CAS 2020 A 7481
CAS · Football (FIFA / CAS) · Switzerland · 27 Jan 2022
Why it matters
This award clarifies the application of limitation periods in FIFA disciplinary proceedings and the test for sporting succession when a club is liquidated and a new entity emerges. It confirms that a successor club can be held liable for debts of its predecessor if it continues the sporting activity, and that the limitation period runs from the final decision, not from the original debt. The decision reinforces FIFA's ability to enforce its decisions against successor clubs to prevent evasion of debts.
Summary
The case concerns a debt owed by the old Aris Thessaloniki FC (Old Club) to player Rubén Palazuelos Garcia, arising from a 2012 FIFA DRC decision. The Old Club failed to pay and entered liquidation. A new entity, Aris Football Club (the Appellant), began competing in the Greek Superleague. In 2020, the player asked FIFA to open disciplinary proceedings against the new club as sporting successor. FIFA's Disciplinary Committee found the new club liable and imposed sanctions. The new club appealed to CAS, arguing: (1) the player's petition was time-barred (5-year limitation under Article 10 FIFA Disciplinary Code 2019); (2) the matter was res judicata because FIFA closed proceedings in 2015; (3) it was not the sporting successor; and (4) the player contributed to non-compliance by not pursuing claims in Greek liquidation proceedings. The Sole Arbitrator dismissed all arguments. On limitation, he held that the 5-year period runs from the final decision (the 2012 DRC decision became final in October 2012) but was interrupted by the player's 2016 and 2020 requests, so the 2020 petition was timely. On res judicata, the 2015 closure was not a final decision on the merits but an administrative closure due to the Old Club's disaffiliation; it did not bar new proceedings against a different entity. On sporting succession, the Arbitrator applied Article 15.4 and found that the new club used the same name, logo, stadium, and continued in the same league, thus was the sporting successor. The player's failure to pursue claims in liquidation did not excuse the club's non-compliance. The appeal was dismissed, upholding FIFA's sanctions.
The detail
Parties: Aris Football Club v. FIFA
Case number: CAS 2020 A 7481
Outcome: The appeal is dismissed and the FIFA Disciplinary Committee decision is confirmed.
Applicable law: FIFA Disciplinary Code (ed. 2019), particularly Articles 10 (limitation), 15 (sporting succession), and 64 (non-compliance); Swiss law
Issues in play: The case involved the limitation period for disciplinary proceedings under Article 10 of the FIFA Disciplinary Code and the principle of res judicata, as well as the criteria for sporting succession under Article 15.4.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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