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Swiss Federal Court definitively dismisses appeal by Turkish soccer club against CAS award

Non-appealable decision by the Sports Courts for Vicente del Bosque in his dispute with Besiktas

07/23/2007

The Swiss Federal Court has dismissed, on a non-appealable basis, the appeal by Besiktas against the award made by the Court of Arbitration for Sport (CAS) on February 9, 2007, ordering Turkish soccer club Besiktas to pay coach Vicente del Bosque and the three assistants on his technical staff—Antonio Grande, Javier Miñano and Francisco Jiménez—the full damages stipulated in the contracts that the club decided to terminate without just cause on January 27, 2005.

The Swiss Federal Court has dismissed, on a non-appealable basis, the appeal by Besiktas against the award made by the Court of Arbitration for Sport (CAS) on February 9, 2007, ordering Turkish soccer club Besiktas to pay coach Vicente del Bosque and the three assistants on his technical staff—Antonio Grande, Javier Miñano and Francisco Jiménez—the full damages stipulated in the contracts that the club decided to terminate without just cause on January 27, 2005.

Following the unilateral termination of the contracts by the Turkish club, Vicente del Bosque and the other members of his technical team made several attempts to reach an amicable solution in the sporting arena, at both the Turkish Football Federation and FIFA. However, given the lack of interest shown by Besiktas and the failure of such attempts, the claimants decided to go to the CAS (the jurisdiction stipulated in the contracts).

In its judgment (rendered on July 13), the Swiss Federal Court also ordered Besiktas to pay all the costs of the proceeding in full. The Court’s decision is firm and final and, consequently, no further appeal is possible now.

Garrigues Sports & Entertainment, under the coordination of Javier Ferrero, acted as legal representatives for Vicente del Bosque and his entire team in this proceeding at the Swiss Federal Court. In this final phase, Garrigues acted in conjunction with Swiss firm Froriep Renggli.

Following the Federal Court’s decision, Besiktas will again be required to honor its obligations in full by paying the amounts owed. If Besiktas continues to refuse, Vicente del Bosque’s legal team will apply to the competent authorities for the commencement of the appropriate enforcement proceedings. Moreover, the Turkish club runs the risk of harsh sporting penalties being imposed on it if it fails to comply.

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