CAS 2018 A 6287
CAS · Football (FIFA / CAS) · Switzerland · 26 Jun 2020
Why it matters
This case reaffirms the strict enforcement mechanism under Article 64 of the FIFA Disciplinary Code, which allows FIFA to impose escalating sanctions (fine, points deduction, relegation) for non-compliance with CAS awards. It clarifies that the test for proportionality is whether the sanction is 'evidently and grossly disproportionate,' not whether it aligns with past practice. The decision also underscores that ongoing bankruptcy proceedings involving a third party do not excuse non-payment.
Summary
Cruzeiro Esporte Clube, a Brazilian football club, was ordered by a FIFA Players' Status Committee decision (confirmed by CAS in 2018) to pay EUR 487,500 plus interest and costs to FC Zorya Luhansk. Cruzeiro failed to pay, leading FIFA's Disciplinary Committee to impose a CHF 25,000 fine and threaten a 6-point deduction if payment was not made within 60 days. Cruzeiro appealed to CAS, arguing that the sanctions were disproportionate, that FIFA's lack of published decisions violated transparency, and that ongoing bankruptcy proceedings in Ukraine should suspend the disciplinary process. The CAS Sole Arbitrator dismissed the appeal, holding that the sanctions were not grossly disproportionate, that FIFA's practice was not the decisive test, and that the bankruptcy proceedings were irrelevant as the third party was not involved in the dispute. The award confirmed FIFA's power to enforce its decisions through escalating sanctions, emphasizing deterrence and compliance.
The detail
Parties: Cruzeiro Esporte Clube v. FIFA
Case number: CAS 2018 A 6287
Outcome: Cruzeiro's appeal dismissed; FIFA Disciplinary Committee's decision confirmed.
Quantum: CHF 25,000 fine; potential 6-point deduction if non-payment persists
Applicable law: FIFA Disciplinary Code (Article 64), CAS Code of Sports-related Arbitration
Issues in play: The case involved the enforcement of a CAS award under FIFA's disciplinary framework, balancing the club's obligation to pay against its arguments of proportionality and lack of transparency in FIFA's sanctioning practice.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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