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CAS 2019 A 6489 (CAS)

Why it matters

This case is a landmark in sports arbitration for its detailed examination of the FIFA Code of Ethics and the principle of legality. It clarifies the application of temporal rules in ethics codes, particularly the prohibition on retroactive application of harsher penalties. The award also underscores the high standard of proof required in corruption cases and the weight given to criminal convictions in parallel proceedings.

Summary

Juan Angel Napout, a former FIFA Vice-President and President of CONMEBOL, was convicted in US federal court for racketeering and wire fraud conspiracy related to bribes from sports marketing companies for media rights to Copa Libertadores and Copa América tournaments. Based on these criminal proceedings, the FIFA Ethics Committee investigated and found Napout violated Article 27 of the 2018 FIFA Code of Ethics (bribery and corruption), imposing a lifetime ban and CHF 1,000,000 fine. Napout appealed to CAS, arguing that the 2018 FCE was applied retroactively to events from 2012-2015, violating the principle of nulla poena sine lege praevia, and that the sanction was disproportionate. The CAS Panel, applying Swiss law and CAS jurisprudence, held that the 2018 FCE was correctly applied because it was in force at the time of the decision and was not more severe than the 2012 FCE in substance. The Panel found that the evidence, including witness testimony and documentary records, clearly established Napout's acceptance of bribes totaling over USD 2 million. The Panel also rejected the proportionality argument, noting the gravity of the offenses and Napout's high-ranking positions. The award was rendered on 18 January 2021, upholding the FIFA decision.

The detail

Parties: Juan Angel Napout v. FIFA

Case number: CAS 2019 A 6489

Outcome: CAS upheld the FIFA Ethics Committee's decision, imposing a lifetime ban from football-related activities and a fine of CHF 1,000,000 on Mr. Napout.

Quantum: CHF 1,000,000

Applicable law: FIFA Code of Ethics (2018 edition), Swiss law

Issues in play: The case involved the application of the FIFA Code of Ethics (2018) versus earlier versions (2009, 2012) and the principle of nulla poena sine lege praevia (no penalty without prior law). The Panel had to determine whether the 2018 FCE could be applied retroactively to events from 2012-2015.

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

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