CAS 2020 A 6846
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This award clarifies the criteria for sporting succession under FIFA regulations and CAS jurisprudence, emphasizing that a club's identity transcends its managing entity. It also underscores the duty of players to actively participate in national insolvency proceedings to preserve their rights, otherwise they may lose the ability to enforce FIFA decisions against a successor club.
Summary
Dimitar Makriev, a Bulgarian footballer, signed a contract with PMFC-SPORT, the managing company of Hungarian club Pécsi MFC, in January 2015. After the club was relegated and PMFC-SPORT faced financial difficulties, Makriev terminated the contract for non-payment and obtained a FIFA DRC decision in October 2015 ordering Pécsi MFC (PMFC-SPORT) to pay EUR 27,000. The club did not pay, leading to disciplinary proceedings. Meanwhile, PMFC-SPORT entered liquidation, and a new company, PSN ZRT, began managing Pécsi MFC. The FIFA Disciplinary Committee initially closed the case but reopened it. In November 2019, the Deputy Chairman dismissed charges against the club managed by PSN ZRT, finding that while it was the sporting successor of the original club, Makriev had failed to participate in the Hungarian bankruptcy proceedings of PMFC-SPORT, thus lacking due diligence. Makriev appealed to CAS. The Sole Arbitrator confirmed the sporting succession, agreeing that Pécsi MFC managed by PSN ZRT is the same club. However, he upheld the dismissal because Makriev did not register his claim in the insolvency proceedings, which was required to hold the successor liable. The appeal was dismissed, and the Appealed Decision was confirmed.
The detail
Parties: Dimitar Makriev v. FIFA & Pécsi MFC
Case number: CAS 2020 A 6846
Outcome: Appeal dismissed; the Appealed Decision of the FIFA Disciplinary Committee is confirmed.
Applicable law: FIFA Statutes, FIFA Disciplinary Code (2011 and 2019 editions), Swiss law
Issues in play: The case involved the principle of sporting succession: whether a football club managed by a new entity is liable for debts incurred by the previous managing entity, and the requirement for a player to participate in bankruptcy proceedings to recover debts.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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