CAS 2020 A 6716
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case clarifies the scope of FIFA's disciplinary powers under Article 64 of the FIFA Disciplinary Code, confirming that a transfer ban may be imposed as a standalone sanction or in combination with other sanctions. It also affirms that the principle of legality is satisfied if the rules describe the infringement and provide for the kind of sanction, even if the exact measure is not predetermined. The decision reinforces FIFA's enforcement mechanism for ensuring compliance with its decisions.
Summary
Clube Atlético Mineiro, a Brazilian football club, failed to pay EUR 571,764 plus interest to Udinese Calcio as ordered by a FIFA Players' Status Committee decision in 2016. After Mineiro's appeal to CAS was withdrawn, the decision became final. Despite multiple warnings, Mineiro did not pay. The FIFA Disciplinary Committee found Mineiro in breach of Article 64 of the FIFA Disciplinary Code and imposed a CHF 25,000 fine, a 60-day final deadline to pay, and an automatic two-registration-period transfer ban if payment was not made. Mineiro appealed to CAS, arguing that the sanctions violated principles of legality, proportionality, and due process, and that the transfer ban could only be imposed in addition to a points deduction or relegation, not as a standalone sanction. The Sole Arbitrator rejected these arguments, holding that Article 64 allows the FIFA Disciplinary Committee discretion to impose a transfer ban alone or with other sanctions. The arbitrator also found that the sanctions were proportionate and that Mineiro could foresee the consequences. The appeal was dismissed, and the FIFA decision upheld.
The detail
Parties: Clube Atlético Mineiro v. FIFA
Case number: CAS 2020 A 6716
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision upheld. Mineiro fined CHF 25,000 and granted 60 days to pay debt; if not paid, a two registration period transfer ban automatically applies.
Quantum: CHF 25,000 fine; underlying debt EUR 571,764 plus interest and costs
Applicable law: FIFA Disciplinary Code (2017 edition), FIFA Statutes, Swiss law
Issues in play: The case involved the interpretation of Article 64 of the FIFA Disciplinary Code regarding sanctions for non-compliance with a FIFA decision, and the principles of legality, proportionality, and due process under Swiss law and the ECHR.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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