CAS 2012A2740 Marcelo Carracedo v FIFA
CAS · Football (FIFA / CAS) · Switzerland · 18 Apr 2013
Why it matters
This award clarifies that a party who fails to appeal a decision in time cannot later challenge it on procedural grounds in subsequent enforcement proceedings. It also confirms that a complementary ban on football activity for non-payment of a reasonable fine is proportionate, especially when the agent has the financial means to pay. The case reinforces the finality of FIFA decisions and the limited scope of review in disciplinary appeals.
Summary
Marcelo Carracedo, an Argentine players' agent, was fined CHF 30,000 by the FIFA Players' Status Committee (PSC) in August 2010 for double representation in a player transfer. Carracedo did not appeal that decision, which became final. When he failed to pay, the FIFA Disciplinary Committee (DC) opened proceedings and imposed a further CHF 5,000 fine and a complementary sanction: a ban from all football-related activity if the total debt (CHF 35,000) was not paid within 30 days. Carracedo appealed to the CAS, arguing that his right to be heard was violated in the PSC proceedings and that the complementary ban was disproportionate. The CAS Sole Arbitrator dismissed the appeal. He held that Carracedo had not appealed the PSC decision in time, so it was final and binding; he could not now challenge it. The DC proceedings respected his right to be heard. The complementary ban was proportionate because it only applied if Carracedo failed to pay a reasonable fine, and he had the financial capacity to pay (having been due a USD 900,000 fee in the transfer). The CAS confirmed the DC decision, ordering Carracedo to pay CHF 35,000 within 30 days or face an automatic ban.
The detail
Parties: CAS 2012A2740 Marcelo Carracedo v FIFA
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed. Carracedo must pay CHF 5,000 fine and CHF 30,000 debt within 30 days, failing which a ban from all football-related activity applies automatically.
Quantum: CHF 35,000 (CHF 5,000 fine + CHF 30,000 debt)
Applicable law: FIFA Disciplinary Code (CDF), FIFA Regulations on Players' Agents, CAS Code of Sports-related Arbitration
Issues in play: The case involved the right to be heard in disciplinary proceedings and the proportionality of a complementary sanction (ban on football activity) for non-payment of a fine. The appellant argued his right to be heard was violated in earlier proceedings, but the tribunal held that the earlier decision was final and binding because it was not appealed.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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