CAS 2020 A 7251
CAS · Football (FIFA / CAS) · Switzerland · 11 Nov 2021
Why it matters
This case is significant because it clarifies the standard for imposing sanctions on national football associations for failing to implement FIFA decisions. The CAS Panel emphasized proportionality, reducing the fine by suspending a large portion, and highlighted that a one-off violation, even involving multiple decisions, should not automatically result in the maximum penalty. It also underscores the importance of clear communication between FIFA and its member associations regarding the identity of sanctioned clubs.
Summary
The Hellenic Football Federation (HFF) appealed a FIFA Disciplinary Committee decision fining it CHF 500,000 for failing to implement transfer bans against a Greek club, Aris FC. The underlying dispute involved confusion over which of three Greek entities named 'Aris' was the actual debtor. FIFA had issued four decisions ordering transfer bans against 'Aris FC' for unpaid debts to players. The HFF argued it was unclear which entity was targeted and that it had attempted to comply by withdrawing a player's registration, though that decision was later overturned by the HFF's own Court of Arbitration. The CAS Panel found that the HFF had violated Article 15 of the FIFA Disciplinary Code by not implementing the bans automatically. However, the Panel considered the HFF's efforts to rectify the situation and the limited harm caused, as a domestic transfer ban was eventually implemented. The Panel also noted that the fine was disproportionate compared to similar cases, where fines were lower. Therefore, while upholding the CHF 500,000 fine, the Panel suspended CHF 350,000 for a four-year probationary period to incentivize future compliance. The appeal was partially upheld, and each party bore its own costs.
The detail
Parties: Hellenic Football Federation v. FIFA_redacted
Case number: CAS 2020 A 7251
Outcome: The appeal was partially upheld; the fine of CHF 500,000 was confirmed, but CHF 350,000 was suspended for a probationary period of four years.
Quantum: CHF 500,000 (with CHF 350,000 suspended)
Applicable law: FIFA Disciplinary Code (FDC) editions 2017 and 2019, particularly Article 15 (formerly Article 64); CAS Code of Sports-related Arbitration
Issues in play: The case involved the duty of a national football association to implement FIFA disciplinary decisions, specifically transfer bans, and the proportionality of sanctions for non-compliance.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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