CAS 2018 A 5944
CAS · Football (FIFA / CAS) · Switzerland · 21 Oct 2019
Why it matters
This case confirms the strict enforcement mechanism under FIFA's Disciplinary Code for non-payment of debts. It clarifies that a pending criminal complaint against the creditor does not suspend the disciplinary process, as the disciplinary body cannot review the merits of the original decision. The ruling underscores the autonomy of FIFA's disciplinary proceedings and the limited grounds for suspending them, reinforcing the finality of FIFA decisions and the proportionality of sanctions like point deductions and relegation.
Summary
Bamboutos FC de Mbouda, a Cameroonian football club, was ordered by a FIFA single judge on 15 June 2016 to pay EUR 137,500 in salary arrears and EUR 16,746 in compensation to coach Johan Buyle. The club did not pay, so FIFA's Disciplinary Committee (DC) opened proceedings under Article 64 of the FIFA Disciplinary Code (CDF). On 15 March 2017, the DC imposed a fine of CHF 5,000, gave a final 30-day grace period, and warned that if the debt remained unpaid, the club could face a three-point deduction and possible relegation. The club still did not pay. On 12 April 2018, the DC issued a third decision, again giving a 30-day grace period and ordering automatic relegation if payment was not made. The club claimed it had not received proper notice and argued that a criminal fraud complaint it had filed against Buyle in Cameroon should suspend the disciplinary proceedings under the principle 'le criminel tient le civil en l'état' (criminal stays civil). The DC rejected this. After the grace period expired, the club's points were deducted and it was relegated. The club appealed to CAS, arguing that the appeal was timely and that the DC should have suspended proceedings pending the criminal case. CAS dismissed the appeal. It held that the appeal was inadmissible because it was not filed within the 21-day deadline and was sent to FIFA instead of CAS. Even if admissible, the DC's decision was correct: the disciplinary process under Article 64 CDF cannot review the merits of the underlying debt decision, so a criminal complaint about the same facts does not justify suspension. The CAS panel confirmed the legality and proportionality of the sanctions, noting that the club had multiple opportunities to pay. The award was rendered without costs except the CAS court office fee.
The detail
Parties: Bamboutos FC de Mbouda v. FIFA & John Buyle
Case number: CAS 2018 A 5944
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision of 12 April 2018 confirmed.
Applicable law: FIFA Disciplinary Code (CDF) art. 64; CAS Code of Sports-related Arbitration
Issues in play: The case involved the collision between a pending criminal fraud complaint in Cameroon and the FIFA disciplinary process for non-payment of a debt. The tribunal held that the criminal proceedings did not justify suspending the disciplinary process because the latter could not review the merits of the underlying debt decision.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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