2010-06-14 / Mutu ordered to pay Chelsea Football Club £14m damages for breach of contract following a doping offence

Former Chelsea striker, Adrian Mutu, has lost his final appeal in a five-year legal battle and must, therefore, pay his old club £14m in damages for breach of contract. On 14 June, 2010, the Swiss Federal Court (TFS) upheld the decision made by the Dispute Resolution Chamber of FIFA (DRC) and the appeal award of the Court of Arbitration for Sport (CAS) after Mutu, who is 31 and now plays for Fiorentina FC, was sacked by Chelsea in 2004 after testing positive for cocaine.
Mutu also received a sporting sanction of a seven-months' worldwide football ban for the doping offence.
Chelsea had brought legal proceedings against him in order to recover the £15m they had paid to sign him from the Italian Club Parma in 2003, and this claim has now been legally held to be valid.

The TFS issued the following statement on 14 June, 2010:
The Swiss Federal Tribunal has rejected the appeal filed by Adrian Mutu against a sentence by CAS. The CAS had sentenced the professional Romanian footballer to paying a sum of more than 17 million euros to his previous employer, Chelsea Football Club Limited.

In 2009, the CAS upheld the DRC ruling for breach of contract, which Mutu described as inhumane and unjust when it was rendered in 2008.

The compensation figure of £14m is based on lost earnings and calculated on the length of time Mutu's Chelsea contract had left to run; and is the highest damages award for breach of contract handed down by the DRC.

Comment:


The final decision in this case is clearly a very significant one in sports law and underlines the civil and financial consequences that may flow from a doping offence in football, which is not only the world's favourite sport, but also the world's most lucrative one. Apart from the sporting sanctions that may be imposed for a doping offence, the financial consequences/implications of the offence may also act as perhaps a greater deterrent for players to keep the 'beautiful game' clean and free from drugs, including recreational ones, such as cocaine. For as the old saying has it: 'those who live by the sword must be prepared to die by the sword!'

Professor Ian Blackshaw
14 June, 2010

 

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