FC Sion challenge transfer ban

(GSM) – Swiss club FC Sion have appealed to the CAS on Wednesday to overturn a transfer ban imposed by FIFA.

The transfer ban was imposed by football’s highest governing authority after goalkeeper Essam El Hadary broke his contract with Egyptian club Al-Ahly to join the Swiss club.

But sport’s highest court is not expected to give a verdict for several weeks, giving Sion the chance to take part in the January transfer window.

FIFA ruled in June that the 36-year-old El Hadary broke his contract with six-time African champion Al-Ahly when he moved to Switzerland last year.

Sion were handed the punishment of being banned from signing players for two transfer windows, running through the end of the 2009-10 season.

Meanwhile, El Hadary was banned from playing at any level for four months and ordered to pay Al-Ahly €900,000 in compensation.

However, those punishments have been frozen until the CAS verdict.

El Hadary walked out on Al-Ahly in midseason after playing in Egypt’s winning African Cup of Nations side in January 2008.

He was the first player to exploit the so-called “Webster Ruling” – named for Scottish defender Andy Webster, who won a landmark freedom of contract case at CAS.

The then CAS panel interpreted Article 17 of FIFA’s transfer regulations to mean players can force a move after completing a certain period under a contract.

Their old club would not be entitled to a transfer fee but would receive compensation amounting only to the salary left on the contract.

Sion said last year it offered Al-Ahly $400,000 (€270,000) to buy out the remainder of El Hadary’s contract.

However, FIFA transfer rules also state that contracts “cannot be unilaterally terminated during the course of a season.”

FIFA passed El Hadary’s registration to play for Sion in April 2008 but cleared Al-Ahly to pursue a breach of contract claim.

Sion and El Hadary appealed despite a request from FIFA president Sepp Blatter not to challenge the governing body.

El Hadary has continued to play since the FIFA verdict and joined Egyptian club Ismaily.

He was in goal for Egypt when it lost a World Cup qualifying playoff against Algeria in neutral Sudan last month.