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CAS 2020 A 7378 (CAS)

Why it matters

This case confirms CAS's deferential review of FIFA disciplinary sanctions, upholding an indefinite transfer ban until debt is paid. It clarifies that such bans are proportionate and do not violate ne bis in idem, as escalating sanctions for ongoing non-compliance are distinct. The award also reinforces that CAS cures any procedural defects from FIFA bodies, and that TFEU arguments require concrete evidence of market distortion.

Summary

Raja Club Athletic, a Moroccan football club, failed to pay outstanding remuneration and compensation to a player as ordered by a prior CAS award. FIFA's Disciplinary Committee imposed a CHF 20,000 fine and a transfer ban effective if the debt remained unpaid after a 30-day grace period. Raja appealed to CAS, arguing the sanction violated proportionality, ne bis in idem, and EU law. The Sole Arbitrator dismissed the appeal, holding that the transfer ban was proportionate because it could be lifted by payment, and that escalating sanctions for continued non-compliance do not violate ne bis in idem. CAS also found no breach of Article 6 ECHR or TFEU, as CAS review cured any procedural issues and Raja failed to provide evidence of market distortion. The award confirms FIFA's broad discretion in sanctioning and the limited scope of CAS review.

The detail

Parties: Raja Club Athletic v. FIFA

Case number: CAS 2020 A 7378

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Raja ordered to pay CHF 20,000 fine and outstanding amounts to player, with transfer ban if unpaid.

Quantum: CHF 20,000 fine; plus MAD 265,000 outstanding remuneration and MAD 2,704,356 compensation (plus interest) to player

Applicable law: FIFA Disciplinary Code (FDC); Swiss Civil Code; CAS Code of Sports-related Arbitration

Issues in play: Principle of proportionality vs. FIFA's sanctioning discretion; ne bis in idem vs. escalating sanctions for continued non-compliance; Article 6 ECHR and TFEU competition law vs. FIFA's regulatory autonomy.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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