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CAS 2021 A 7937 (CAS)

Why it matters

This case reaffirms the CAS's deference to FIFA's disciplinary sanctions for non-compliance with awards, applying the 'evidently and grossly disproportionate' standard. It clarifies that a 30-day payment deadline and a CHF 30,000 fine are proportionate even during the COVID-19 pandemic, and that conditional transfer bans and potential points deductions are lawful. The decision also distinguishes the Matuzalem case, limiting its application to extreme situations.

Summary

Al Arabi Sports Club failed to pay a player, Sérgio Dutra Junior, amounts due under a CAS award (EUR 6,000,000 plus interest and costs). FIFA's Disciplinary Committee imposed a CHF 30,000 fine and a conditional transfer ban (if not paid within 30 days), with potential points deduction or relegation for persistent non-compliance. The Club appealed to CAS, arguing the sanctions were disproportionate, especially given the COVID-19 pandemic's impact on its finances. The Sole Arbitrator dismissed the appeal, finding the sanctions proportionate and consistent with FIFA's longstanding practice. The CAS held that the Club had ample time (over 795 days) to pay, and the sanctions were not 'evidently and grossly disproportionate'. The award confirms that disciplinary measures for non-compliance with CAS awards are valid and that the principle of proportionality does not require leniency in such cases.

The detail

Parties: Al Arabi Sports Club v. FIFA & Sérgio Dutra Junior

Case number: CAS 2021 A 7937

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Club ordered to pay CHF 3,000 to the player as contribution to legal costs.

Quantum: CHF 3,000

Applicable law: FIFA Disciplinary Code (2019 edition), Swiss law, CAS Code of Sports-related Arbitration

Issues in play: The principle of proportionality in disciplinary sanctions under Swiss law and FIFA regulations was weighed against the need to enforce compliance with CAS awards. The Club argued the sanctions (fine, transfer ban, potential points deduction) were disproportionate, while FIFA and CAS upheld them as standard practice.

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

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