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CAS 2023 A 9424 (CAS)

Why it matters

This case clarifies the strict application of FIFA's notification rules: an email sent to the address in the TMS system is deemed received even if the club's management changes and the new management cannot access the account. It reinforces that clubs must keep their contact details updated and that internal disputes do not excuse procedural deadlines. The decision also confirms that CAS will not overturn FIFA's refusal to provide grounds when the request is late.

Summary

Al Wahda Sports Club, a Syrian football club, hired coach Sinisa Dobrasinovic in May 2022. The coach claimed the club terminated his contract without just cause and filed a claim with FIFA's Football Tribunal. FIFA sent the decision (Findings) to the club's email addresses on 6 January 2023, including the one in the TMS system. The club's new management claimed it could not access those emails because the old management refused to give passwords. The club requested the grounds of the decision on 18 January 2023, 12 days after notification. FIFA refused, stating the 10-day deadline had passed, making the decision final. The club appealed to CAS, arguing it was not properly notified and its due process rights were violated. CAS dismissed the appeal, holding that FIFA's notification to the TMS email was valid under Article 10(4) of the Procedural Rules and Swiss law. The club had access to that email (as shown by TMS logins) and internal management issues did not affect the validity of notification. Therefore, the request for grounds was late, and FIFA correctly treated the decision as final. CAS confirmed FIFA's decision and ordered the club to pay CHF 2,000 to the coach.

The detail

Parties: Al Wahda Sports Club v. FIFA & Sinisa Dobrasinovic

Case number: CAS 2023 A 9424

Outcome: The appeal was dismissed. The CAS confirmed FIFA's decision not to provide the grounds of its earlier decision because the Club's request was late. The Club must pay CHF 2,000 to the Coach as a contribution to legal costs.

Quantum: CHF 2,000

Applicable law: FIFA Procedural Rules (Football Tribunal), CAS Code of Sports-related Arbitration, Swiss law

Issues in play: The case involved the interpretation of notification rules under FIFA Procedural Rules and Swiss law, specifically whether an email sent to the Club's TMS address constituted valid notification, and whether the Club's internal management change excused its failure to access that email.

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

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