CAS 2020 A 6717
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 reaffirms that FIFA's sanctioning system satisfies the principle of legality and predictability, and that the European Convention on Human Rights does not directly apply to FIFA disciplinary proceedings.
Summary
Clube Atlético Mineiro, a Brazilian football club, was ordered by a FIFA Players' Status Committee decision (confirmed by CAS in 2017) to pay EUR 830,000 plus interest to Udinese Calcio and CHF 30,000 fine to FIFA. Mineiro failed to pay. After warnings, the FIFA Disciplinary Committee (FIFA DC) imposed a CHF 30,000 fine and a final 90-day deadline, threatening a two-registration-period transfer ban if payment was not made. Mineiro appealed to CAS, arguing that the FIFA DC applied the wrong edition of the Disciplinary Code (2019 instead of 2017), that the transfer ban was disproportionate, and that the proceedings violated due process and EU competition law. The CAS Sole Arbitrator held that the FIFA DC correctly applied the 2017 Code, as the violation occurred before the 2019 Code entered into force. Under Article 64 of the 2017 Code, a transfer ban may be imposed as an alternative or in addition to point deduction or relegation; the FIFA DC has discretion. The sanctions were proportionate and predictable. The ECHR does not directly apply, and EU competition law arguments were unfounded. The appeal was dismissed, and the FIFA DC decision upheld.
The detail
Parties: Clube Atlético Mineiro v. FIFA
Case number: CAS 2020 A 6717
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision upheld.
Quantum: CHF 30,000 fine
Applicable law: FIFA Disciplinary Code (2017 edition), Swiss law
Issues in play: Whether the FIFA Disciplinary Committee correctly applied Article 64 of the FIFA Disciplinary Code (2017) and whether the sanctions (fine and potential transfer ban) were proportionate and lawful.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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