CAS 2020 A 7280
CAS · Football (FIFA / CAS) · Switzerland · 8 Sept 2021
Why it matters
This case clarifies that a creditor's failure to register a claim in bankruptcy proceedings can bar disciplinary sanctions against a sporting successor, even if the successor is otherwise liable. It reinforces the principle that creditors must act diligently to recover debts, and that sporting succession does not automatically impose sanctions if the creditor contributed to the non-compliance.
Summary
Viktor Genev, a Bulgarian footballer, had a contract with SC Fotbal Club Petrolul SA (Original Debtor) which was terminated in 2016, leaving EUR 23,000 unpaid. FIFA DRC decisions ordered payment, but the Original Debtor went bankrupt and was disaffiliated. A new club, ACS Petrolul 52 (First Respondent), was formed by fans and continued the sporting identity. Genev sought disciplinary sanctions against the new club as sporting successor. The FIFA DC found the new club was the sporting successor but dismissed charges because Genev failed to register his claim in the bankruptcy proceedings until almost four years later, and only one month before seeking sanctions. The DC held that Genev's lack of diligence contributed to the non-compliance. Genev appealed to CAS. The Sole Arbitrator applied the FIFA Disciplinary Code 2019, noting that Article 15(4) codified existing jurisprudence on sporting succession. However, the Arbitrator agreed that Genev's failure to timely register his claim in bankruptcy meant he could not later seek sanctions against the successor. The appeal was dismissed, confirming that a creditor's negligence in pursuing recovery can preclude disciplinary action against a sporting successor.
The detail
Parties: & 7298 Viktor Viktorov Genev v. FC Petrolul Ploiesti (ACS Petrolul 52 Ploiesti) & FIFA
Case number: CAS 2020 A 7280
Outcome: CAS upheld the FIFA DC decision that no disciplinary sanctions be imposed on the First Respondent due to the Appellant's lack of diligence in registering his claim in the bankruptcy proceedings.
Applicable law: FIFA Disciplinary Code (2019 edition), Swiss law subsidiarily
Issues in play: The principle of sporting succession versus the creditor's duty to diligently pursue claims in bankruptcy proceedings. The case balanced the continuity of a club's sporting identity against the creditor's failure to register a debt in insolvency.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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