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CAS 2023 A 10510 (CAS)

Why it matters

This case clarifies the criteria for establishing sporting succession in football, emphasizing that mere similarities in name, legal form, or a few shared players/officials are insufficient. It reinforces the need for a comprehensive analysis of factors such as history, logos, stadium, and public perception, and highlights that players must transfer directly or immediately to indicate succession.

Summary

The player Dayron Alexander Mosquera Mendoza had an employment contract with CSF Speranta Nisporeni (Original Club) from February 2019 to November 2021. In February 2020, he filed a claim with the FIFA DRC for breach of contract, which ruled in his favor, ordering the Original Club to pay USD 39,000 plus interest. The Original Club was disaffiliated in June 2021. The player then sought to hold Club Speranis Nisporeni (First Respondent) liable as the sporting successor. The FIFA Disciplinary Committee rejected this, finding no sporting succession. The player appealed to CAS. The Sole Arbitrator analyzed multiple factors: founding years, logos, colours, social media, stadium, address, name similarity, players/staff, and legal form. Only three players and one official had been with both clubs, but not directly transferred; the name similarity was deemed coincidental; logos and colours differed; and the clubs had different histories and addresses. The Arbitrator concluded that the First Respondent was not the sporting successor, as the similarities were insufficient and outweighed by differences. The appeal was dismissed, and the FIFA decision confirmed.

The detail

Parties: Dayron Alexander Mosquera Mendoza c. Speranis Nisponeri & FIFA

Case number: CAS 2023 A 10510

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; no sporting succession found.

Applicable law: FIFA Disciplinary Code (FDC), CAS Code of Sports-related Arbitration

Issues in play: The key issue was whether the First Respondent was the sporting successor of the Original Club (CSF Speranta Nisporeni), thereby liable for the Original Club's debts under Art. 21 FDC.

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

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