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CAS 2022 A 8614 (CAS)

Why it matters

This case reaffirms the strict enforcement of FIFA disciplinary sanctions for non-compliance with CAS awards. It clarifies that financial hardship, even from the COVID-19 pandemic or a third party's failure to pay, does not constitute force majeure excusing payment. The decision underscores the importance of pacta sunt servanda in football transfers and the deterrent effect of fines and transfer bans.

Summary

FC Chiasso transferred player Rai Vloet from NAC Breda to Frosinone Calcio in 2018. Chiasso was ordered by FIFA and CAS to pay NAC EUR 399,000 plus interest for the transfer. Chiasso failed to pay, arguing that Frosinone did not pay the transfer fee due to the player's alleged heart condition, and that the COVID-19 pandemic caused financial difficulties. FIFA's Disciplinary Committee imposed a fine of CHF 20,000 and a potential transfer ban. Chiasso appealed to CAS. The Sole Arbitrator dismissed the appeal, holding that financial difficulties and third-party non-payment do not justify non-compliance. The tribunal applied the FIFA Disciplinary Code and CAS jurisprudence, finding no force majeure. The decision confirms that clubs must ensure they can meet their financial obligations, and that disciplinary sanctions are proportionate and serve as a deterrent.

The detail

Parties: FC Chiasso 2005 SA v. FIFA_redacted

Case number: CAS 2022 A 8614

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; FC Chiasso ordered to pay EUR 399,000 plus interest and CHF 20,000 fine, with potential transfer ban.

Quantum: EUR 399,000 plus 5% p.a. from 31 July 2018, EUR 4,000 legal costs, CHF 20,000 fine

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

Issues in play: The principle of pacta sunt servanda (agreements must be kept) versus force majeure due to COVID-19 and third-party non-payment. The tribunal held that financial difficulties and non-payment by a third party do not excuse non-compliance with a final award.

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

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