In a ruling handed down on 7 October 2025 (No. 24/01743), in a case between a professional basketball player, represented by Mrs. BRUIN, and his former basketball club, the Nîmes Court of Appeal decided in particular that the employing club, having terminated the professional athlete’s fixed-term contract for serious misconduct, including alleged physical threats and verbal abuse against the coach and refusal to follow instructions, must prove the allegations with evidence.
Thus, the Club cannot simply submit unsubstantiated statements or testimony from the coach, the alleged victim, which is not corroborated by other testimony, to prove the alleged physical threats and verbal abuse attributed to the player, since it has been established that the incident attributed to the athlete took place in the presence of several players.
Similarly, with regard to the complaint concerning the alleged refusal to follow instructions, the reports produced, written by the same coach, and an undated statement are not sufficient to prove the alleged breaches.
It should be noted that in cases of termination of contract for serious misconduct, the burden of proof lies with the employer.
A club cannot simply allege misconduct in order to terminate a contract. It must be able to concretely demonstrate the reality of the alleged facts.
In the context of professional sport, this requirement is particularly important because the unjustified termination of a fixed-term contract (FTC) can have significant financial consequences for the club.
Indeed, when serious misconduct is not established, the club may be ordered to pay the player the salaries remaining due until the end of the contract.
Recommendations for sports clubs
The decision of the Nîmes Court of Appeal provides several practical lessons for professional clubs.
° Build a solid evidentiary file
In the event of a disciplinary incident, it is essential to document the facts precisely.
Clubs should ensure that they collect:
- detailed statements from direct witnesses;
- testimonies from several individuals present at the time of the incident;
- any material evidence capable of corroborating the facts (disciplinary reports, etc.).
° Draft detailed and dated reports
Incident reports must be dated, detailed, and drafted objectively.
It is also preferable that these documents do not originate from a single individual, but are confirmed by several members of the coaching or management staff.
° Implement an internal disciplinary procedure
For example:
- systematic drafting of an incident report;
- immediate collection of witness statements;
- proper preservation of evidence.
Recommendations for professional athletes
This decision also provides useful guidance for players.
° Keep records in case of conflict
When a dispute arises with the club or the coach, it may be useful to:
- keep written exchanges (emails, messages);
- identify witnesses present during the incidents;
- record the precise circumstances of the events.
° Respond quickly to allegations
If a club raises disciplinary concerns, it is advisable to:
- request written clarification of the alleged facts;
- provide a written response.
° Seek assistance from a sports lawyer
The early termination of a professional athlete’s contract can have major consequences for a player’s career and income.
In this context, the assistance of a lawyer specializing in sports law and employment law makes it possible to:
- analyse the validity of the termination;
- verify the evidence relied upon by the club;
- initiate legal action, if necessary, in order to obtain compensation.
Link to the judgment: https://www.lexbase.fr/jurisprudence/126208743-ca-nimes-07102025-n-2401743-infirmation-partielle