the sum of € 150.000 net =
coast of outstanding salary for football-season 2021-2022, as agreed upon in the
employment contract, the annexe on the employment agreement and the addendum on the
employment agreement. Our claim is supported by the decision of the FIFA in cases FPSD
4733 and FPSD 5027.
1 We therefore terminate the contract, per direct, with aforementioned just case, as of the
day this letter is received at your registered email address: [email protected].
2 In accordance with article 14 BIS RSTP, version August 2021, we demand full nett payment,
including all costs, by the know bank account of our Client, within 15 days as of the day this
letter is received at your aforementioned registered email address.
3 We furthermore demand that all taxes are fully paid, in compliance with the Turkish tax
law / regulations and that the correct and paid sum of income to my Client is declared and
that all taxes and fines are paid to the Turkish Tax authorities.
We await proof of full declaration and payment of taxes, we will ask our tax lawyer to audit
your declaration.
4 For season 2022-2023, after full payment by Kayserispor Kulubu of the aforementioned
due salary, taxes, interest for season 2021-2022, my Client is available for work. When no
payment is made within the aforementioned date, the employment agreement is terminated.
If the aforementioned payments to our client have been made within 15 days, there still is a
severe breach in trust, therefore we await upfront net payments for football-season 20222023 for:
[…]
Before December 30, 2023
5 If, after 15 days after receiving this letter, no full payments as aforementioned are made, the
employment agreement is terminated. We held Kayserispor Kulubu accountable for the full nett
salary, as stated in the employment agreement, the addendum on the employment agreement
and the annex on the employment agreement between Kayserispor Kulubu and our Client, until
pg. 5
REF. FPSD-14976
the end of this agreement (May 31, 2023), to be fully paid to my Client, due to serious neglect of
the agreed on terms and conditions in the employment agreement, its addendum and annex.
5 | Final provisions
If needed, we will start a FIFA procedure regarding the demands in chapter 3, points 2, 3 and 5.
For the sake of clarity we stipulate that our demands are all based on signed agreements
between parties and are supported by two FIFA rulings.”
7.
On 26 June 2022, the Player, via his former legal representative, sent another letter to the
Club, stating that the previous letter was a default notice granting 15 days to the Club to
remit payment of the overdue amounts and declaring that he had terminated the Contract
due to overdue payables and in accordance with art. 14bis of the FIFA Regulations on the
Status and Transfer of Players (quoted verbatim and in relevant part):
“Subject Confirmation termination by just case for our client Mr. Kevin Luckassen
[…]
1 | Introduction
On June 8, 2022, we send a RSTP 14 BIS notification letter to the registered email address of
Kayserispor Kulubu in which we terminated with just cause, if the full salary was not payed
within 15 days after receiving the notification letter […].
On June 10, 2022, we received a call from a representative of Kayserispor Kulubu I which was
stated our letter was received and the representative wanted to speak about this case. To
prevent any misunderstanding, we kindly requested to send us an e-mail. We did not receive
a reply on this request.
On June 22, 2022, we received a letter in which – again – was stated that our letter was
received.
In the letter from Kayserispor Kulubu is stated that no notification letter was send and there
was a termination, without a 15day payment option for Kayserispor Kulubu (?).
For the sake of clarity, or June 8, 2022 letter, is the first notification letter, in this letter we put
Kayserispor Kulubu in default and we mentioned the 15 days payment deadline 3 times
explicit and 2 times implicit (!)
This letter, is the formal termination letter. This letter is send to Kayserispor Kulubu, more
than 15 days after the first letter.
Kayserispor Kulubu is free to start an FIFA RSTP article 17 procedure against our client, in our
pg. 6
REF. FPSD-14976
opinion this is an unnecessary procedure due to the fact that the correct procedure FIFA RSTP
article 14 BIS is followed.
What the purpose is of the club to start an FIFA RSTP article 17 procedure is unclear. In our
opinion it is a major insult to the Fair play rules in football and to our client, who is a true
professional, who was always available for the club and is known for exemplary behavior, even
as our client had not received any payment from the club, since June 2021 !
2 | Conclusion
Today, on June 26, 2022, more then 15 days after our FIFA RSTP article 14 BIS notification
letter, and after almost one calendar year since our client received his last payment from
Kayserispor Kulubu, we come to the conclusion that Kayserispor Kulubu – again – ignores
our request and both FIFA rulings in this case, and did not pay the sum of € 150.000 net +
coasts to our client (Annex 3: bank statement)
Therefore we cannot come to another conclusion that the employment agreement between our
client, mr Kevin Luckassen and Kayserispor Kulubu as of today, June 26, 2022 is formally
terminated with just cause based on article 14 BIS, FIFA RSTP.”
8.
The Professional Affairs Unit of the Turkish Football Federation (hereinafter: the TFF) issued
a letter to the Player’s former legal representative on 25 July 2022, signed by the TFF Deputy
General Secretary, whereby it acknowledged a letter from the Player dated 26 June 2022
declaring the contract with the Club to be unilaterally terminated, and confirmed that it
had entered such termination in its records.
9.
On 12 September 2022, the Player signed an employment contract with the Romanian club
Fotbal Club Rapid 1923 S.A., valid as from 6 September 2022 until 30 June 2023. Under this
new contract, the Player was entitled to receive EUR 7,500 net as monthly salary and a
signing bonus of EUR 15,000 net.
10. On 17 and 18 August 2023, the Club paid the Player the outstanding amounts.
II. Proceedings before FIFA
11. On 17 June 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
12. The Player lodged a claim for compensation for breach of contract, claiming he had
unilaterally terminated the Contract for just cause pursuant to art. 14bis.
pg. 7
REF. FPSD-14976
13. According to the Player, on the date of termination, which he submitted occurred on 26
June 2022, the residual value of the Contract totalled EUR 300,000 net, consisting of
amounts due under both the Addendum and Annex 1 to the Addendum.
14. According to the Player’s calculations, he was able to mitigate his damages in the amount
of EUR 90,000 net under his new contract, leading to a mitigated compensation of EUR
210,000 net. Furthermore, the Player argued that he was entitled to additional
compensation at least equal to 3 monthly salaries (EUR 90,000 net).
15. However, the Player also submitted that there were egregious circumstances at play, given
the fact that the Club consistently failed to pay him his monthly salaries and he was forced
to open 2 separate legal proceedings before FIFA to receive his dues, and he was left with
no option but to terminate the Contract. Moreover, the Club only paid the outstanding
salaries to the Player after almost two years and after the FIFA Disciplinary Committee
imposed a transfer ban on the Club. Therefore, the Player submitted that he should be
entitled to 4-6 months of additional compensation, but in any case, the mitigation is offset
by the additional compensation.
16. The Player’s requests for relief were, therefore, as follows:
“1. Establish that the Player terminated the Employment Contract in accordance with Article
14bis of the FIFA RSTP with just cause due to overdue payables;
2. To award the Player with compensation in the amount of € 300,000 NET plus interest as of 27
June 2022 (the day following the day of termination) until the date of effective payment; and
3. Impose sporting sanctions upon the Club for breach of contract within the protected period.”
b. Reply of the Respondent
17. In its reply, the Club argued that the Player effectively terminated his Contract on 8 June
2022, and his claim was therefore time-barred.
18. According to the Club, the notice sent on 26 June 2022, entitled “Confirmation of
Termination” was a confirmation that the termination had occurred prior to that date.
Instead, the Player terminated the Contract via his letter dated 8 June 2022, as such letter
explicitly stated the intent to terminate the contract immediately due to just cause.
19. In the Club’s view, the language used in said notification left no doubt about this intent: “We
do not see any other option than to terminate the contract between Kayserispor Kulubu and our
client Mr. Kevin Luckassen, on just cause”, referring to art. 14bis. Said letter further demanded
the immediate payment of 6 monthly instalments for the following season and did not
provide the opportunity to rectify the breach within a specified period. Rather, the letter
pg. 8
REF. FPSD-14976
from 8 June 2022 terminated the contract with immediate effect and requested the
consequences arising from this termination.
20. Conversely, the letter from 26 June 2022 demonstrated the Player realized his failure to
provide the required 15 days in accordance with the FIFA RSTP, thereby creating a situation
of termination without just cause. However, the Player was unable to rectify the fact that
the termination clearly occurred on 8 June 2022.
21. The Club sustained that the Player therefore failed to observe the formal requirements of
art. 14bis.
22. As such, the Club requested the following:
“1. Refuse to oversee the procedure due to Inadmissibility
2. Dismiss the claim of Kevin Luckassen.”
c. Replica of the Claimant
23. In his replica, the Player reiterated that the 8 June 2022 letter should be considered as a
default letter, whereas the letter dated 26 June 2022 should be considered as the
termination letter, highlighting the wording employed in each letter (quoted verbatim):
“Letter dated 8 June 2022
Page 4:
‘5 If, after 15 days after receiving this letter, no full payments as aforementioned are made,
the employment agreement is terminated. We held Kayserispor Külübü accountable for the
full nett salary...’
and
‘The football agent of our Client, Mr Ugur Zevfi, is no longer available for communication with
Kayserispor Külübü regarding any questions / remarks for our Client, until full payment, as
specified in this letter, have been made or until the final termination of the employment
agreement.’
From the letter dated 26 June 2022:
‘On June 8 2022, we send a RSTP 14 BIS notification letter to the registered email address of
Kayserispor Kulunü in which we terminated with just cause, if the full salary was not payed
within 15 days after receiving the notification letter’
and
pg. 9
REF. FPSD-14976
‘For the sake of clarity, our June 8, 2022 letter, is the first notification letter, in this letter we
put Kayserispor Kulubü in default and we mentioned the 15 days payment deadline 3 times
explicit and 2 times implicit (!)’
and
‘This letter, is the formal termination letter.’
finally
‘Today, on June 26, 2022, more than 15 days after our FIFA RSTP article 14 BIS notification
letter, and after almost one calendar year since our client received his last payment form
Kayserispor Kulubü, we come to the conclusion that Kayserispor Kulubü – again – ignores our
request and both FIFA rulings in this case, and did not pay the sum of € 150.000 net + coasts
to our client.
Therefore we cannot come to another conclusion that the employment agreement between
our client, mr Kevin Luckassen and Kayserispor Kulubü as of today, June 26, 2022 is formally
terminated with just cause based on article 14 BIS, FIFA RSTP.’”
24. The Player further indicated that the “wording of the letter dated 8 June 2022 might be
considered somewhat unlucky on certain points due to the misuse of the English language and
grammar,” but that this did not detract from the fact that both letters taken together led to
the conclusion that the letter from 8 June 2022 was a default letter.
25. The Player also highlighted that the letter dated 8 June 2022 requested payment within 15
days after receipt of the letter referring to art. 14bis of the Regulations on the Status and
Transfer of Players.
26. Thus, the Player’s request for relief, as amended, was as follows:
“1. Establish that the claim of the Player was timely submitted and therefore admissible;
2. Establish that the Player terminated the Employment Contract in accordance with Article
14bis. Of the FIFA RSTP with just cause due to overdue payables;
3. To award the Player with compensation in the amount of € 300,000 NET plus interest as of 27
June 2022 (the day following the day of termination) until the date of effective payment; and
4. Impose sporting sanctions upon the Club for breach of contract within the protected period.”
d. Duplica of the Respondent
27. In its duplica, the Club argued that the Player was receiving legal assistance when he sent
the correspondence in question to the Club, and that the wording used in the letter dated
8 June 2022 was deliberate.
pg. 10
REF. FPSD-14976
28. The Club further pointed out that the letter dated 8 June 2022:
−
explicitly stated “Termination by just cause” in its subject line
−
Article 2 was entitled “Termination based on just cause” and included the statement
“We do not see any other option than to terminate the contract between Kayserispor
Kulubu and our client Mr. Kevin Luckassen on just cause.”
−
Article 3 (Demands) read, “We therefore terminate the contract, per direct, with
aforementioned jus case, as of the day this letter is received at your registered email
address: [email protected].”
29. The Club submitted that the foregoing language left no room for interpretation that the
letter from 8 June 2022 was a termination notice, not a default notice.
30. According to the Club, what occurred was a mishandling of the termination procedure by
the Player and his legal representative, which they attempted to retroactively rectify via the
letter dated 26 June 2022.
31. Therefore, the Club requested that FIFA dismiss the Player’s claim due to the statute of
limitations.
pg. 11
REF. FPSD-14976
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
32. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 17 June 2024 and submitted for decision on
8 May 2025. Taking into account the wording of art. 31 and 34 of the January 2025 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
33. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 edition), the Dispute Resolution Chamber is competent to deal with the matter at
stake, which concerns an employment-related dispute with an international dimension
between a Dutch player and a Turkish club.
34. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
35. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Admissibility
36. Having established the competence and the applicable regulations, the Chamber noted
that the Club strongly disputed the admissibility of the claim, arguing that the Player
terminated the Contract on 8 June 2022 and, therefore, the statute of limitations to file his
claim lapsed on 8 June 2024. Conversely, the Player sustained that his correspondence to
the Club on 8 June 2022, while not perfectly drafted, was a default notice granting a
deadline for payment, whereas the correspondence to the Club dated 26 June 2022 was
the actual termination notice.
pg. 12
REF. FPSD-14976
37. In light of the foregoing, the Chamber began by recalling the contents of art. 23 par. 3 of
the Regulations, which states that “The Football Tribunal shall not hear any case subject to
these regulations if more than two years have elapsed since the event giving rise to the dispute.
Application of this time limit shall be examined ex officio in each individual case.”
38. As the parties’ respective positions on the admissibility of the claim turned on the contents
and interpretation of the Player’s letters from 8 June 2022 and 26 June 2022, the Chamber
considered it crucial to examine the contents of both letters in order to ascertain their legal
effects:
Subject
Letter of 8 June 2022
Termination by just case
In this letter we write you about the
termination of
the employment
agreement
between
Kayseriospor
Kulubu and our Client, mr Kevin
Luckassen with just cause.
[…]
2| Termination based on just case
Since your management has been
absolutely unresponsive to all our
letters, our Client has no idea about the
planning
of
the
pre-season
program/planning and there is a
whopping default in payments to our
Client for the sum of € 150.000 + taxes
and interest, we do not see any other
option then to terminate the contract
between Kayserispor Kulubu and our
Client Mr. Kevin Luckassen, on just
cause.
This termination on just cause is based
on article 14 BIS of the FIFA RSTP, august
2021 edition: […]”
Letter of 26 June 2022
Confirmation termination by just
case for our client Mr. Kevin
Luckassen
In this letter we confirm
termination of the employment
agreement between our client, mr
Kevin Luckassen and Kayserispor
Kulubu.
1 | Introduction
On June 8, 2022, we send a RSTP 14
BIS notification letter to the
registered email address of
Kayserispor Kulubu in which we
terminated with just cause, if the
full salary was not payed within 15
days after receiving the notification
letter […].
On June 10, 2022, we received a call
from
a
representative
of
Kayserispor Kulubu I which was
stated our letter was received and
the representative wanted to speak
about this case. To prevent any
misunderstanding,
we
kindly
requested to send us an e-mail. We
did not receive a reply on this
request.
On June 22, 2022, we received a
letter in which – again – was stated
that our letter was received.
pg. 13
REF. FPSD-14976
In the letter from Kayserispor
Kulubu is stated that no
notification letter was send and
there was a termination, without a
15day
payment
option
for
Kayserispor Kulubu (?).
For the sake of clarity, or June 8,
2022 letter, is the first notification
letter, in this letter we put
Kayserispor Kulubu in default and
we mentioned the 15 days
payment deadline 3 times explicit
and 2 times implicit (!)
This letter, is the formal
termination letter. This letter is
send to Kayserispor Kulubu, more
than 15 days after the first letter.
Kayserispor Kulubu is free to start
an FIFA RSTP article 17 procedure
against our client, in our opinion
this is an unnecessary procedure
due to the fact that the correct
procedure FIFA RSTP article 14 BIS
is followed.
What the purpose is of the club to
start an FIFA RSTP article 17
procedure is unclear. In our
opinion it is a major insult to the
Fair play rules in football and to
our client, who is a true
professional, who was always
available for the club and is known
for exemplary behavior, even as
our client had not received any
payment from the club, since June
2021 !
3 | Demands
We hereby held Kayserispor Kulubu
pg. 14
REF. FPSD-14976
liable for non payment of the sum of €
150.000 net = coast of outstanding
salary for football-season 2021-2022, as
agreed upon in the employment
contract,
the
annexe
on
the
employment agreement and the
addendum
on
the
employment
agreement. Our claim is supported by
the decision of the FIFA in cases FPSD
4733 and FPSD 5027.
1 We therefore terminate the contract,
per direct, with aforementioned just
case, as of the day this letter is received
at your registered email address:
[email protected].
2 In accordance with article 14 BIS RSTP,
version August 2021, we demand full
nett payment, including all costs, by the
know bank account of our Client, within
15 days as of the day this letter is
received at your aforementioned
registered email address.
3 We furthermore demand that all taxes
are fully paid, in compliance with the
Turkish tax law / regulations and that
the correct and paid sum of income to
my Client is declared and that all taxes
and fines are paid to the Turkish Tax
authorities.
We await proof of full declaration and
payment of taxes, we will ask our tax
lawyer to audit your declaration.
4 For season 2022-2023, after full
payment by Kayserispor Kulubu of the
aforementioned due salary, taxes,
interest for season 2021-2022, my Client
is available for work. When no payment
is made within the aforementioned
date, the employment agreement is
terminated.
pg. 15
REF. FPSD-14976
If the aforementioned payments to our
client have been made within 15 days,
there still is a severe breach in trust,
therefore we await upfront net
payments for football-season 20222023 for:
[…]
Before December 30, 2023
5 If, after 15 days after receiving this
letter,
no
full
payments
as
aforementioned
are
made,
the
employment agreement is terminated.
We
held
Kayserispor
Kulubu
accountable for the full nett salary, as
stated in the employment agreement,
the addendum on the employment
agreement and the annex on the
employment
agreement
between
Kayserispor Kulubu and our Client, until
the end of this agreement (May 31,
2023), to be fully paid to my Client, due
to serious neglect of the agreed on
terms
and
conditions
in
the
employment agreement, its addendum
and annex.
5 | Final provisions
If needed, we will start a FIFA procedure
regarding the demands in chapter 3,
points 2, 3 and 5. For the sake of clarity
we stipulate that our demands are all
based on signed agreements between
parties and are supported by two FIFA
rulings.
2 | Conclusion
Today, on June 26, 2022, more then
15 days after our FIFA RSTP article
14 BIS notification letter, and after
almost one calendar year since our
client received his last payment
from Kayserispor Kulubu, we come
to the conclusion that Kayserispor
Kulubu – again – ignores our
request and both FIFA rulings in
this case, and did not pay the sum
of € 150.000 net + coasts to our
client (Annex 3: bank statement)
Therefore we cannot come to
pg. 16
REF. FPSD-14976
another conclusion that the
employment agreement between
our client, mr Kevin Luckassen and
Kayserispor Kulubu as of today,
June 26, 2022 is formally
terminated with just cause based
on article 14 BIS, FIFA RSTP.
39. The Chamber noted that the letter from 8 June 2022 both employed language expressly
stating that the Contract was terminated as of the date that letter reached the Club, and
language stating that, if after 15 days the amount requested was not received, the
employment agreement was terminated.
40. Furthermore, the Chamber noted that this letter was followed up with a letter on 26 June
2022 confirming that the Contract was terminated as of 26 June 2022.
41. As an additional observation, the Chamber highlighted that, at least pursuant to the
information available on TMS and introduced by the TFF concerning the end of the Player’s
employment relationship with the Club, the Player had ended his Contract with the Club
on 8 June 2022. While the Chamber did not consider this information to be entirely
dispositive, it was nevertheless another element to consider, particularly when contrasted
with the information contained in the letter dated 25 July 2022 from the TFF and provided
by the Player, which seemed to indicate 26 June 2022 as the date of termination registered
by the TFF.
42. Moreover, the Chamber underscored that the Player’s letter from 26 June 2022 referenced
a previous correspondence from the Club on 22 June 2022 where the Club appeared to
have acknowledged that the Player was terminating the Contract as of 8 June 2022. While
such letter was not made available to the Chamber, this reaction from the Club to the
Player’s letter dated 8 June 2022 was then addressed by the Player in his letter of 26 June
2022, seemingly to clarify that the 8 June 2022 letter was a default notice, whereas the
actual termination was contained in that letter of 26 June 2022.
43. Thus, in view of the totality of the circumstances, the Chamber was not satisfied that the
date of termination of the Contract was in fact 26 June 2022, as the Player sustained.
44. In particular, the Chamber considered it important to note that, on its face, the 8 June 2022
letter contained more than one explicit statement declaring the Contract terminated:
“In this letter we write you about the termination of the employment agreement
between Kayseriospor Kulubu and our Client, mr Kevin Luckassen with just cause.”
“[…] we do not see any other option then to terminate the contract between Kayserispor
Kulubu and our Client Mr. Kevin Luckassen, on just cause.
pg. 17
REF. FPSD-14976
“This termination on just cause is based on article 14 BIS of the FIFA RSTP, august 2021
edition […].”
“1 We therefore terminate the contract, per direct, with aforementioned just case,
as of the day this letter is received at your registered email address:
[email protected].”
(emphasis added)
45. The Chamber considered that these statements, contained in an official correspondence
directed to the Club via the Player’s authorized legal representative at the time, indeed held
weight, were intended to produce legal effects, and can and did produce the legal effect of
declaring the Contract terminated.
46. While conscious that the parties did not appear to be communicating in their native
language, and also considering the information available on TMS, the Chamber concluded
that there were sufficient elements to conclude that the 8 June 2022 letter shall be taken
as the date of the Player’s unilateral termination of the Contract.
47. The natural consequence of the foregoing is that, by waiting until 17 June 2024 to file his
claim, the Player’s claim is time-barred, as more than two years have elapsed since the
event giving rise to the dispute.
48. Therefore, the Chamber held that the Player’s claim shall be deemed inadmissible.
d. Costs
49. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
50. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
pg. 18
REF. FPSD-14976
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Kevin Luckassen, is inadmissible.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 19
REF. FPSD-14976
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 20