Leeds lose CAS appeal and will have to pay RB Leipzig €21m for Jean-Kevin Augustin - The Athletic 4/11/22
By Phil Hay
Leeds United have lost their Court of Arbitration for Sport
(CAS) case over the transfer of Jean-Kevin Augustin.
Leeds will have to pay the full fee agreed with RB Leipzig
at the time of Augustin’s loan move in January 2020, €21million (£18m).
The loan included a purchase obligation where Leeds would
have to pay €21m if Leeds were promoted at the end of the 2019-20 season. Leeds
were promoted after the COVID-19 pause to the campaign.
A FIFA hearing in June 2021 upheld Leipzig’s claim – called
the “Challenged Decision” — that Leeds had to pay the transfer fee, with a
first instalment of €6.7m (£5.85m) due. Leeds appealed that decision to CAS.
But CAS have now said: “The panel held that the “Purchase
Obligation” had been triggered at the end of the 2019-2020 season, even though
the season had concluded later than expected due to the disruption caused by
the outbreak of the COVID-19 pandemic, and confirmed the “Challenged Decision”
in full, including the obligation of LUFC to pay to RB Leipzig the first
instalment of the transfer fee, the two other instalments being not due yet, at
the time of the FIFA procedure.”
The Elland Road side are planning to appeal. A statement
said: “Leeds United are surprised and disappointed by the Court of Arbitration
for Sport’s decision, which not only contradicts the language and meaning of
the contract but also the practices adopted in European football under FIFA
regulations, due to the unique impact of the extensions to the season
necessitated by Covid postponements.
“The club will now review carefully all of its legal options
with a view to an immediate appeal. We will make no further comment at this
time.”
Leipzig said: “This decision of the CAS is in principle
final. Although Leeds United has the opportunity to lodge an appeal with the
Swiss Federal Supreme Court, the procedural hurdles for doing so are very high
and no points of attack against the CAS decision are to be expected.
“The outcome of the proceedings is therefore fully in line
with RB Leipzig’s intentions.”
CAS told The Athletic in January this year: “It is possible
to appeal a CAS award to the Swiss Federal Tribunal on very limited grounds.”
Augustin played three games for Leeds, failing to score. He
has since represented Nantes and Basel.
