Adrian Mutu is facing a bill in excess of £14.6m after a Fifa compensation award to Chelsea was upheld by sport's highest
court. The sum was for Mutu's breach of contract relating to his
having tested positive for using cocaine in September 2004. He was
sacked a month later and after the five-year-long legal battle that
ensued, the Court of Arbitration for Sport today definitively
rejected the Fiorentina and Romania striker's arguments.
They were as follows:
* That the £14.6m compensation related to the full residual
value of his transfer fee, although he had no say in the fixing of
that figure when he joined Chelsea.
* That in summarily sacking him at the time of the positive
test, Chelsea had taken insufficient steps to limit their
damages.
* That the Fifa disputes resolution chamber which fixed the
compensation award has jurisdiction only in cross-border disputes:
he claimed that he was therefore being discriminated against as a
foreigner.
* That Fifa rules state his new club [Livorno or Juventus at the
time of the previous rulings] should be jointly liable alongside
the player for compensation payable, however that has, as yet, not
been enforced.
In a statement the CAS said: "In his appeal to the CAS, Adrian
Mutu sought to set aside the DRC decision and establish that no
compensation was due to be paid by him to Chelsea FC.
"The CAS Panel concluded that the appeal brought by the player
was to be dismissed and the measure of damages, as awarded by the
DRC, was to be confirmed. Adrian Mutu must therefore pay
€17,173,990 (£14.6m) to Chelsea."
Chelsea have so far declined to comment. But although today's
award is a significant victory for the Stamford Bridge club, they
have already written off the £14.6m and will not expect easily to
receive the sum from the 30-year-old. Anyone expecting an instant
windfall for Carlo Ancelotti's summer transfer budget would be
mistaken.
Since the compensation was set by the football authorities and
is principally enforceable by them, Mutu may attempt to test the
resolve of Chelsea, as well as the legal foundation for such awards
to be upheld outside sport, by simply retiring from the game.
But for now, at a time when there is significant dispute among
the anti-doping authorities and player-representation organisations
about how to deal with positive tests for recreational drugs, the
CAS's decision is a stark warning to any sportsman thinking of
dabbling in prohibited substances.