Shakhtar takes FIFA to CAS and claims 40 million in damages

Russia's invasion of Ukraine has caused irreparable damage to the country at all levels. Also to its soccer, although when there are weapons and lives involved, sport plays a secondary role.

The most damaged team has undoubtedly been Shakhtar Donetsk. The war has led to real problems. More than 15 players, mostly Brazilians, have left under the protection of FIFA's regulation to 'free' foreigners playing in Ukraine and Russia: Dentinho, Junior Moraes, Tete, Pedrinho, Marcos Antonio, David Neres among them.

"FIFA destroyed us. It didn't protect us at any time. If Real Madrid, Sevilla, Barcelona or Bayern Munich were in our situation, I'm sure they would have helped them quickly. I would like someone from FIFA to come to Ukraine, live with us and other teams and feel what it is like to live with sirens and bombs," Darijo Srna, Shakhtar's director of soccer, complained to MARCA.

Shakhtar have taken their complaints against FIFA to the Court of Arbitration for Sport (CAS). An independent will judge the case on December 22, 2022.

"After the violent and illegal invasion of Ukraine by the Russian armed forces, many international players left the club on zero-cost transfers," said Sergei Palkin, the club's general director.

"The inappropriate and hugely impactful measures applied by FIFA ultimately resulted in a significant loss of player transfer income and a decrease in the club's core revenue of approximately 40 million euros.

An amount that from Shakhtar is claimed from FIFA.

"It must reimburse the damages for which it is responsible."

The arguments that Shakhtar will make against FIFA to CAS:

1. The decisions taken by FIFA to annul the international contracts are illegal: there are no legal grounds to suspend the employment contracts under Ukrainian and Swiss law. FIFA cannot - and should not - interfere in contractual relations of which it is not a er.

2. FIFA's actions contravene EU competition law (specifically Article 101 TFEU), which allows Ukrainian soccer clubs access to the European market for the transfer of players. Preventing this access to Ukrainian clubs distorts the fair and democratic market and is anti-competitive.

3. FIFA has not acted in accordance with its own practices and standards of good governance, and has applied contractual procedures without assessing the practical situation in the country and without consulting the main parties concerned, i.e. the Ukrainian clubs and the Ukrainian Football Association (UAF).

4. Bylaws 1800 and 1804 are discriminatory, violate the principle of contractual stability, restrict the economic freedom of clubs, affect the integrity of soccer competitions and are disproportionate. FIFA had and has a responsibility to help and Ukrainian soccer during the war and instead its actions have plunged the local soccer community into an even greater crisis.

Shakhtar also plans to present "fair and less harmful measures that FIFA could have considered and adopted." These include the creation of a reparation fund for Ukrainian clubs affected by the loss of revenue during the conflict. It could also have 'mediated' for Ukrainian teams to have their payments to third parties deferred due to the economic crisis resulting from the war.