CAS 2019 A 6661
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case confirms that FIFA's disciplinary sanctions, including transfer bans, are predictable and lawful under the principle of nulla poena sine lege. It clarifies that the exact sanction need not be known in advance, as long as the rules describe the infringement and provide for a range of sanctions. The decision reinforces FIFA's enforcement system and the CAS's deference to FIFA's discretion unless the sanction is grossly disproportionate.
Summary
Coritiba FC, a Brazilian football club, was ordered by the FIFA Players' Status Committee to pay BRL 1,250,000 plus interest to FC Dynamo Kiev. Coritiba failed to pay, leading to disciplinary proceedings. The FIFA Disciplinary Committee found Coritiba guilty under Article 64 of the 2017 FIFA Disciplinary Code (FDC) for non-compliance with a financial decision. It imposed a fine of CHF 20,000, granted a final 30-day deadline to pay, and ordered a transfer ban if payment was not made. Coritiba appealed to the CAS, arguing that the sanctions (especially the transfer ban) were based on the 2019 FDC, which should not apply retroactively, and that the sanctions were disproportionate. The CAS Sole Arbitrator held that the 2017 FDC applied to the merits, but the transfer ban was permissible under both codes. The arbitrator found that the sanctions were predictable and proportionate, noting that the FIFA DC has discretion to impose a transfer ban as a means to enforce compliance. The appeal was dismissed, and the Appealed Decision was upheld.
The detail
Parties: Coritiba FC v. FIFA
Case number: CAS 2019 A 6661
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision upheld: Coritiba FC found guilty of failing to comply with a FIFA decision, fined CHF 20,000, granted 30 days to pay debt, and subject to a transfer ban if not paid.
Quantum: CHF 20,000 fine
Applicable law: FIFA Disciplinary Code (2017 edition for merits, 2019 edition for procedure); Swiss law
Issues in play: The case involved the principle of nulla poena sine lege (no penalty without law) and the predictability of sanctions under FIFA's disciplinary framework. The appellant argued that the transfer ban was based on the 2019 FDC, which should not apply retroactively, while FIFA contended the sanctions were within its discretion.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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