CAS 2020 A 7455
CAS · Football (FIFA / CAS) · Switzerland · 12 Apr 2022
Why it matters
This case clarifies the binding nature of email addresses provided in FIFA's Transfer Matching System (TMS) for official communications. It confirms that clubs bear the responsibility to keep their TMS contact details up to date, and that FIFA's refusal to restore a missed deadline does not violate the right to be heard if the club was properly notified. The decision reinforces the principle that procedural rules must be followed strictly, even in the context of the COVID-19 pandemic.
Summary
Besiktas appealed FIFA's decision not to restore its deadline to respond to a claim by player Victor Ruiz Torre. The player had claimed outstanding salary and compensation for breach of contract. FIFA sent the initial claim to email addresses listed in the TMS, but Besiktas claimed it never received the email due to COVID-19 disruptions and that not all its TMS managers were copied. FIFA refused to reopen the deadline, and the FIFA DRC later issued a decision on the merits without Besiktas' input. Besiktas appealed to CAS, arguing that FIFA's refusal violated its right to be heard and constituted excessive formalism under Swiss law. The CAS panel held that FIFA's communication was valid because it was sent to the email addresses provided by Besiktas in TMS, which are binding under Article 9bis(3) of the FIFA Procedural Rules. The panel found that Besiktas failed to prove non-receipt and that the COVID-19 pandemic did not excuse its failure to monitor its emails. The panel also noted that any procedural irregularities could be cured in the parallel CAS appeal (CAS 2020/A/7610) where Besiktas could present its case. Accordingly, the appeal was dismissed.
The detail
Parties: Besiktas Futbol Yatirimlari Sanayi Ve Ticaret A.S. v. FIFA & Victor Ruiz Torre
Case number: CAS 2020 A 7455
Outcome: CAS dismissed Besiktas' appeal, upholding FIFA's refusal to restore the deadline for Besiktas to respond to the Player's claim.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Procedural Rules, Swiss law
Issues in play: The case involved a conflict between procedural strictness (FIFA's rules on communication via TMS and deadlines) and the right to be heard (prohibition of excessive formalism under Swiss law).
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