CAS 2020 A 7034
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This case underscores the strict application of procedural deadlines in CAS appeals, particularly Article R51 of the CAS Code. It confirms that failure to timely notify the CAS Court Office that a Statement of Appeal stands as the Appeal Brief results in the appeal being deemed withdrawn, regardless of subsequent steps or payment of costs. The decision reinforces the principle of equal treatment and procedural certainty in sports arbitration.
Summary
Persepolis FC appealed a FIFA Dispute Resolution Chamber decision ordering it to pay EUR 475,000 to player Mario Budimir. The appeal was filed on time, but the Club failed to notify the CAS Court Office within the ten-day deadline after the appeal period that its Statement of Appeal should serve as its Appeal Brief, as required by Article R51 of the CAS Code. The CAS Court Office had reminded the Club of this requirement. The Club only indicated this in a letter dated 10 May 2020, after the 1 May 2020 deadline. The Sole Arbitrator, Edward Canty, bifurcated the proceedings to address admissibility as a preliminary issue. He found that the Club did not comply with Article R51, and therefore the appeal was deemed withdrawn. The Club argued that the CAS had already commenced the procedure and that it faced banking difficulties due to international sanctions, but the Sole Arbitrator held that strict adherence to procedural deadlines is necessary for equal treatment. The appeal was declared inadmissible, and Persepolis FC was ordered to bear the arbitration costs, with each party bearing its own legal fees.
The detail
Parties: Persepolis FC v. FIFA & Mario Budimir
Case number: CAS 2020 A 7034
Outcome: The appeal was declared inadmissible; Persepolis FC bears the arbitration costs and each party bears its own legal fees.
Applicable law: FIFA Statutes (2019 edition), CAS Code of Sports-related Arbitration (2019 edition), Swiss law (PILA)
Issues in play: The case turned on procedural compliance: whether the Appellant notified the CAS Court Office within the ten-day deadline under Article R51 of the CAS Code that its Statement of Appeal should serve as its Appeal Brief. The Sole Arbitrator strictly applied the deadline, deeming the appeal withdrawn for failure to notify in time.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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