CAS 2023 A 9356
CAS · Football (FIFA / CAS) · Switzerland · 26 Sept 2024
Why it matters
This case clarifies the interplay between national insolvency proceedings and FIFA disciplinary sanctions. It confirms that a club's inability to freely manage its assets due to a confirmed pre-insolvency agreement can justify closing disciplinary proceedings, even if the player's claim is reduced. The decision underscores the discretion of FIFA's Disciplinary Committee and the importance of respecting national insolvency frameworks in football governance.
Summary
The case concerns an appeal by a player against a FIFA Disciplinary Committee decision to close disciplinary proceedings against RNK Split. The player had obtained a FIFA DRC decision ordering the club to pay EUR 187,568 (outstanding remuneration and compensation). The club entered pre-insolvency proceedings in Croatia, resulting in a Pre-Insolvency Agreement that rejected part of the player's claim and reduced the remainder to 30%, payable over 5 years. The player argued the club should still be sanctioned for non-compliance. The CAS Sole Arbitrator upheld the FIFA decision, finding that the club was prevented from freely managing its assets due to the binding Pre-Insolvency Agreement, which was confirmed by Croatian courts. The Arbitrator applied Article 55(b) FDC, which allows closure of disciplinary proceedings when a party is under insolvency or bankruptcy proceedings. The appeal was dismissed, and the player was ordered to bear the arbitration costs. The case highlights the tension between FIFA's enforcement mechanisms and national insolvency laws, and the discretion of disciplinary bodies in such circumstances.
The detail
Parties: E. v. RNK Split & FIFA
Case number: CAS 2023 A 9356
Outcome: Appeal dismissed; FIFA Disciplinary Committee's decision to close proceedings against the club confirmed.
Applicable law: FIFA Disciplinary Code (FDC), specifically Article 55(b); CAS Code of Sports-related Arbitration
Issues in play: Whether a pre-insolvency agreement under Croatian law prevented the club from complying with a FIFA DRC decision, thus justifying closure of disciplinary proceedings under Article 55(b) FDC.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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