CAS 2021 A 7713
CAS · Football (FIFA / CAS) · Switzerland · 17 Nov 2021
Why it matters
This case underscores the strict application of appeal deadlines in CAS proceedings, even when a party claims ignorance of the decision. It clarifies that failure to pay procedural fees for a reasoned decision can render the decision final and binding, and that the 21-day appeal period runs from knowledge of the decision, not receipt of reasons. The case also highlights the tension between FIFA's internal procedural rules and fundamental rights to a fair hearing.
Summary
The case arose from a contract between the Guinean Football Federation (FEGUIFOOT) and Belgian coach Paul Put, signed in March 2018 for three years. In July 2019, FEGUIFOOT terminated the contract without cause. Put filed a claim with FIFA's Players' Status Committee (PSC), which on 25 August 2020 ordered FEGUIFOOT to pay €270,000 plus interest. The decision was notified to the parties on 10 September 2020, with only the operative part; the reasoned decision would be provided upon request and payment of CHF 5,000 in procedural costs. FEGUIFOOT requested the reasons on 19 September 2020 but did not pay the fees. FIFA informed FEGUIFOOT on 7 December 2020 that its request was considered withdrawn and the decision became final and binding. On 19 January 2021, FIFA's Disciplinary Committee opened proceedings against FEGUIFOOT for non-compliance. FEGUIFOOT then claimed it had not received the decision and appealed to CAS on 16 February 2021. The CAS panel bifurcated the proceedings to first address admissibility. The panel found that even assuming FEGUIFOOT only learned of the decision on 19 January 2021, the 21-day appeal deadline expired on 9 February 2021, making the 16 February appeal late. The panel rejected FEGUIFOOT's arguments that FIFA's procedural rules violated the European Convention on Human Rights, noting that procedural deadlines serve legal certainty and equality. The appeal was declared inadmissible, and FEGUIFOOT was ordered to pay CHF 3,000 towards Put's legal costs.
The detail
Parties: Fédération Guinéenne de Football c. FIFA & M. Paul Put
Case number: CAS 2021 A 7713
Outcome: The appeal was declared inadmissible because it was filed after the 21-day deadline. FEGUIFOOT was ordered to pay CHF 3,000 to Paul Put for costs.
Quantum: CHF 3,000
Applicable law: FIFA Statutes, CAS Code of Sports-related Arbitration, FIFA Regulations governing the Players' Status Committee and the Dispute Resolution Chamber, FIFA Disciplinary Code
Issues in play: The case involved a conflict between FIFA's procedural rules requiring payment of fees to obtain a reasoned decision and the appellant's right to an effective remedy under the European Convention on Human Rights.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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