CAS Case Digest · Verified against the full award text

CAS 2025/A/11252 — Klubi Futbollit Llapi 1932 v. Valmir Berisha & FIFA

"Llapi v. Berisha" · CAS partially upheld Llapi's appeal, reducing total awards but confirming FIFA DRC jurisdiction and player's just cause termination.

What happened in Llapi v. Berisha

Valmir Berisha, a dual Swedish-Kosovar professional footballer, signed an employment contract with Kosovo club KF Llapi 1932 on 26 May 2024, valid from 1 July 2024 to 30 June 2025. After the club proposed a termination agreement (rejected by the player), failed to pay a EUR 5,000 signing fee, and allegedly excluded him from the first team, Berisha sent multiple default notices and terminated the contract on 26 July 2024. He then signed with Malisheva on 13 August 2024. The FIFA DRC awarded EUR 7,000 outstanding remuneration and EUR 22,000 compensation. Llapi appealed to CAS, challenging FIFA DRC jurisdiction (arguing a purely domestic dispute), the existence of just cause, and the quantum of compensation. The Sole Arbitrator confirmed the dispute was international because Berisha's football nationality was Swedish — evidenced by his TMS registration, FFK player passport, prior registration with Liria as Swedish, and representation of Sweden in youth and Olympic teams. The Kosovar NDRC was found non-compliant with FIFA Circular No. 1010 due to Llapi's failure to prove otherwise. Just cause under Art. 14 RSTP was upheld based on non-payment of the signing fee (equal to 2.5 monthly salaries). The appeal was partially upheld only on quantum: outstanding remuneration reduced to EUR 6,677.42 and compensation capped at EUR 18,322.58 (the residual contract value), with the interest start date on the signing fee corrected to 11 July 2024.

Procedural history of CAS 2025/A/11252

On 10 September 2024, Berisha filed a claim before the FIFA Dispute Resolution Chamber seeking EUR 31,694 in outstanding remuneration and compensation. On 30 January 2025, the FIFA DRC partially accepted the claim, ordering Llapi to pay EUR 7,000 outstanding remuneration (EUR 5,000 signing fee plus EUR 2,000 pro-rata salary) and EUR 22,000 compensation, both with 5% p.a. interest. The grounds were notified on 21 February 2025. On 11 March 2025, Llapi filed a Statement of Appeal with CAS under Article R48 of the CAS Code, followed by an Appeal Brief on 3 April 2025. FIFA filed its Answer on 28 May 2025 and Berisha on 29 May 2025. A videoconference hearing was held on 8 July 2025. CAS was asked to set aside or reduce to zero the FIFA DRC decision, or alternatively to reduce the awarded amounts.

Key holdings in CAS 2025/A/11252

• The dispute was of international dimension because Berisha's football nationality was Swedish, as established by his TMS registration, FFK player passport, prior registration with Liria as a Swedish player, and representation of Sweden in youth and Olympic teams, notwithstanding his reference to a Kosovar ID-card in the Employment Contract.
• The Kosovar NDRC could not constitute a valid alternative forum under Article 22 para. 1 lit. b RSTP because Llapi failed to discharge its burden of proving the Kosovar NDRC's compliance with FIFA Circular No. 1010, and Llapi's own submissions before the FIFA DRC acknowledged the NDRC's non-compliance in international disputes.
• Article 14bis RSTP was inapplicable because no monthly salary was due at the termination date; however, non-payment of the EUR 5,000 signing fee — equivalent to two and a half monthly salaries and due no later than 1 July 2024 — constituted just cause for termination under Article 14 para. 1 RSTP.
• Compensation under Article 17 para. 1 RSTP is capped at the residual value of the prematurely terminated contract (EUR 18,322.58), and this cap applies only to compensation, not to outstanding remuneration awarded under a separate title.
• Default interest on the signing fee runs from 11 July 2024 (the day after the First Notice was sent), not from 27 May 2024 as the FIFA DRC had determined, because no specific performance date was contractually fixed and formal default notice was required under Art. 102 para. 1 CO.

How the CAS panel reasoned

The Sole Arbitrator applied a de novo review under Article R57 CAS Code. On jurisdiction, he assessed the player's 'football nationality' holistically, finding that the mere reference to a Kosovar ID-card in the Employment Contract was insufficient to establish Kosovar sporting nationality, particularly given the weight of contrary evidence (TMS, FFK passport, prior registrations, international representation for Sweden). On the NDRC issue, the burden of proving compliance with FIFA Circular No. 1010 rested on Llapi, which it failed to discharge; the panel also noted Llapi's own prior concession that the NDRC would be non-compliant in international cases. On just cause, the panel found Article 14bis inapplicable (no monthly salary was overdue) but applied Article 14 RSTP, relying on Commentary guidance that non-payment of significant non-salary remuneration can constitute just cause. The signing fee of EUR 5,000 equalled 2.5 monthly salaries — a non-negligible sum. The panel declined to examine the club's alleged abusive behaviour on grounds of procedural economy. On quantum, the panel recalculated the residual contract value at EUR 18,322.58, deducted Malisheva earnings of EUR 5,306.45 to reach a mitigated compensation of EUR 13,016.13, added three months' additional compensation of EUR 6,000, but capped the total at EUR 18,322.58 per Article 17 para. 1 ii. RSTP. The Appellant's argument that the cap applied to the combined total of compensation and overdue remuneration was rejected.

Why Llapi v. Berisha matters in CAS jurisprudence

This award clarifies that a dual-national player's 'football nationality' for purposes of determining the international dimension of a dispute under Article 22 para. 1 lit. b RSTP is assessed holistically — TMS registration, player passport, prior club registrations, and international representation — and that a mere reference to a domestic ID-card in an employment contract is insufficient to establish domestic sporting nationality. The award also confirms that non-payment of a signing fee equivalent to 2.5 monthly salaries can constitute just cause under Article 14 RSTP even where Article 14bis is inapplicable, and that the Article 17 compensation cap applies only to compensation, not to outstanding remuneration awarded under a separate title.

Cases cited in this award

CAS 2019/A/6409 CAS 2015/A/4333 CAS 2014/A/3864 CAS 2013/A/3172 CAS 2010/A/2049 CAS 2016/A/4704

Frequently asked questions about Llapi v. Berisha

Did Llapi v. Berisha establish that a Kosovar ID-card reference in a contract makes a dispute domestic?

No. The Sole Arbitrator held that the reference to Berisha's Kosovar ID-card in the Employment Contract was insufficient on its own to establish Kosovar sporting nationality. All other football-specific evidence — TMS registration, FFK player passport, prior registration with Liria as Swedish, and representation of Sweden in youth and Olympic teams — pointed exclusively to Swedish nationality, making the dispute international.

Can a player terminate a contract for just cause under Article 14 RSTP if only a signing fee (not monthly salary) is unpaid?

Yes, according to this award. The Sole Arbitrator found Article 14bis RSTP inapplicable because no monthly salary was overdue at the termination date, but held that non-payment of the EUR 5,000 signing fee — equal to two and a half monthly salaries — constituted just cause under Article 14 para. 1 RSTP, relying on Commentary guidance that non-payment of significant non-salary remuneration can justify termination.

How did CAS calculate the compensation cap in Llapi v. Berisha and does it include overdue remuneration?

The Sole Arbitrator calculated the residual contract value at EUR 18,322.58, deducted Malisheva earnings of EUR 5,306.45 to reach mitigated compensation of EUR 13,016.13, then added three months' additional compensation of EUR 6,000, capping the total compensation at EUR 18,322.58 per Article 17 para. 1 ii. RSTP. The cap applies only to compensation under Article 17 RSTP; the separately awarded outstanding remuneration of EUR 6,677.42 is not subject to that cap.

When does default interest start running on an unpaid signing fee where no specific payment date is in the contract?

In this case, the Sole Arbitrator held that because no specific performance date was contractually fixed for the signing fee, the player was required to put the club in formal default under Art. 102 para. 1 CO before interest could run. Interest therefore started on 11 July 2024 — the day after the First Notice was sent on 10 July 2024 — not from the contract signing date of 26 May 2024 as the FIFA DRC had determined.

Topics: Art. 17 RSTP & contract termination at CAS

Source: official award. This digest was generated by LexXi from the full award text and machine-verified against it — every figure, article and citation above appears in the source. It is an editorial summary, not legal advice. See how ElevenLex verification works.