CAS 2022 A 8752
CAS · Football (FIFA / CAS) · Switzerland · 16 Jan 2022
Why it matters
This case reinforces the strict application of procedural deadlines in sports arbitration, particularly the requirement to pay the appeal fee on time. It clarifies that external factors such as bank processing delays do not excuse non-compliance, and that adherence to formalities is essential for legal certainty. The decision also distinguishes between the appeal fee as a condition of admissibility and the allocation of costs, rejecting the argument that acceptance of the late payment implied tacit admission of the appeal.
Summary
The case arises from a FIFA World Cup qualifier match between Honduras and Jamaica on 13 October 2021, during which spectators chanted the word 'culero' at the referee. The FIFA Disciplinary Committee fined the Honduran Football Association (FENAFUTH) CHF 30,000 and ordered a partial stadium closure for the next home match. FENAFUTH appealed to the FIFA Appeal Committee, but the appeal was declared inadmissible because the CHF 1,000 appeal fee was paid two days after the deadline. FENAFUTH then appealed to the Court of Arbitration for Sport (CAS), arguing that the late payment was due to circumstances beyond its control (the deadline fell on a Saturday, and the bank processed the transfer on the next business day). FENAFUTH also argued that the FIFA Appeal Committee's decision to allocate the paid amount to procedural costs constituted tacit acceptance of the appeal. The CAS Sole Arbitrator rejected these arguments, holding that Article 56(6) of the FIFA Disciplinary Code clearly requires the fee to be paid 'at the latest at the time the appeal brief is submitted'. The fact that the deadline fell on a non-business day did not excuse the late payment, as the appellant could have arranged the transfer earlier. The arbitrator also distinguished between the appeal fee as a condition of admissibility and the allocation of costs, noting that the FIFA Appeal Committee's decision to set off the paid amount against costs did not imply acceptance of the appeal. The CAS confirmed the inadmissibility decision, emphasizing that strict compliance with procedural formalities is necessary for legal certainty and to avoid arbitrary decisions. The award was rendered without costs, except for the CAS court office fee already paid by FENAFUTH.
The detail
Parties: Federación Nacional Autónoma de Futbol de Honduras (FENAFUTH) v. FIFA
Case number: CAS 2022 A 8752
Outcome: The appeal is dismissed; the FIFA Appeal Committee's decision declaring the appeal inadmissible is confirmed.
Applicable law: FIFA Disciplinary Code (2019 edition), Articles 13, 34, 45, 56; CAS Code of Sports-related Arbitration (2021 edition), Articles R48, R51, R55, R57, R65.
Issues in play: The case concerns the strict application of procedural requirements for appeals under the FIFA Disciplinary Code, specifically the requirement to pay the appeal fee by the time the appeal brief is submitted. The appellant argued that the late payment was due to circumstances beyond its control (bank processing delays over a weekend), but the CAS held that the rule is clear and must be strictly applied, rejecting the argument of 'excessive formalism'.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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