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FIFPro is extremely disappointed by the verdict of the CAS in response to the appeal which FC Sion and Essam El-Hadary had initiated against the ruling which FIFA’s DRC had previously given in the case of Sion and El-Hadary against Al-Ahly.


The CAS ruled that FC Sion had to pay compensation of $796,500 due to the arrival of El-Hadary at the Swiss club in February of 2008. The Egyptian keeper was suspended for the first four months of the coming season, while Sion were banned from signing players for the next two transfer windows.


El-Hadary cancelled his contract at Al-Ahly in 2008. He made use of the Webster ruling which allows players to unilaterally cancel an undertaking if at least three years of their contract has elapsed and they inform the club management that they wish to dissolve their contract within three weeks following the end of the league competition. The player must pay compensation which is dependent on the remaining value of his contract. El-Hadary had played twelve seasons for Al-Ahly.


In April 2009, FIFA’s DRC ruled that FC Sion and El-Hadary should pay €900,000 to Al-Ahly, far more than the remaining value of the contract. The DRC had taken into account the ‘unamortized transfer value’ when calculating the compensation. The DRC also ruled that El-Hadary should be suspended for four months. Following this ruling, the Swiss club and the Egyptian international turned to the CAS, but without any real success.


Wil van Megen, lawyer from FIFPro’s Legal Department, reacted with disappointment to the verdict of the CAS. ‘Once again, a wrong criterion has been applied in determining the compensation to be paid, namely the unamortized transfer value’, complained Van Megen. ‘Article 17 of the FIFA Regulations for the Status and Transfers of Players emphatically does not mention this concept, the unamortized transfer value. Under the Bosman ruling, it must also not play any role in such decisions.’


‘On the basis of the criteria of Article 17, only the remaining value of the contract is relevant here. There may be circumstances which give cause for a different payment, but this has not proved to be the case here.’


El-Hadary has been the Egyptian national team keeper for many years. The 37-year-old has played 120 international matches for the Pharaohs and was again part of the team in January when Egypt won the African Nations Cup in Angola. He left Sion in July 2009 and signed for the Egyptian side Ismaily.