The Court of Arbitration for Sport (TAS-CAS) confirmed that contracts are binding despite the players' will. TAS/CAS

The Court of Arbitration for Sport (CAS) dismissed the appeals and upheld FIFA's decisions, but also increased the compensation that  Jaka Čuber Potočnik must pay for leaving NK Olimpija Ljubljana without just cause. This confirms the principle that contracts cannot be unilaterally terminated without just cause or fair compensation.

The CAS ruling is significant for the interests of clubs, particularly in the case of NK Olimpija Ljubljana and the player Jaka Čuber Potočnik. The decision sets a precedent for the Court of Appeal, which is often used to resolve sports-related disputes, including contractual issues and the limits of professional footballers. 

The Dispute Resolution Chamber of the FIFA Football Tribunal had handed down a condemnatory verdict on 1 February 2023, which was appealed to CAS, which, acting as an appellate body by voluntary submission of the parties involved, rejected the appeals of FC Köln and the player and upheld the earlier decision. In addition, CAS partially accepted Olimpija's appeal for an increase in the amount of compensation, raising it from €51,750 to €60,000 (a middle ground between the club's request and FIFA's original decision).

By confirming the contested decision and the increased compensation for breach of contract, CAS determined that the player committed a serious breach (unilateral termination of the contract without just cause) against his former club, Olimpija, which merits a sanction. 

The sanction imposed includes a four-month period of ineligibility and the payment of compensation to Olimpija, for which FC Köln is also jointly responsible. In addition, FC Köln is prohibited from registering any new players, either nationally or internationally, for the next two complete and consecutive registration periods.

CAS cited FC Köln's lack of due diligence in its contacts with the player's agent and stressed that the club had willingly accepted the risk of being charged with inducing a crime, inducing a breach of contract and the resulting sporting sanctions. The ruling also underlined CAS's position that such situations should be avoided as they undermine the principle of contractual stability in strict accordance with article 17.4 of the FIFA Regulations for the Status and Transfer of Players. 

While recognising the freedom to work voluntarily, even for professional footballers, CAS emphasised the crucial principle of comprehensibility. It stated that good practice and good faith prevent a player with a valid contract from being contacted in order to induce him to leave his job (and contract) for a new one without fair compensation.

In any case, the termination should always be accompanied by fair compensation (or what is commonly known as a transfer fee, which exceeds the payment for terminating the existing contract to sign a new one with another club). If the agreed compensation for the termination of a contract is not paid as agreed, CAS has the ultimate authority to ensure justice for the parties involved.