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CAS 2021 A 8290 (CAS)

Why it matters

This case clarifies that a FIFA confirmation letter issued under Article 13 of the Procedural Rules, which merely confirms a proposal has become binding due to a party's failure to respond, is not an appealable decision. It reinforces the importance of timely appeals against the original decision and prevents parties from artificially extending appeal deadlines by challenging subsequent informative correspondence.

Summary

Club Menemenspor (Turkish club) appealed a FIFA letter dated 12 August 2021, which stated that a proposal for training compensation had become binding because Menemenspor failed to respond. The underlying dispute involved training compensation for player Gentian Selmani, who transferred from KF Laci (Albanian club) to Menemenspor. FIFA's Dispute Resolution Chamber had issued a proposal under Article 13 of the Procedural Rules, which Menemenspor did not reject, so it became a final and binding decision. Menemenspor later claimed a waiver from KF Laci and argued the confirmation letter was not a proper decision. The CAS Sole Arbitrator held that the letter was merely informative, not a ruling affecting legal rights, and therefore not appealable. The appeal was dismissed as inadmissible, and Menemenspor was ordered to pay costs and a contribution to KF Laci's legal fees.

The detail

Parties: Club Menemenspor v. KF Laci & FIFA

Case number: CAS 2021 A 8290

Outcome: The appeal was declared inadmissible. Club Menemenspor ordered to pay CHF 3,000 to KF Laci as contribution to legal costs.

Quantum: CHF 3,000

Applicable law: FIFA Regulations on the Status and Transfer of Players; CAS Code of Sports-related Arbitration (2021 edition); Swiss law

Issues in play: The case concerned whether a letter from FIFA confirming a proposal had become binding constituted an appealable decision. The Sole Arbitrator applied CAS jurisprudence defining a 'decision' as a ruling that affects legal rights, and found the letter was merely informative.

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

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