CAS 2021 A 7650
CAS · Football (FIFA / CAS) · Switzerland · 2 Sept 2022
Why it matters
This case is significant because it clarifies the scope of FIFA's power under Article 66 of its Disciplinary Code to extend national federations' sanctions worldwide. It confirms that FIFA can extend a sanction even if the player is no longer under the national federation's jurisdiction, provided the conduct occurred while the player was subject to that federation's rules. The decision also addresses the standing of a club to appeal a sanction against its player and the procedural requirements for extending sanctions, reinforcing the principle that national disciplinary decisions must be compatible with FIFA's regulatory framework and not violate Swiss public policy.
Summary
The case concerns an appeal by Club Atlético de Madrid against a FIFA decision extending worldwide a 10-week suspension imposed on its player Kieran Trippier by the English Football Association (FA). Trippier, while playing for Tottenham Hotspur in England, provided inside information about his potential transfer to Atlético Madrid to third parties who used it for betting, violating FA Rule E8(1)(b). The FA investigated and, on 18 December 2020, imposed a 10-week suspension and a £70,000 fine. The same day, the FA requested FIFA to extend the sanction worldwide under Article 66 of the FIFA Disciplinary Code (FDC). On 23 December 2020, the FIFA Disciplinary Committee granted the extension, effective from 21 December 2020 to 28 February 2021. Atlético appealed to the FIFA Appeals Committee, which confirmed the decision on 18 January 2021. Atlético then appealed to the Court of Arbitration for Sport (CAS). Atlético argued that the FA lacked jurisdiction over Trippier after his transfer, that FIFA acted ultra vires, that the extension violated the ne bis in idem principle, and that the FA's decision was incompatible with FIFA regulations and Swiss public policy. The CAS panel rejected all arguments. It held that the FA had jurisdiction because the betting activity occurred while Trippier was under FA jurisdiction, and the FA's rules allowed it to sanction conduct committed during that period. FIFA's extension under Article 66 FDC was proper: the FA's request was timely and complete, the FA decision was final and not appealed by Trippier, and the sanction was for a 'serious' infringement. The panel found no violation of ne bis in idem because the extension was merely a worldwide enforcement of the same sanction, not a new punishment. The FA decision was compatible with FIFA regulations, as the conduct violated the FA's rules and was analogous to FIFA's ethical principles. Finally, the panel held that Swiss public policy was not violated: the FA's procedure was fair to Trippier, and Atlético had no right to participate in that proceeding. The appeal was dismissed, and the worldwide extension was confirmed.
The detail
Parties: Atletico de Madrid SAD v. FIFA
Case number: CAS 2021 A 7650
Outcome: The appeal by Club Atlético de Madrid was dismissed. The FIFA Appeals Committee decision confirming the worldwide extension of the 10-week suspension imposed on player Kieran Trippier by the English FA was upheld.
Applicable law: FIFA Disciplinary Code (FDC), particularly Article 66; FA Handbook Rule E8(1)(b); Swiss law as subsidiary; CAS Code of Sports-related Arbitration.
Issues in play: The case involved the collision between the English FA's disciplinary jurisdiction over a player for conduct while under its jurisdiction and FIFA's power to extend that sanction worldwide under Article 66 FDC. The key issue was whether the FA's decision complied with FIFA regulations and Swiss public policy.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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