Gaetano Marotta v. Al Ain FC (CAS)
CAS 2017/A/5219
Under Article 25(5) of the RSTP, a party waives its right to lodge a claim at FIFA if more than two years have elapsed since the event giving rise to the dispute. The relevant date for determining whether more than two years have elapsed is the date on which a claim is lodged, not the date on which the Respondent is notified of the claim.
Where there is a contract between a club and a corporate agent, the individual behind the corporate agent may have standing to bring a claim in reliance on the Swiss law principle of “durchgriff”, but only (a) where the individual can show they are the sole shareholder in the company, and (b) if there is an abuse of the concept of separate legal personality to fraudulently obtain an unjustified advantage.
