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CAS 2021 A 7684 (CAS)

Why it matters

This CAS award is a key precedent for the principle of "sporting succession" in international football. It clarifies that a new club, by adopting the name, history, symbols, and fan base of a defunct club, can be held liable for the predecessor's financial obligations under FIFA disciplinary rules. The decision emphasizes a holistic assessment of factors for sporting succession and confirms FIFA's competence to impose disciplinary sanctions on successor clubs, reinforcing the integrity of financial obligations within the football ecosystem, even in cases involving national insolvency proceedings.

Summary

The case involved an appeal by Fotbal Club Rapid 1923 S.A. ("Appellant") against a FIFA Disciplinary Committee (FIFA DC) decision. The FIFA DC had found the Appellant to be the "sporting successor" of an original debtor club, FC Rapid București ("Original Debtor"), and thus liable for a debt of EUR 500,000 plus 5% interest owed to former player Daniel Barioni ("Second Respondent"). The Original Debtor had entered insolvency proceedings in Romania in 2012, and the debt originated from a FIFA Dispute Resolution Chamber (DRC) decision in 2013. The Appellant argued that the FIFA DC lacked competence, that Article 15.4 of the FIFA Disciplinary Code (FDC 2019) violated Swiss law, that the player was not diligent in pursuing his claim in the insolvency proceedings, and that it was not the sporting successor. The CAS Panel, applying FIFA regulations (FDC 2019, FDC 2011, FIFA Statutes) and Swiss law subsidiarily, dismissed the appeal. It confirmed FIFA DC's competence, stating that disciplinary proceedings for non-compliance with a FIFA decision against a sporting successor do not constitute a new claim requiring a DRC adjudication. The Panel also found no violation of Swiss law by FDC 2019, emphasizing FIFA's autonomy in self-regulation. Crucially, the Panel determined that the player was not negligent in collecting his credit, noting the Original Debtor's bad faith in not informing the player of insolvency proceedings and the player's subsequent attempts to negotiate. Regarding sporting succession, the Panel applied a holistic "overall package of elements" test (CAS 2017/A/5050, CAS 2020/A/6884), considering factors like similar name, logo, colours, stadium, shared history, and the Appellant's public portrayal as the continuation of the Original Debtor. It concluded that the Appellant had a clear intention to take the place of the Original Debtor and benefit from its goodwill. Consequently, the CAS confirmed the FIFA DC's decision, ordering FC Rapid 1923 S.A. to pay the outstanding debt, a fine to FIFA, and a contribution to Daniel Barioni's legal costs, plus bearing the full arbitration costs.

The detail

Parties: FC Rapid 1923 SA v. FIFA & Daniel Barioni

Case number: CAS 2021 A 7684

Outcome: The appeal filed by FC Rapid 1923 S.A. is dismissed, and the FIFA Disciplinary Committee's decision (FDD-4796) is confirmed. FC Rapid 1923 S.A. is ordered to pay Daniel Barioni EUR 500,000 plus 5% interest p.a. from 4 October 2013, a fine of CHF 25,000 to FIFA, and CHF 3,500 to Daniel Barioni for legal costs. The arbitration costs are to be borne by FC Rapid 1923 S.A.

Quantum: EUR 500,000 plus 5% interest p.a. from 4 October 2013 (to Daniel Barioni), CHF 25,000 (fine to FIFA), CHF 3,500 (legal costs to Daniel Barioni), plus full arbitration costs (to be determined by CAS) to be borne by FC Rapid 1923 S.A.

Applicable law: FIFA Disciplinary Code (FDC 2019, FDC 2011), FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Statutes, Swiss law (subsidiary), Romanian Insolvency Law no. 85/2006 (contextual).

Issues in play: The core legal issue was the application of the "sporting succession" principle under FIFA disciplinary regulations (specifically Article 15.4 FDC 2019 and Article 64 FDC 2011) to hold a new football club liable for the debts of a defunct predecessor club that underwent insolvency. This involved determining whether the new club (FC Rapid 1923 SA) was indeed the sporting successor, and whether the player's diligence in pursuing the debt through national insolvency proceedings affected the disciplinary liability. The Panel also considered whether FIFA DC was competent and if FDC 2019 violated Swiss law.

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

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