AJ Auxerre V. Philippe Mexes and AS Roma CAS Award: Commentary

Preamble Philippe Mexes had a very good relationship with the then Auxerre coach, the famous and renowned Guy Roux, who usually treated his players like his sons but when a father gives you his word you normally understand that he is going to comply with. And this is what happened when Mexes thought that Roux had given him the possibility to be transferred to a club of his choice at the end of season 2003-2004. But a word is not a written contract and Roux denied the chance to his "son" to leave Auxerre so easily and he asked for a huge transfer fee. This was sensed by Mexes like a treachery and then the Mexes saga began ... which will involved not only the player and Auxerre but also AS Roma, his future club in a case that was to transform the FIFA Regulations of 2001 into the revamped 2005 which are quite the same as today. So the saga was not just another case but really a leading one. Introduction Before engaging in an analysis of the AJ Auxerre, hereinafter "Auxerre", Philip Mexes, hereinafter "Mexes" or "the Player", and AS Roma, hereinafter "Roma", cases it is best to clarify that there were three cases with the same facts but different party interests all heard together on the 11th of March 2005. 1. Philippe Mexes & AS Roma v. Federation Internationale de Football Association (FIFA) & AJ Auxerre (and vice versa) for the sporting sanction of FIFA against the player. (TAS 2004/A/708/709/713). 2. AJ Auxerre c. AS Roma & Philippe Mexes (and vice versa) for the indemnity to be paid to Auxerre (TAS 2005/902 & 903) 3. AS Roma v. FIFA for the sporting sanction of FIFA against that club (TAS 2005/A/916). Each of the three cases had to deal with Philippe Mexes prematurely terminating his employment contract with Auxerre in France, and subsequently signing a playing contract with Roma in Italy. Facts Philippe Mexes, born on the 30th of March 1982 in Toulouse, France, had been with the French club Auxerre from the age of 15. On the 13th of May 1998 Philippe Mexes signed a youth contract with Auxerre for 5 years. On the 20th of June 2000, Philippe Mexes replaced this youth contract by signing a professional football player's contract for a period of 5 years. On the 15th of December 2002 Auxerre and Mexes agreed to extend the contract by one year, thus concluding at the end of the 2005-2006 season, the Player's salary was improved and the Club agreed to pay the Player a transfer bonus if he moved to another club. This was crucial to the dispute between the Parties, and will be discussed thoroughly later on in this commentary. During the course of the employment contract, the Player asked the Club what transfer fee they would demand, if the contract was amicably terminated before its expiration date. The Club did not respond to the Player with a figure and just reminded him that he was under contract with the Club until the 30th of June 2006 and they would expect him to satisfy said contractual obligations. On the 24th of May 2004 Roma informed Auxerre that they were interesting in signing the player and they intended to make an offer for the Player's services. On the 4th of June 2004, Roma made an offer of EUR 4,500,000 to Auxerre for the Player. Auxerre told Roma that this offer was way below their valuation of the Player and therefore would not agree to the transfer for this amount of compensation. They added that the Player would remain under contract with the Club until the 30th of June 2006. On the 11th of June 2004, Philippe Mexes made an appeal to FIFA requesting to be released from his contract on the basis of Article 42 (1) of the Regulations on the Status and Transfer of Players, hereinafter "RSTP", 2001 edition. Less than 24 hours later, Roma and Mexes signed a 4 year long contract from the 2004/ 2005 season to the 2007/2008 season. Despite formal demands issued by the Club on the 21st of June 2004 and 1st of July 2004, the Player refused to attend training sessions with AJ Auxerre. …