CAS 2018 A 5889
CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019
Why it matters
This case clarifies the standard of proportionality review for sanctions imposed under Article 64 FDC, including fines, points deductions, and transfer bans. The CAS Panel confirmed that the test is whether the sanction is disproportionate, not whether a lesser sanction would suffice. It also highlighted that a club's financial activities (e.g., signing new players while owing debts) can be an aggravating factor.
Summary
Al Jazira Football Sport Company (the Club) failed to pay EUR 600,000 in outstanding remuneration to player Luiz Fernando Pereira da Silva, as ordered by the FIFA Dispute Resolution Chamber (DRC) on 9 February 2017. The Club appealed that decision to CAS but later terminated the proceedings. The player informed FIFA that no payment was made. The FIFA Disciplinary Committee then opened proceedings under Article 64 of the FIFA Disciplinary Code (FDC), which sanctions non-compliance with final and binding FIFA decisions. On 13 July 2018, the Committee imposed a fine of CHF 25,000, a final deadline of 60 days to pay, and warned that non-payment would result in automatic deduction of 6 points and a two-registration-period transfer ban. The Club appealed to CAS, arguing that the sanctions were disproportionate and that the Committee failed to consider the Club's other pending debts and financial difficulties. The CAS Panel held a hearing on 6 February 2019. The Panel found that the Club had prioritized signing new players over paying the player, as evidenced by transfer income and expenditures. The Panel applied a de novo review and concluded that the fine (3.6% of the debt) was not disproportionate, citing CAS 2018/A/5663. The Panel also found the 6-point deduction and two-period transfer ban proportionate, noting that the Club could avoid them by paying. The appeal was dismissed, and the FIFA decision confirmed. The award was rendered without costs, each party bearing its own legal fees.
The detail
Parties: Al Jazira Football Sport Company v. FIFA
Case number: CAS 2018 A 5889
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed.
Applicable law: FIFA Disciplinary Code (FDC), Article 64; CAS Code of Sports-related Arbitration
Issues in play: The proportionality of sanctions under Article 64 FDC for non-compliance with a FIFA DRC decision was at issue. The Club argued the sanctions were disproportionate, while FIFA maintained they were appropriate.
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.