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CAS 2016/A/4426 (CAS)

Why it matters

This award clarifies the standing requirements for invoking Article 64 FDC, establishing that any (in)direct member of FIFA with a protectable interest may request enforcement, not just the original creditor. It also confirms that assignments are not per se prohibited and must be assessed case-by-case. The decision prevents FIFA from using temporary membership loss to bar enforcement requests, ensuring continuity of rights.

Summary

Ramon Castillo Segura, a players' agent registered with the Spanish federation (RFEF), acquired assigned claims from two clubs against Mexican club FC Puebla. He requested FIFA's Disciplinary Committee to enforce the debts under Article 64 FDC. FIFA declared his request inadmissible because he was not the original creditor and had temporarily lost his agent license. On appeal, CAS held that Article 64 FDC does not restrict standing to original creditors; any (in)direct FIFA member with a protectable interest may invoke it. Assignments are valid unless prohibited, and must be assessed individually. The panel also ruled that standing is determined at the time of filing, and temporary loss of membership does not automatically revoke standing, especially when FIFA itself abandoned the licensing system. The case was remitted to FIFA for enforcement proceedings.

The detail

Parties: Ramon Castillo Segura v FIFA

Case number: CAS 2016/A/4426

Outcome: Appeal partially upheld; FIFA Disciplinary Committee's decision set aside; case remitted to FIFA Disciplinary Committee to conduct enforcement proceedings under Article 64 FDC in favour of the appellant.

Applicable law: FIFA Disciplinary Code (FDC), Swiss Code of Obligations, CAS Code of Sports-related Arbitration

Issues in play: The case involved the interpretation of Article 64 FDC regarding who has standing to request enforcement of FIFA decisions, and whether assignments of claims are permissible. Also at issue was whether a temporary loss of FIFA membership (players' agent license) affects standing.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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