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CAS 2022 A 8966 (CAS)

Why it matters

This case reinforces the doctrine of sporting succession in football, holding that a club cannot escape its predecessor's financial obligations by changing its legal form or name. It clarifies the distinction between execution measures under RSTP and disciplinary sanctions under the FDC, and confirms that disciplinary proceedings are not barred by lis pendens when based on different legal grounds.

Summary

1928 Bucaspor (the New Club) appealed a FIFA Disciplinary Committee decision that found it to be the sporting successor of Bucaspor Kulubu Dernegi (the Old Club) and held it liable for the Old Club's debt to player Eduardo Fernandes Pereira Gomes. The Old Club had been ordered in 2020 to pay EUR 616,000 plus interest and a EUR 200,000 penalty. When it failed to pay, FIFA imposed a transfer ban. The player then sought disciplinary sanctions against the New Club, alleging it was the sporting successor. The FIFA DisCo agreed, noting the New Club had adopted the same logo, colours, stadium, and several players, and changed its name to closely resemble the Old Club. The New Club argued it was a separate legal entity and that the disciplinary proceedings violated lis pendens because the DRC decision on succession was under appeal. The CAS Panel dismissed the appeal, holding that the FIFA DisCo made an independent assessment of sporting succession based on factors like name, logo, colours, stadium, and players. It found no violation of lis pendens because the DRC proceedings (execution measures) and disciplinary proceedings (sanctions) were based on different legal provisions and had different purposes. The Panel confirmed the DisCo's decision, ordering the New Club to pay the debt and penalty, a CHF 30,000 fine, and costs.

The detail

Parties: 1928 Bucaspor v. Fernandes Pereira & FIFA

Case number: CAS 2022 A 8966

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; 1928 Bucaspor ordered to pay EUR 616,000 plus interest and EUR 200,000 penalty to the player, a CHF 30,000 fine to FIFA, and bear arbitration costs and contribute CHF 4,000 to the player and CHF 1,000 to FIFA.

Quantum: EUR 616,000 plus interest and EUR 200,000 penalty

Applicable law: FIFA Disciplinary Code (FDC) 2019, particularly Article 15; FIFA Regulations on the Status and Transfer of Players (RSTP) Article 24bis; CAS Code of Sports-related Arbitration

Issues in play: The case involved the principle of sporting succession under FIFA regulations versus the club's argument that it was a separate legal entity. The FIFA DisCo and CAS applied the sporting succession test based on factors like name, logo, colours, stadium, and players, finding the new club liable for the old club's debts.

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

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