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CAS 2022 A 9243 (CAS)

Why it matters

This case clarifies the criteria for what constitutes an 'appealable decision' by FIFA to the CAS, emphasizing that not all communications, especially purely informative ones, can be challenged. It reinforces the importance of adhering to procedural deadlines and the formal requirements for initiating claims, highlighting that a party cannot appeal an informative letter when the actual appealable decision (closure of the initial claim) was issued earlier and was time-barred.

Summary

Pyramids FC, an Egyptian football club, initiated a claim against Istanbul Basaksehir, a Turkish club, before FIFA's Player's Status Chamber on 15 August 2020, concerning a player transfer fee (FPSD-7068). FIFA requested Pyramids FC to complete its claim with necessary formalities and payment by 29 August 2022. Pyramids FC requested an extension, but on 2 September 2022, FIFA informed them that their petition was deemed withdrawn and the file closed due to non-compliance with Article 18 of the Procedural Rules Governing the Football Tribunal. This was the 'First FIFA Letter.' On 5 September 2022, Pyramids FC filed a new, identical claim, which FIFA processed under a new reference (FPSD-7346). Pyramids FC then sought clarification from FIFA regarding the status of the initial FPSD-7068 proceedings, arguing it should still be pending. On 5 October 2022, FIFA responded (the 'Second FIFA Letter'), reiterating the closure of the initial case and stating that all further correspondence should relate to the new FPSD-7346 case. Pyramids FC appealed the 'Second FIFA Letter' of 5 October 2022 to the Court of Arbitration for Sport (CAS), challenging its admissibility. FIFA and Istanbul Basaksehir requested bifurcation of the proceedings, arguing the appeal was inadmissible. The Sole Arbitrator, Mr. Kepa Larumbe, decided to issue a preliminary award on the admissibility of the appeal. The central issue was whether the 5 October 2022 letter constituted an appealable decision under CAS jurisprudence and FIFA Statutes. CAS jurisprudence, as summarized in CAS 2020/A/6912, states that a communication is appealable if it contains a 'ruling' with 'animus decidendi' (intention to decide) and produces legal effects, regardless of its form (e.g., a letter). The Sole Arbitrator concluded that the 'First FIFA Letter' of 2 September 2022 was the formal decision, as it explicitly stated the petition was deemed withdrawn and the file closed due to non-compliance with Article 18 of the Procedural Rules. This letter had legal effects. In contrast, the 'Second FIFA Letter' of 5 October 2022 was purely informative, merely reiterating the closure of the initial case and providing updates on the new case. It lacked the 'animus decidendi' required for an appealable decision. Therefore, the appeal against the 5 October 2022 letter was declared inadmissible. The Sole Arbitrator also noted that even if the appeal had been directed against the 2 September 2022 letter, it would have been time-barred, as the 21-day deadline under Article 58(1) of the FIFA Statutes would have expired on 23 September 2022. Pyramids FC was ordered to bear the arbitration costs and pay CHF 3,000 to Istanbul Basaksehir.

The detail

Parties: Pyramids FC v. Istanbul Basaksehir & FIFA

Case number: CAS 2022 A 9243

Outcome: The appeal filed by Pyramids FC against FIFA's letter of 5 October 2022 was declared inadmissible, and Pyramids FC was ordered to bear the arbitration costs and pay CHF 3,000 to Istanbul Basaksehir.

Quantum: CHF 3,000

Applicable law: CAS Code (Articles R47, R48, R51, R58, R64.4, R64.5), FIFA Statutes (Articles 56(2), 57(1), 58(1)), FIFA Procedural Rules Governing the Football Tribunal (Article 18, Article 25 par. 3 and 4), FIFA Regulations on the Status and Transfer of Players (Article 23 par. 3), Swiss Private International Law Act (Article 186(3)). Primarily FIFA regulations, subsidiarily Swiss law.

Issues in play: The central legal question revolved around the admissibility of an appeal to CAS, specifically whether FIFA's 5 October 2022 letter constituted an 'appealable decision' with 'animus decidendi' (intention to decide) under CAS jurisprudence and FIFA Statutes. The case also touched upon procedural deadlines for appeals.

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

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