Relevance of the Case – Sports Activity Contract
Like any other contract, a sports activity contract is governed by specific legal norms, and failure to comply by the breaching party leads to sanctions. This case is relevant for club’s failure to fulfill contractual obligations and not paying the athlete the monthly remunerations they are owed.
In such situations, the athlete can go to court to obtain pecuniary rights that are due to them.
Summary of the Facts – Alleged Contract Non-Performance
In fact, the claimant, a volleyball player, entered into a sports activity contract in 2020 with the respondent, a sports club, valid for a period of 8 months. The subject of the contract consisted of carrying out sports activities related to volleyball: training and specific preparation for participation in volleyball competitions, participation in friendly and official matches, in exchange for a monthly remuneration.
The manager of the men’s volleyball department at the sports club reproached the claimant for not publishing articles with the club on the social network Facebook. On the same occasion, the manager told the claimant not to come to training anymore, stating he had dismissed them. In concreto, there was abusive behavior by the club’s representative toward the athlete.
Later, after a series of contradictory discussions in which the manager forbade the athlete access to training, the club sent the claimant a notification stating that the athlete’s behavior of not showing up to training constituted unilateral termination of the sports contract, and the club refused to pay the monthly remunerations for the contractual period.
PROCEEDINGS ON THE MERITS, BEFORE THE CLUJ-NAPOCA COURT
Through a statement of claim, the claimant, represented by Brisc Legal attorneys specialized in contract law, asked the court to order the defendant club to pay the monthly remunerations owed until the end of the contract period, to order payment by the defendant of legal penal interest and of amounts representing inflation adjustment, and to pay the legal costs.
The defendant club filed a counterclaim asking the court to find that the same sports activity contract had ended by unilateral termination by the claimant, and in the alternative, to find termination at the initiative of the Club, for non-performance by the athlete.
The claimant, represented by Brisc Legal’s Cluj team of lawyers, showed that they fulfilled all obligations provided in the sports activity contract and that they were never disciplined by the Club, and never expressed intention to end the contract. The claimant stated that according to the contract provisions, unilateral termination is not permitted without granting a notice period and in absence of the athlete’s culpable non-performance.
Thus, the claimant argued that the ineffectiveness of the unilateral termination initiated by the sports club results in the contract remaining valid, with the correlative effect that the club has the obligation to pay the monthly remuneration until the contract period ends.
The Cluj-Napoca Court, in agreement with the arguments developed by the attorneys specialized in contractual non-performance, found that the aspects alleged against the athlete as significant non-performance of the contractual obligations (refusal to share content on the club’s Facebook page) were not verified, which is why the asserted unilateral termination appears illegal, abusive on behalf of the club.
The court also determined that no unilateral termination by the claimant occurred, thus the club’s refusal to pay the monthly remunerations to the athlete represents a breach of contract by the club.
The Cluj-Napoca Court ordered the club to pay all amounts representing the monthly remunerations owed until the end of the contractual period, regardless of the fact that during the litigation the athlete no longer performed for the club, and also awarded the claimant the amounts corresponding to legal penal interest, adjustment with inflation rate, and legal costs.
APPEALS PROCEEDINGS
The sports club filed an appeal in which it repeated all arguments made before the Cluj-Napoca Court, invoking the athlete’s failure to perform contract obligations and the alleged unilateral termination by the athlete.
In line with all the arguments developed by Brisc Legal’s attorneys, the Cluj Tribunal found that the first instance solution was correct, since the conditions for unilateral termination were not met, and the athlete had not breached any contractual obligation.
Accordingly, the appellate court decided that the claimant is entitled to receive the amounts of money representing the remuneration he was deprived of in the period between when the sports club unjustifiably considered the contract terminated by termination and the moment of reaching the contract term.
The solution was also upheld by the Cluj Court of Appeal, which rejected the appeal filed by the sports club.
Furthermore, Brisc Legal assisted the athlete in the enforcement phase, ensuring collection of the amounts awarded by the court decisions.