CAS 2020 A 6921
CAS · Football (FIFA / CAS) · Switzerland · 4 Oct 2021
Why it matters
This case clarifies that FIFA's refusal to act on a complaint can be considered a decision appealable to CAS, even if the complainant is not a party to the disciplinary proceedings. It reinforces the right of stakeholders to challenge FIFA's inaction and ensures accountability of football governing bodies.
Summary
The case arose from a dispute in Serbia where the Football Association of Serbia (FAS) unilaterally changed the composition and rules of its National Dispute Resolution Chamber (NDRC) without consulting the players' union SPFN. After a sole arbitrator (Mr. Micic) ruled in favor of player Vladimir Simunovic, FAS annulled that decision and dismissed the arbitrator. The player and union complained to FIFA, seeking disciplinary action against FAS. FIFA initially declined to act, stating the matter lacked international dimension and that the complainants were not parties. After further correspondence, FIFA opened but then closed disciplinary proceedings without notifying the complainants. The player and union appealed to CAS, arguing FIFA's refusal constituted a denial of justice. The CAS Panel consolidated two appeals and held that FIFA's letter of 7 February 2020 and subsequent silence amounted to a decision appealable under CAS rules. The Panel found that the complainants had standing to challenge FIFA's inaction, as they had a legitimate interest in ensuring compliance with FIFA regulations. The case underscores that FIFA cannot ignore complaints from stakeholders and must provide reasoned responses, subject to CAS review.
The detail
Parties: & 7297 Vladimir Simunovic & Sindikat Profesionalnih Fudbalera Nezavsinost (SPFN) v. FIFA
Case number: CAS 2020 A 6921
Outcome: CAS upheld jurisdiction and ruled that FIFA's refusal to initiate disciplinary proceedings against the Football Association of Serbia constituted a decision appealable before CAS, but the final outcome on the merits is not stated in the provided text.
Applicable law: FIFA Statutes (2018, 2019), FIFA Disciplinary Code (2017, 2019), Swiss law (PILA), CAS Code
Issues in play: The case involved the right of players and unions to request FIFA to initiate disciplinary proceedings against a member association, and whether FIFA's silence or refusal constitutes a decision subject to appeal. The Panel applied principles of denial of justice and good faith.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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