CAS 2020 A 6719
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This case confirms the strict separation between the merits of a FIFA dispute and subsequent disciplinary proceedings for non-compliance. It reinforces that a player cannot challenge the underlying debt in a disciplinary appeal under Art. 64 FIFA Disciplinary Code, even if the contract allegedly violates foreign mandatory law. The CAS also clarified that Swiss public policy, not foreign law, governs the review of FIFA decisions.
Summary
Mahamadou Habib Habibou, a professional footballer, signed an exclusive agency contract with agent Patrick De Koster in 2012. The contract gave the agent 20% of signing bonuses and salary. In 2014, without the agent's involvement, Habibou signed with KAA Gent. The agent filed a claim with the FIFA Dispute Resolution Chamber (DRC), which in 2016 ordered Habibou to pay EUR 306,000 plus interest and CHF 5,000 costs. Habibou paid only EUR 15,000. In 2019, the FIFA Disciplinary Committee found him in violation of Art. 64 of the FIFA Disciplinary Code for failing to comply with the DRC decision. It imposed a CHF 1,000 fine and a final grace period of 30 days, after which the agent could request a 6-month ban from all football-related activity. Habibou appealed to the CAS, arguing that the underlying agency contract was void under the Flemish Decree on Private Placement, which prohibits exclusivity clauses and is a matter of public order. He claimed the disciplinary sanction should be annulled or reduced. The CAS dismissed the appeal. It held that in disciplinary proceedings under Art. 64, the only issue is whether the party complied with the final and binding decision. The merits of the DRC decision cannot be re-litigated. The CAS also noted that even if foreign mandatory law were relevant, Swiss public policy (the lex arbitri) would apply, and there was no violation of Swiss public policy. The CAS rejected the request to suspend proceedings pending a Belgian court decision, as the disciplinary process had already concluded. The CAS ordered Habibou to bear the arbitration costs and no contribution to legal fees.
The detail
Parties: Mahamadou Habib Habibou v. FIFA
Case number: CAS 2020 A 6719
Outcome: Appeal dismissed; CAS upheld FIFA Disciplinary Committee decision imposing a fine and threat of 6-month ban for non-payment of debt.
Quantum: CHF 1,000 fine; underlying debt EUR 306,000 plus interest
Applicable law: FIFA Disciplinary Code (Art. 64); Swiss law as lex arbitri; CAS Code of Sports-related Arbitration
Issues in play: The player argued that the underlying agent contract was void under Flemish public order (Decree on Private Placement), which should nullify the disciplinary sanction. The CAS held that the disciplinary proceeding could not review the final and binding FIFA DRC decision on the merits.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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