CAS 2023 A 10002
CAS · Football (FIFA / CAS) · Switzerland · 14 Oct 2024
Why it matters
This case clarifies that under the FIFA Clearing House Regulations, a waiver of training compensation must be uploaded during the EPP review process to be considered. It also confirms that a training club with a potential interest in the outcome must be joined as a respondent in CAS appeals; failure to do so can lead to dismissal of the appeal.
Summary
FK Liepāja appealed a FIFA decision requiring it to pay EUR 7,397.26 in training compensation to Excelsior Maassluis for player Nino Noordanus. The club argued it had a valid waiver from Excelsior, but had failed to upload it during the EPP review process as required by Article 9.7 of the FCHR. The CAS Sole Arbitrator dismissed the appeal because FK Liepāja did not join Excelsior as a respondent, depriving Excelsior of the opportunity to defend its position on the waiver. The Arbitrator held that Excelsior had a direct and legitimate interest in the dispute, and without its joinder, the appeal could not proceed. The decision confirms the importance of procedural compliance under the FCHR and the necessity of joining all interested parties in CAS appeals.
The detail
Parties: FK Liepāja v. FIFA
Case number: CAS 2023 A 10002
Outcome: Appeal dismissed; FIFA's decision confirming training compensation of EUR 7,397.26 payable by FK Liepāja to Excelsior Maassluis is upheld.
Quantum: EUR 7,397.26
Applicable law: FIFA Clearing House Regulations (October 2022 edition), FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law subsidiarily
Issues in play: The case involved procedural rules under the FCHR regarding the timely submission of waivers and the requirement to join a potentially affected club as a respondent in CAS proceedings.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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