CAS 2020 A 6714
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case confirms that CAS will defer to FIFA disciplinary sanctions unless they are evidently and grossly disproportionate. It also clarifies that FIFA Circular 1628, while not a regulation, can be used to interpret the FIFA Disciplinary Code, and that financial difficulties do not excuse non-compliance with payment obligations. The award reinforces the predictability of sanctions under Article 64 of the FIFA Disciplinary Code.
Summary
Clube Atlético Mineiro (Mineiro) was ordered by a FIFA Players' Status Committee decision in 2016 to pay EUR 571,764 plus interest and costs to Udinese Calcio and fines to FIFA. Mineiro appealed to CAS, which confirmed the decision in 2017. Mineiro failed to pay, leading to FIFA disciplinary proceedings. The FIFA Disciplinary Committee found Mineiro in breach of Article 64 of the FIFA Disciplinary Code for non-compliance, imposed a CHF 20,000 fine, and ordered a two-registration-period transfer ban if payment was not made within 60 days. Mineiro appealed to CAS, arguing that the 2019 Disciplinary Code (which came into force after the breach) should not apply retroactively, and that the transfer ban was disproportionate. The Sole Arbitrator held that the 2017 Code applied, but that under both codes a transfer ban was a permissible sanction. The arbitrator found that the ban was not grossly disproportionate given the long delay and high amount, and that financial difficulties were no excuse. The appeal was dismissed.
The detail
Parties: Clube Atlético Mineiro v. FIFA
Case number: CAS 2020 A 6714
Outcome: Appeal dismissed; FIFA Disciplinary Committee's decision upheld.
Applicable law: FIFA Disciplinary Code (2017 edition), Swiss law, CAS Code of Sports-related Arbitration
Issues in play: The case involved the principle of non-retroactivity of disciplinary sanctions (whether the 2019 or 2017 FIFA Disciplinary Code applied) and the principle of proportionality of sanctions.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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