CAS 2020 A 7183
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This award clarifies the criteria for sporting succession in football, emphasizing that a new club may be considered the sporting successor if it shares the same name, colours, stadium, and history, and if it creates the impression of continuity. However, the award also highlights that a player's failure to diligently pursue claims in bankruptcy proceedings can relieve the successor club of liability, reinforcing the importance of creditor diligence.
Summary
The case involves a Tunisian-French footballer, Sofiene Moussa, who signed a contract with SC Fotbal Club Petrolul SA (Old Club) in July 2015, while the club was already in insolvency proceedings. In January 2016, the player filed a claim with the FIFA DRC for unpaid wages and compensation. The DRC awarded him EUR 23,488 in outstanding remuneration and EUR 88,000 in compensation in July 2016. However, the Old Club entered bankruptcy in June 2016, and a new club, ACS Petrolul 52 Ploiesti (New Club), was formed in July 2016, eventually being promoted and affiliated with the Romanian Football Federation. The player sought to enforce the DRC decision against the New Club, arguing it was the sporting successor of the Old Club. The FIFA Disciplinary Committee found that the New Club was the sporting successor but declined to impose sanctions because the player failed to diligently pursue his claim in the Old Club's bankruptcy proceedings (he did not file his claim in the creditor list). The player appealed to CAS. The Sole Arbitrator reviewed the concept of sporting succession, noting that the New Club shared the same logo, colours, stadium, and history, and thus was indeed the sporting successor. However, the Arbitrator upheld the Disciplinary Committee's decision, finding that the player's lack of diligence in the bankruptcy proceedings (he did not register his claim) meant the New Club should not be sanctioned. The appeal was dismissed, and the decision not to sanction the New Club was confirmed.
The detail
Parties: Sofiene Moussa v. ACS Petrolul 52 Ploiesti & FIFA
Case number: CAS 2020 A 7183
Outcome: Appeal dismissed; the decision of the FIFA Disciplinary Committee not to sanction the New Club is upheld.
Applicable law: FIFA Disciplinary Code (2019 edition), Swiss Code of Obligations, CAS jurisprudence on sporting succession
Issues in play: The case involved the concept of 'sporting succession' and whether a new club formed after the bankruptcy of an old club is liable for the old club's debts. The player argued the new club should be sanctioned for non-payment, while the new club denied liability.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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