CAS 2019 A 6436
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case clarifies the standard for what constitutes a 'decision' by a sports federation for res judicata purposes, even if not in strict formal compliance. It reinforces that a communication intended to produce legal effects and based on animus decidendi can be a final decision, barring relitigation. The ruling also underscores the importance of legal certainty for all parties.
Summary
Nathan Joel Burns, an Australian footballer, obtained a FIFA DRC decision in 2013 ordering AEK FC (old club) to pay him EUR 150,000. The old club was dissolved and disaffiliated. A new entity, AEK Athens FC, began competing. Burns sought enforcement against the new club. FIFA initially declined, then opened disciplinary proceedings in 2019 but closed them, citing res judicata based on a 2016 letter. Burns appealed to CAS, arguing denial of justice and that no formal decision had been made. The Sole Arbitrator held that the 2016 letter was a formal decision because it was a unilateral act intended to produce legal effects and based on animus decidendi. Therefore, res judicata applied, and FIFA was not required to reopen the matter. The appeal was dismissed.
The detail
Parties: Nathan Joel Burns v. FIFA & AEK Athens FC
Case number: CAS 2019 A 6436
Outcome: Appeal dismissed; FIFA Disciplinary Committee decisions confirmed; Appellant ordered to pay CHF 4,000 to AEK Athens FC.
Applicable law: FIFA Disciplinary Code (2019 ed.), CAS Code of Sports-related Arbitration
Issues in play: Whether FIFA's refusal to reopen disciplinary proceedings constituted a denial of justice; whether the principle of res judicata applied to a 2016 FIFA letter that the Sole Arbitrator deemed a formal decision.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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