CAS 2020 A 7468
CAS · Football (FIFA / CAS) · Switzerland · 27 Apr 2022
Why it matters
This CAS award is significant for clarifying the administrative nature of FIFA's provisional International Transfer Certificate (ITC) decisions. It establishes that such provisional measures are distinct from underlying contractual disputes between clubs and players, primarily serving to protect a player's right to work and freedom of movement without prejudicing the merits of a contract breach claim. The decision reinforces that a club's appeal against a provisional ITC decision must demonstrate a legitimate interest directly related to the administrative act, not merely the underlying contractual dispute, which should be pursued in the appropriate forum.
Summary
São Paulo FC (Appellant) had an employment contract with player Lucas Fasson Dos Santos (Fourth Respondent) until June 2021. In June 2020, the player notified São Paulo FC of his intention to terminate the contract, claiming it was only valid for 3 years (until July 2020) under FIFA regulations for players under 18. The player then signed a contract with CD La Serena (Third Respondent). La Serena, through the Federación de Fútbol de Chile (Second Respondent), requested an International Transfer Certificate (ITC) for the player from the Confederação Brasileira de Futebol (CBF), which was rejected. The FFCH then requested FIFA's Players' Status Committee (PSC) to issue a provisional ITC. On 23 September 2020, the Single Judge of the FIFA PSC granted the provisional registration of the player to CD La Serena, explicitly stating it was a provisional measure "without prejudice to any possible decision from the competent deciding body on the substance of the existing contractual dispute." São Paulo FC appealed this decision to the Court of Arbitration for Sport (CAS). The Sole Arbitrator determined that the FIFA Rules and Regulations, specifically the FIFA Regulations on the Status and Transfer of Players (RSTP, August 2020 version), applied primarily, with Swiss law applying subsidiarily, according to Article R58 of the CAS Code and Article 57.2 of the FIFA Statutes. Brazilian law, which São Paulo FC argued should apply to the First Contract, was deemed not applicable to the scope of the provisional ITC proceedings. The CAS Sole Arbitrator dismissed São Paulo FC's appeal and confirmed the FIFA PSC decision. The key reason was that São Paulo FC lacked standing to appeal. The Sole Arbitrator concluded that the FIFA PSC proceedings were purely administrative, focused solely on the provisional issuance of the ITC to protect the player's right to work and freedom of movement, and did not address the merits of the underlying contractual dispute between São Paulo FC and the player. Since São Paulo FC was not a party to the administrative procedure before FIFA (only the national federations, CBF and FFCH, were), and its arguments primarily concerned the contractual dispute, which was outside the scope of the appealed provisional decision, it had no legitimate interest to appeal the administrative decision. The CAS emphasized that the decision on provisional registration is "without prejudice to the merits of such possible contractual dispute," meaning São Paulo FC could pursue its contractual claims in the appropriate Brazilian courts, which it had already initiated. São Paulo FC was ordered to bear 100% of the arbitration costs and pay CHF 3,000 each to the Federación de Fútbol de Chile, CD La Serena, and Lucas Fasson Dos Santos as contributions to their legal fees. FIFA was to bear its own costs.
The detail
Parties: Sao Paulo FC v. FIFA & Federacion de Fútbol de Chile & CD la Serena & Lucas Fasson Dos Santos
Case number: CAS 2020 A 7468
Outcome: São Paulo FC's appeal against the FIFA Player's Status Committee decision was dismissed, and the FIFA PSC decision, which granted provisional registration to Lucas Fasson Dos Santos with CD La Serena, was confirmed. São Paulo FC was ordered to bear the full arbitration costs and pay CHF 3,000 each to the Federación de Fútbol de Chile, CD La Serena, and Lucas Fasson Dos Santos as contributions to their legal fees.
Quantum: CHF 3,000 to Federación de Fútbol de Chile, CHF 3,000 to CD La Serena, CHF 3,000 to Lucas Fasson Dos Santos, plus full arbitration costs.
Applicable law: FIFA Rules and Regulations, specifically the FIFA RSTP (August 2020 version), primarily, with Swiss law applying subsidiarily (Article R58 of the CAS Code and Article 57.2 of FIFA Statutes).
Issues in play: The case primarily involved the interpretation and application of Article 8.2(7) of Annexe 3 of the FIFA Regulations on the Status and Transfer of Players (RSTP) concerning the provisional registration of players and the issuance of International Transfer Certificates (ITCs) in cases of contractual disputes. It also touched upon the principle of protecting a player's freedom of movement and right to work versus contractual stability, and the competence of different forums (FIFA PSC, national courts, CAS) to address administrative versus contractual disputes.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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