CAS 2020 A 7383
CAS · Football (FIFA / CAS) · Switzerland · 18 Jun 2021
Why it matters
This case confirms FIFA's disciplinary system for enforcing decisions, particularly the use of transfer bans as a proportionate sanction. It clarifies that a transfer ban is not indefinite but lasts until the debt is paid, and that escalating sanctions (fine, transfer ban, point deduction) do not violate ne bis in idem. The award also affirms CAS's full review jurisdiction to cure any procedural defects.
Summary
Raja Club Athletic (Raja) failed to pay EUR 150,000 to Enugu Rangers FC as ordered by a FIFA Players' Status Committee decision. FIFA's Disciplinary Committee imposed a CHF 15,000 fine and a transfer ban until payment. Raja appealed to CAS, arguing the sanctions were disproportionate, violated ne bis in idem, and breached EU law and human rights. The Sole Arbitrator dismissed the appeal, holding that the transfer ban is not indefinite, it ends upon payment, and that escalating sanctions for continued non-compliance do not punish twice. He found no breach of proportionality, as the sanctions were within FIFA's discretion and aimed at ensuring compliance. CAS's de novo review cured any procedural issues. The award upholds FIFA's enforcement regime and confirms that clubs must honour their debts.
The detail
Parties: Raja Club Athletic v. FIFA
Case number: CAS 2020 A 7383
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed.
Applicable law: FIFA Disciplinary Code (FDC), Swiss law, 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.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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