CAS 2020 A 6755
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case reaffirms FIFA's disciplinary framework for enforcing compliance with CAS awards, particularly the use of indefinite transfer bans until full payment. It underscores that financial hardship or repeated offending does not justify leniency, and that the ban is proportionate given the need to deter persistent non-compliance. The decision also highlights the limited discretion of CAS to reduce sanctions under the FDC.
Summary
Cruzeiro Esporte Clube, a Brazilian football club, failed to pay EUR 975,000 plus interest to Ukrainian club FC Zarya Luhansk as ordered by a FIFA Players' Status Committee decision, later confirmed by a CAS award in August 2019. FC Zarya requested FIFA's Disciplinary Committee to act. On 7 November 2019, the FIFA Disciplinary Committee found Cruzeiro guilty under Article 15 of the FIFA Disciplinary Code (FDC) 2019 for non-compliance. It imposed a CHF 30,000 fine, ordered payment of the debt and CHF 15,000 in costs, and granted a 30-day grace period. If payment was not made, a transfer ban would automatically apply until full payment. Cruzeiro appealed to CAS, arguing the sanction was disproportionate, violated fundamental rights (legality, predictability, proportionality), and that the transfer ban was limitless and would ruin the club. Cruzeiro claimed financial hardship due to Brazil's economic crisis, relegation, and COVID-19. FIFA countered that Cruzeiro was a repeat offender (nine prior similar violations), had spent significant sums on new transfers while ignoring the debt, and that the transfer ban was the most effective deterrent. The Sole Arbitrator, Anna Bordiugova, dismissed Cruzeiro's appeal. She held that the conditions for Article 15 were met, the sanctions had a legal basis, and were proportionate. The indefinite transfer ban was not grossly disproportionate because it could be lifted upon payment, and Cruzeiro's repeated non-compliance and bad faith (failing to disclose prior sanctions) justified the measure. The CAS award confirmed the FIFA Disciplinary Committee's decision in full, with costs borne by Cruzeiro.
The detail
Parties: Cruzeiro Esporte Clube v. FIFA
Case number: CAS 2020 A 6755
Outcome: Cruzeiro's appeal dismissed; FIFA Disciplinary Committee's decision confirmed: Cruzeiro found guilty of failing to comply with a CAS award, fined CHF 30,000, and ordered to pay outstanding debt (EUR 975,000 plus interest) to FC Zarya Luhansk and CHF 15,000 to FIFA, with a transfer ban until full payment.
Quantum: CHF 30,000 fine; EUR 975,000 plus interest debt; CHF 15,000 costs
Applicable law: FIFA Disciplinary Code (FDC) 2019, Article 15; CAS Code of Sports-related Arbitration
Issues in play: The principle of pacta sunt servanda (sanctions for non-compliance with CAS awards) versus Cruzeiro's arguments of disproportionality and violation of fundamental rights (e.g., legality, predictability, proportionality).
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.