In winter 2023, footballers from Aktau, part of FC 'Kaspiy', trained and lived in Antalya for around two weeks. They were placed in a five-star hotel, but upon completion of the training camp, they left without paying. The Turkish side took the team to court.
According to ORDA, the Turkish agency Arena Sports & Travel, with which the management of FC 'Kaspiy' had signed a contract, has been unable to get the club to pay its debt of €230,521 (approximately 122 million tenge) for over a year.
"The host party was supposed to provide accommodation in hotel rooms with a full range of services, organise training on the football pitch, transport, medical services, and insurance. The Aktau club undertook to pay for this", the report states.
According to court documents, the Turkish company fulfilled all its obligations. Meanwhile, on the official page of FC 'Kaspiy', there are photos and videos from the team's training camp in Antalya.
"This trip was showcased on social media with enviable regularity — showing how diligently the Aktau footballers trained on the green pitch under the palm trees and warm sun with a sea view, interviewing coaches and athletes. They even used drone footage to show the scale of sports training at the luxury resort. And in almost every post, they tagged the hotel name — Spice Hotel & Spa", the report states.
It emerged that the club's management signed a guarantee letter stating it would make the payment by 30 March 2023.
"On 19 February 2023, the parties signed a service acceptance certificate for the amount of €234,381. On 27 February 2023, the defendant issued the plaintiff a guarantee letter, guaranteeing payment of the debt of €230,521 by 30 March 2023. The contract in this case was signed by authorised representatives of the parties: for the plaintiff, by the company's general director, Behcet Baki, and for the defendant, by the acting director of the state utility company 'Football Club 'Kaspiy'', E. M. Dzhambirov, which signifies their intent to conclude the transaction and establish civil rights and obligations through it", the court materials state.
It is noted that Yerzhan Dzhambirov, who signed the contract with the Turkish company, left FC 'Kaspiy' in April 2023.
After his dismissal, Arena Sports & Travel sued FC 'Kaspiy', demanding payment of €230,000 for the hotel stay and training, plus a penalty.
"The plaintiff, arguing that the defendant failed to fulfil its contractual obligations and did not pay for the services rendered, requested the court to recover from the defendant the principal debt of €230,521, a penalty of €11,526, court costs for the state fee amounting to 3,595,487 tenge, and legal representation costs of 3,900,000 tenge", the court materials state.
In December, the specialised inter-district economic court of the Mangystau Region ruled that the football club owed nothing to the company that organised the training camp for the athletes.
The judge justified this decision by stating that the Turkish company should have participated in state procurement procedures before organising the training camp for the Aktau team.
"Furthermore, the court was unable to establish under what circumstances and on what basis the client, represented by the acting head of the state utility company 'Football Club 'Kaspiy'', E. M. Dzhambirov, concluded the contract in the Republic of Turkey, in the city of Antalya, as the latter refused to appear in court. The claim is to be dismissed in full", the decision of the Mangystau economic court states.
In January of this year, the agency Arena Sports & Travel filed an appeal, threatening to complain to FIFA and UEFA and demand sanctions against FC 'Kaspiy'.
In April, the appeal panel overturned the lower court's decision and partially upheld the Turkish company's claim.
"To recover from the state utility company 'Football Club 'Kaspiy'' of the Department of Physical Culture and Sports of the Mangystau Region in favour of the limited liability company ARENA HALKLA ILISKILER ENERJI ORG. TEKS. VE TIC.LTD.STL the debt amount of €230,521 and a penalty of €1,000, as well as court costs for the state fee of 3,384,813 tenge and legal representation costs of 3,900,000 tenge", the decision of the Mangystau Regional Court states.
In turn, FC 'Kaspiy' lodged a complaint with the Supreme Court, but the cassation panel ordered it returned, stating that the football club had missed the deadline for filing its petition.
Incidentally, the training camp in Turkey did not benefit the Aktau footballers. In 2023, FC 'Kaspiy' finished last in the Kazakhstan Championship standings and was relegated from the Kazakhstan Premier League.
Фонд-бюро расследования коррупции