CAS 2022 A 8701
CAS · Football (FIFA / CAS) · Switzerland · 27 Oct 2023
Why it matters
This case is a landmark application of 'sporting succession' in football, clarifying that a new club can be held liable for an old club's debts even if the old club formally continues to exist. It highlights how tribunals assess a club's 'sporting identity' – considering name, logo, colors, players, and public perception – over strict legal distinctions, to prevent clubs from evading financial obligations through rebranding or transferring operations. The decision reinforces the principle that a successor cannot selectively adopt positive commercial attributes without also assuming liabilities.
Summary
Bucaspor Kulubu Dernegi (Original Debtor), a Turkish football club, was ordered by FIFA's Dispute Resolution Chamber (DRC) to pay EUR 616,000 plus interest and a EUR 200,000 penalty to player Eduardo Fernandes Pereira Gomes. Following its relegation and financial distress, a new entity, Bucaspor 1928 Kulubu Ci Sportif Hizmetleri Anonim Sirketi (New Club), emerged. The player requested FIFA to declare the New Club a 'sporting successor' to hold it liable for the outstanding debt, a request the FIFA DRC granted, imposing transfer bans. The New Club appealed this decision to the Court of Arbitration for Sport (CAS). The CAS Panel, applying Article 24ter of the FIFA Regulations on the Status and Transfer of Players (RSTP) and subsidiarily Swiss law, dismissed the appeal and confirmed the FIFA DRC's decision. The Panel found that Bucaspor 1928 was indeed the sporting successor of the Original Debtor. It meticulously examined various criteria for sporting succession, including the clubs' names, logos, team colors, player transfers, stadium usage, sporting history, coaching staff, and administration. Despite the New Club having a different legal form and TFF registration number, and the Original Debtor formally still existing, the Panel concluded that the New Club had systematically appropriated the Original Debtor's identity. Key factors included the New Club's adoption of the Original Debtor's name (Bucaspor 1928, referencing the Original Debtor's founding year), an almost identical logo, the same team colors, the transfer of several players and a coach, and the use of the same stadium. The Panel emphasized that the concept of sporting succession aims to prevent clubs from evading financial obligations by rebranding or transferring their sporting operations, and that public perception of continuity is a significant factor. The decision reinforces that a successor cannot selectively adopt positive commercial attributes without also assuming liabilities. Consequently, CAS ordered Bucaspor 1928 to bear the arbitration costs and pay CHF 5,000 to the player as a contribution to his legal fees.
The detail
Parties: Bucaspor 1928 v. Eduardo Fernandes Pereira & FIFA
Case number: CAS 2022 A 8701
Outcome: The appeal filed by Bucaspor 1928 Kulubu Ci Sportif Hizmetleri Anonim Sirketi was dismissed, confirming the FIFA DRC decision that it is the sporting successor of Bucaspor Kulubu Dernegi and liable for its financial obligations, and ordering it to pay CHF 5,000 to the Player for legal fees.
Quantum: CHF 5,000
Applicable law: FIFA Regulations, specifically Article 24ter of the FIFA Regulations on the Status and Transfer of Players (January 2021 edition), subsidiarily Swiss law, and the CAS Code of Sports-related Arbitration.
Issues in play: The case primarily involved the principle of 'sporting succession' under FIFA RSTP Article 24ter, which aims to prevent clubs from evading financial obligations by transferring their sporting identity to a new legal entity. It required assessing various criteria to determine if a new club had effectively taken over the sporting operations and identity of an indebted 'Original Debtor' club.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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