EXCLUSIVE: Swiss Federal Court’s Ruling In Romanian Striker Mutu’s Case Irrevocable

The Swiss Federal Court’s decision whereby Romanian striker Adrian Mutu must pay EUR17 million damages to the Chelsea London football club is irrevocable, and an executory act was already issued, so that the club can start foreclosure procedures against the footballer to recover its money.

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Mutu can appeal the decision with the European Court of Human Rights (ECHR). Nevertheless, Mino Auletta, president of the Court of Arbitration for Sports, said he doubts the Romanian striker will have his sentence changed by resorting to the ECHR, adding Mutu risks to be suspended by the International Federation of Association Football (FIFA) unless he pays the damage.

People familiar with the issue said that Mutu cannot appeal the ruling with the ECHR, as this should entail legal actions against a state for breaching the European Convention, which is not the case here. Moreover, considering arbitrage regulations, if a case is brought before an arbitrage court, the case cannot be appealed with a court of common law.

The Swiss Federal Court decided last week to uphold the ruling of the Court of Arbitration for Sport, or CAS, according to which Mutu must pay damages to the Chelsea London, after the FIFA Dispute Resolution Chamber, or DRC, found that the striker had breached his contract with Chelsea.

On September 14, 2009, Mutu appealed against the decision of the CAS with the Swiss Federal Court. Initially, the Swiss Federal Court decided to temporarily annul the CAS ruling on October 21, 2009.

In the summer of 2003, Chelsea paid Italian football club AC Parma GBP15.8 million for Mutu's transfer. Mutu, currently on the roster of AC Fiorentina, signed a five-year contract with Chelsea at the time, but the English club decided to sack him in October 2004, after he tested positive for cocaine in an anti-doping screening.

Britain's Football Association suspended Mutu for seven months, on account of his positive cocaine test result. Representatives of the British football club said the Romanian striker has caused Chelsea losses of GBP13 million.

Mutu, 31, is currently serving a nine-month doping ban in Italy, which is set to expire late October.

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