CAS 2018 A 5597
CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019
Why it matters
This case underscores the strict procedural deadlines under FIFA rules: a party that fails to request the full reasoning of a DRC decision within 10 days loses its right to appeal, and the decision becomes final and binding. It also confirms that the FIFA Disciplinary Committee and CAS cannot review the merits of the underlying dispute when enforcing a final decision under Article 64 of the FIFA Disciplinary Code. The case illustrates the consequences of procedural negligence and the importance of proper service and communication with FIFA bodies.
Summary
The case arose from a dispute between Venezuelan club Estudiantes de Mérida FC and Argentine player Imanol Iriberri over unpaid salaries and airfare. The player claimed the club owed USD 88,000 for seven months' salary and return tickets. The club argued it had paid in Venezuelan bolivars via cheques. The FIFA DRC, after the club failed to respond initially, issued a decision on 28 January 2016 ordering the club to pay USD 86,400. The club received the operative part on 11 February 2016 but did not request the full reasoning within the 10-day deadline. The club later claimed it had sent an email to the Venezuelan Football Federation (FVF) on 12 February 2016 requesting the reasoning, but FIFA stated it never received a proper request. Consequently, the DRC decision became final and binding. The player then sought enforcement, leading to proceedings before the FIFA Disciplinary Committee, which on 6 December 2017 found the club in violation of Article 64 of the FIFA Disciplinary Code, imposed a CHF 10,000 fine, and granted a final 30-day deadline to pay, with threats of a six-point deduction and possible relegation. The club appealed to CAS, arguing that the DRC decision was void due to lack of proper notification and that it had already paid the player. CAS dismissed the appeal, holding that the club failed to prove it had timely requested the full reasoning from FIFA, and that the DRC decision was final. CAS also confirmed that the Disciplinary Committee and CAS could not review the merits of the underlying debt; their role was limited to enforcing the final decision. The club's alternative argument that the sanction was disproportionate was also rejected.
The detail
Parties: Estudiantes de Merida v. FIFA
Case number: CAS 2018 A 5597
Outcome: CAS dismissed the appeal and upheld the FIFA Disciplinary Committee's decision imposing a CHF 10,000 fine and a final deadline to pay USD 86,400 to the player, with threat of points deduction and relegation.
Quantum: CHF 10,000 fine; USD 86,400 owed to player
Applicable law: FIFA Disciplinary Code (art. 64); FIFA Regulations on the Status and Transfer of Players; CAS Code of Sports-related Arbitration
Issues in play: The case involved the finality of a FIFA DRC decision when the full reasoning was not timely requested, and the scope of review by the FIFA Disciplinary Committee and CAS, which cannot re-examine the merits of the underlying debt.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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