CAS 2016A4426 Ramon Castillo Segura v FIFA
CAS · Football (FIFA / CAS) · Switzerland · 26 Sept 2016
Why it matters
This case clarifies that standing to invoke Article 64 FDC is not limited to original parties; assignees who are (in)direct FIFA members with a protectable interest may also have standing. It also establishes that temporary loss of membership does not automatically defeat standing, especially when caused by FIFA's own regulatory changes. The decision reinforces CAS's de novo review power to remedy procedural deficiencies.
Summary
Ramon Castillo Segura, a licensed players' agent registered with the Spanish Football Federation (RFEF), sought enforcement of two FIFA decisions ordering Mexican club FC Puebla to pay debts to Montenegrin club FK Budocnost and Serbian club FK Rad. The claims had been assigned twice: first to Mr Angel Castillo, then to Mr Castillo Segura. When FC Puebla failed to pay, the intermediary requested the FIFA Disciplinary Committee to enforce under Article 64 FDC. FIFA's Disciplinary Committee declared the request inadmissible, reasoning that only the original creditors (the clubs) could invoke Article 64, and that the intermediary was not a licensed agent at the time of the decision. The intermediary appealed to CAS. The CAS panel held that Article 64 FDC does not restrict standing to original parties; any (in)direct FIFA member with a legitimate interest may request enforcement. Assignments are not per se prohibited and must be assessed case-by-case. The panel also found that the intermediary had standing because he was a licensed agent when he filed the request and had regained his license before the challenged decision. The temporary loss of license was irrelevant, especially since FIFA had unilaterally abandoned the licensing system. The panel set aside the FIFA decision and remanded the case for enforcement proceedings, ordering FIFA to consider the validity of the assignments.
The detail
Parties: CAS 2016A4426 Ramon Castillo Segura v FIFA
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 Mr Castillo Segura.
Applicable law: FIFA Disciplinary Code (FDC), particularly Article 64; Swiss Code of Obligations (SCO); 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 the effect of a temporary loss of FIFA membership on standing.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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