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CAS 2021 A 8246 (CAS)

Why it matters

This case clarifies that a FIFA communication merely informing parties of the consequences of failing to pay procedural costs is not an appealable decision. It reinforces that parties must comply with procedural rules to preserve appeal rights, and that a denial of justice claim cannot be based on a party's own non-compliance.

Summary

Football Club Astana appealed a FIFA letter that refused to provide the grounds of a prior decision because the club had not paid the required procedural costs. The club argued this was a denial of justice and that the letter was an appealable decision. The CAS Sole Arbitrator found that the letter was merely informative, not a ruling, and thus not appealable. The club had been properly informed of the need to pay costs within 20 days to receive the grounds, but failed to do so without explanation. The Sole Arbitrator held that the club could not claim denial of justice when its own conduct caused the loss of opportunity. The appeal was dismissed, and the club was ordered to pay CHF 3,000 towards the coach's legal costs.

The detail

Parties: Football Club Astana v. FIFA & Roman Grygorchuk

Case number: CAS 2021 A 8246

Outcome: Appeal dismissed; FIFA's letter of 29 July 2021 confirmed; FC Astana ordered to pay CHF 3,000 to Grygorchuk for legal costs.

Quantum: CHF 3,000

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Annexe 8; CAS Code of Sports-related Arbitration; FIFA Procedural Rules (Players' Status Committee and DRC).

Issues in play: The case concerned whether FIFA's letter refusing to provide grounds for a decision due to non-payment of procedural costs was an appealable decision. The Sole Arbitrator held it was not a denial of justice because the club's own failure to pay costs caused the situation.

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

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