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CAS 2020 A 7685 (CAS)

Why it matters

This case clarifies the standard for disclosure of minor disciplinary sanctions in FIFA eligibility checks. The CAS held that sanctions not falling under the FIFA Code of Ethics (Part II, Section 5) and not actually imposed need not be disclosed. It reinforces proportionality and transparency, but also that candidates should err on the side of disclosure. The decision overturned a FIFA Review Committee ruling, allowing Zetchi to stand for the FIFA Council.

Summary

Khireddine Zetchi, chairman of the Algerian Football Federation, applied for a seat on the FIFA Council for CAF. As part of the eligibility process, he completed a questionnaire. The FIFA Review Committee later discovered two prior disciplinary matters: (1) a 2016 suspension by the Algerian Professional Football League for media comments breaching a duty of reserve, and (2) a 2018 CAF disciplinary tribunal recommendation that Zetchi not be part of CAF delegations for two years after he withdrew from a tournament commission. The Committee declared Zetchi ineligible for failing to disclose these sanctions, citing lack of transparency. Zetchi appealed to CAS. The Sole Arbitrator found that the APFL sanction was for conduct not violating the FIFA Code of Ethics (Part II, Section 5), so it was not required to be disclosed. The CAF matter never resulted in an actual sanction, the Executive Committee did not adopt the recommendation, so there was nothing to disclose. The Arbitrator concluded Zetchi did not fail to disclose relevant information and set aside the ineligibility decision. He also noted that while full transparency is always advisable, the omissions were not legally culpable. The appeal was upheld, and FIFA was ordered to pay costs and a contribution to Zetchi's legal fees.

The detail

Parties: Khireddine Zetchi v. FIFA

Case number: CAS 2020 A 7685

Outcome: Appeal upheld; FIFA Review Committee decision set aside; Zetchi declared eligible to stand for FIFA Council.

Applicable law: FIFA Statutes (2020 edition), FIFA Governance Regulations, FIFA Code of Ethics, Swiss law

Issues in play: Whether undisclosed minor disciplinary sanctions (a local league suspension for media comments and a CAF recommendation not implemented) required disclosure under FIFA eligibility rules, and whether non-disclosure justified ineligibility.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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