CAS 2019 A 6309
CAS · Football (FIFA / CAS) · Switzerland · 26 Jun 2020
Why it matters
This case clarifies the relationship between FIFA's disciplinary powers and national insolvency laws. The CAS panel held that the Argentine bankruptcy court's exclusive jurisdiction does not extend to disciplinary proceedings under FIFA's regulatory framework, especially where the debt arose after the club entered the special administration regime. It reinforces the primacy of FIFA's disciplinary system in enforcing its decisions and CAS awards, even when a club is under national insolvency protection.
Summary
Newell's Old Boys, an Argentine football club, was placed under a special administration regime (Ley 25.284) in 2009 due to financial difficulties. In 2013, it transferred player Ignacio Scocco to Al Ain FC but delayed payment of the transfer fee, triggering a penalty clause. Al Ain obtained a FIFA Players' Status Committee decision ordering Newell's to pay EUR 200,000, which was confirmed by a CAS award in 2016. Newell's failed to pay, leading FIFA's Disciplinary Committee to open proceedings under Article 64 of the FIFA Disciplinary Code for non-compliance with a CAS award. In March 2019, the Committee imposed a CHF 15,000 fine and threatened a 6-point deduction and possible relegation if payment was not made. Newell's appealed to CAS, arguing that the Argentine bankruptcy court had exclusive jurisdiction (fuero de atracción) under Law 25.284, which should suspend the disciplinary process. The CAS panel rejected this argument, finding that the fuero de atracción only applies to actions that affect the consolidation of the club's liabilities, not to disciplinary proceedings that enforce regulatory compliance. The panel noted that Newell's had previously accepted FIFA's jurisdiction in the underlying dispute and that the disciplinary process was separate from the debt collection. The CAS award upheld the FIFA Disciplinary Committee's decision, confirming that FIFA's disciplinary system operates independently of national insolvency laws.
The detail
Parties: Club Atlético Newell's Old Boys v. FIFA
Case number: CAS 2019 A 6309
Outcome: The FIFA Disciplinary Committee's decision was upheld: Newell's was found to have infringed Article 64 of the FIFA Disciplinary Code for failing to comply with a CAS award, fined CHF 15,000, and given a final deadline to pay the debt; failure would result in a 6-point deduction and possible relegation.
Quantum: CHF 15,000 fine
Applicable law: FIFA Disciplinary Code (Article 64), CAS Code of Sports-related Arbitration, Argentine Law 25.284 (Ley de Salvataje), Argentine Bankruptcy Law 24.522
Issues in play: The collision was between FIFA's disciplinary jurisdiction to enforce CAS awards and the Argentine bankruptcy court's exclusive jurisdiction (fuero de atracción) under Law 25.284, which Newell's argued should stay the disciplinary proceedings.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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