CAS 2019 A 6092
CAS · Football (FIFA / CAS) · Switzerland · 27 Feb 2020
Why it matters
This case clarifies that under Swiss law, an express act of waiver is required to extinguish an interest obligation; mere acceptance of principal payment without reservation does not imply waiver. It also underscores that a debtor's passive expectation of debt extinguishment is insufficient, and that FIFA's delay in providing reasons does not automatically prejudice the debtor if the debtor failed to request them promptly.
Summary
In 2011, the FIFA Dispute Resolution Chamber (DRC) ordered Estudiantes de la Plata and player Gaston Fernandez to pay USD 800,000 to Tigres, plus 5% annual interest if unpaid after 30 days. The CAS confirmed this in 2012. Due to Argentine currency controls, the principal was paid in three installments between April and June 2014. Tigres confirmed receipt in October 2014 but noted interest was unpaid, requesting disciplinary action. The FIFA Disciplinary Committee found the appellants guilty of non-compliance under Article 64 of the FIFA Disciplinary Code, ordering payment of USD 94,699.55 in interest and a CHF 10,000 fine. The appellants appealed to CAS, arguing that Tigres' acceptance of principal without reservation extinguished the interest under Swiss Code of Obligations Articles 69, 86, 89, and 160, and that FIFA's two-year delay in issuing reasoned reasons violated due process. The Sole Arbitrator rejected these arguments, holding that Swiss law requires an express waiver of interest, which Tigres never gave; the three-month gap between payment and Tigres' claim did not imply waiver. The presumption under Article 89 (receipt of principal presumes interest paid) was rebutted by Tigres' subsequent demand. The delay in reasons did not prejudice the appellants as they failed to request them. The appeal was dismissed, and the disciplinary decision upheld.
The detail
Parties: C.A. Estudiantes de la Plata & Gaston Nicolas Fernandez v. FIFA
Case number: CAS 2019 A 6092
Outcome: Appeal dismissed; Appellants ordered to pay interest of USD 94,699.55 to Tigres and a CHF 10,000 fine.
Quantum: USD 94,699.55 (interest) + CHF 10,000 fine
Applicable law: FIFA Disciplinary Code (Art. 64), Swiss Code of Obligations (Art. 69, 86, 89, 102, 160), CAS Code of Sports-related Arbitration
Issues in play: Whether acceptance of principal payment without reservation extinguished the interest obligation under Swiss law, and whether FIFA's delay in issuing reasoned decision violated due process.
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