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CAS 2019 A 6406 (CAS)

Why it matters

This case clarifies that automatic enforcement of a final and binding FIFA disciplinary decision (e.g., points deduction) does not create a new appealable decision each time. It reinforces the finality of FIFA Disciplinary Committee decisions and prevents debtors from circumventing sanctions by appealing enforcement steps. The ruling upholds the efficiency of FIFA's disciplinary system.

Summary

The Football Association of Penang (the Club) was ordered by a FIFA DRC judge to pay USD 90,000 to a player. The Club failed to pay within 30 days, so the FIFA Disciplinary Committee imposed a fine of CHF 10,000 and ordered an automatic 6-point deduction if payment was not made within a final 30-day deadline. The Club paid late, after the deadline. The FAM (Malaysian FA) deducted 6 points. The Club appealed a letter from FIFA's secretariat that reminded FAM to implement the deduction, arguing the letter was a new decision. The CAS Sole Arbitrator held that the letter was not a decision but an administrative reminder; the original disciplinary decision was final and binding because the Club did not request its grounds or appeal it. Therefore, the appeal was inadmissible. The Club was ordered to bear the arbitration costs.

The detail

Parties: Football Association of Penang v. FIFA

Case number: CAS 2019 A 6406

Outcome: The appeal was declared inadmissible; the Club bears the arbitration costs and each party bears its own legal fees.

Applicable law: FIFA Statutes (2018 edition), FIFA Disciplinary Code (2017 edition), CAS Code of Sports-related Arbitration (2019 edition)

Issues in play: The case concerned whether a letter from the FIFA Disciplinary Committee secretariat reminding a member association to automatically deduct points constituted an appealable 'decision' under CAS rules, or was merely an administrative communication.

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

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