CAS 2019 A 6268
CAS · Football (FIFA / CAS) · Switzerland · 27 Feb 2020
Why it matters
This case reaffirms the broad discretion of FIFA's Disciplinary Committee in imposing sanctions under Article 64 FDC for non-compliance with CAS awards. It clarifies that CAS will not second-guess the proportionality of fines and point deductions unless they are manifestly disproportionate, and that clubs cannot rely on unsubstantiated claims of financial hardship to avoid sanctions. The decision also underscores that FIFA's non-publication of disciplinary decisions does not per se violate due process if the sanctions are foreseeable from published CAS awards.
Summary
Clube Atlético Mineiro (the Club) failed to pay EUR 1,350,000 plus interest to Udinese Calcio as ordered by a FIFA Players' Status Committee decision, which was later confirmed by a CAS award. FIFA's Disciplinary Committee then imposed a CHF 30,000 fine and a final 90-day deadline, with automatic deduction of 6 points if not paid, and potential relegation if still non-compliant. The Club appealed to CAS, arguing that the sanctions were disproportionate, that FIFA's failure to publish its disciplinary decisions violated transparency and fair trial rights, and that the Club faced financial difficulties. The Sole Arbitrator dismissed the appeal, finding that the Club could reasonably anticipate the sanctions based on prior CAS awards involving the Club itself and other clubs. The fine of CHF 30,000 and 6-point deduction were consistent with FIFA's practice for similar outstanding amounts (around 2% of the debt). The Club's financial hardship argument was rejected due to lack of evidence and because the Club had engaged in significant player transfers. The award confirms that CAS will uphold FIFA disciplinary sanctions unless they are clearly disproportionate or procedurally flawed.
The detail
Parties: Clube Atlético Mineiro v. FIFA
Case number: CAS 2019 A 6268
Outcome: The appeal was dismissed; the FIFA Disciplinary Committee's decision imposing a CHF 30,000 fine and a potential 6-point deduction was upheld.
Quantum: CHF 30,000 fine
Applicable law: FIFA Disciplinary Code (FDC), particularly Article 64; Swiss Private International Law Act (PILA); CAS Code of Sports-related Arbitration
Issues in play: The case involved the principle of proportionality in disciplinary sanctions versus FIFA's need to enforce compliance with final and binding decisions. The Club argued that the sanctions were disproportionate and violated transparency and fair trial rights, but the Sole Arbitrator found the sanctions consistent with FIFA's established practice.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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