CAS 2020 A 7551
CAS · Football (FIFA / CAS) · Switzerland · 21 Oct 2021
Why it matters
This case clarifies the criteria for sporting succession in football, emphasizing a fact-specific analysis rather than rigid rules. It confirms that a creditor's failure to claim in liquidation proceedings does not bar enforcement against a sporting successor, and that the creditor's diligence is assessed case-by-case. The decision reinforces FIFA's disciplinary power to enforce decisions against successor clubs, ensuring that debts cannot be evaded through corporate restructuring.
Summary
The case concerns an appeal by Aris Football Club (the New Club) against a FIFA Disciplinary Committee decision that found it guilty of failing to comply with a 2014 decision ordering the original debtor club (PAE O Aris Thessaloniki) to pay EUR 65,000 plus interest to player's agent Antonio Calzado. The original club entered liquidation and was disaffiliated. The New Club, which later participated in professional Greek leagues, argued it was not the sporting successor and that the claim was time-barred. The CAS Sole Arbitrator upheld the FIFA decision, finding that the New Club was the sporting successor based on factors including the same name, logo, stadium, and continuity of participation in the Greek league system. The arbitrator also rejected the time-bar argument, noting that the limitation period was interrupted by earlier FIFA correspondence. The creditor's diligence was deemed sufficient; he had pursued FIFA remedies and was not required to claim in liquidation. The award confirms that sporting succession is determined on a case-by-case basis and that FIFA can sanction successor clubs for non-compliance with final decisions.
The detail
Parties: Aris Football Club v. FIFA
Case number: CAS 2020 A 7551
Outcome: The appeal was dismissed and the FIFA Disciplinary Committee's decision was upheld. Aris FC was found guilty of failing to comply with a decision to pay EUR 65,000 plus interest to a player's agent, fined CHF 10,000, and ordered to pay the debt within 30 days or face a transfer ban.
Quantum: EUR 65,000 plus 5% interest p.a.; CHF 10,000 fine
Applicable law: FIFA Disciplinary Code (2019 edition), CAS Code of Sports-related Arbitration
Issues in play: The case involved the principle of sporting succession under Article 15 of the FIFA Disciplinary Code, which holds a new club liable for debts of its predecessor if it is the sporting successor. The appellant argued it was a separate entity, but the tribunal found sufficient continuity in name, logo, stadium, and league participation to establish succession.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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