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CAS 2019/A/6278 Cruzeiro EC v. FIFA (CAS)

Why it matters

This award confirms the FIFA Disciplinary Committee's broad discretion to impose cumulative sanctions (fine, points deduction, transfer ban) for non-compliance with a final and binding decision, and reaffirms that financial difficulties do not excuse non-payment. It also upholds the legality and proportionality of the FIFA enforcement system, which is regularly challenged by clubs.

Summary

Cruzeiro EC, a Brazilian football club, was ordered by the FIFA Dispute Resolution Chamber (DRC) to pay USD 100,439.43 to Argentinian club IAC Cordoba as solidarity mechanism. Cruzeiro failed to pay, so the case was referred to the FIFA Disciplinary Committee (FDC). The FDC found Cruzeiro guilty under art. 64 FDC for non-compliance and imposed a CHF 15,000 fine, a 30-day final deadline to pay, and threatened a six-point deduction and a one-year transfer ban if payment was not made. Cruzeiro appealed to CAS, arguing that the FDC decision lacked proper reasoning, violated the principle of proportionality, and that multiple sanctions for the same breach breached ne bis in idem. The Sole Arbitrator dismissed the appeal, holding that the FDC acted within its discretion, the sanctions were proportionate and in line with longstanding practice, and that cumulative sanctions are permissible under art. 64 FDC. The award emphasizes that clubs cannot rely on financial difficulties to avoid sanctions and that the FIFA enforcement system is lawful.

The detail

Parties: CAS 2019/A/6278 Cruzeiro EC v. FIFA

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision upheld.

Applicable law: FIFA Disciplinary Code (FDC), particularly art. 64; CAS Code of Sports-related Arbitration; Swiss law

Issues in play: The case involved the principle of proportionality in disciplinary sanctions and the legality of multiple sanctions (fine, points deduction, transfer ban) for the same breach, as well as the requirement of predictability and legal basis for sanctions under the FDC.

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

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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