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CAS 2019 A 6276 (CAS)

Why it matters

This case reaffirms CAS's deferential standard of review for FIFA disciplinary sanctions: a sanction will only be overturned if it is 'evidently and grossly disproportionate' to the offence. It also illustrates the consequences of non-compliance with FIFA DRC decisions, including automatic points deduction and transfer bans, and shows CAS's willingness to uphold such measures even against financially struggling clubs.

Summary

Eskisehir Kulübü Dernegi (the Club) was ordered by the FIFA Dispute Resolution Chamber (DRC) to pay player Ruud Boffin EUR 410,000 plus interest. The Club did not pay, so FIFA's Disciplinary Committee (DC) imposed a fine of CHF 20,000 and warned of further sanctions: a six-point deduction, a two-season transfer ban, and possible relegation if payment was not made within 60 days. The Club appealed to CAS, arguing the sanctions were disproportionate. The Sole Arbitrator applied CAS precedent that disciplinary sanctions can only be reviewed if 'evidently and grossly disproportionate'. He found the fine was only 4.5% of the debt, consistent with other FIFA DC decisions, and not excessive. The Club provided no evidence of financial hardship. The potential sporting sanctions were also deemed proportionate given the Club's repeated non-compliance (14 prior Article 64 violations). The appeal was dismissed, and the Club was ordered to pay CHF 3,500 towards Boffin's legal costs.

The detail

Parties: Eskisehir Kulübü Dernegi v. Ruud Boffin & FIFA

Case number: CAS 2019 A 6276

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Appellant ordered to pay CHF 3,500 to First Respondent for legal costs.

Quantum: CHF 3,500

Applicable law: FIFA Disciplinary Code (FDC), FIFA Statutes, Swiss law subsidiarily

Issues in play: The principle of proportionality in disciplinary sanctions under Article 64 FDC versus the club's argument that the fine and potential points deduction were disproportionate.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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