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CAS 2023 A 9682 (CAS)

Why it matters

This case highlights the strict enforcement of FIFA's new Clearing House Regulations (FCHR) and the Electronic Player Passport (EPP) review process. It clarifies the high burden of proof for invoking force majeure in sports arbitration, especially when a club's location is not directly affected by a natural disaster and it demonstrates continued activity on the relevant platforms. The decision reinforces the FCHR's objectives of efficiency, transparency, and integrity in the international transfer system, emphasizing that procedural deadlines are to be rigorously observed to prevent uncertainty and potential abuse.

Summary

Tuzlaspor A.S., a Turkish football club, appealed a FIFA General Secretariat decision ordering it to pay EUR 90,191.77 in training compensation for player Baran Kobotan to three French clubs: U.S. Thionville Lusitanos, C.S. Orne Amnéville, and Arnouville F.A.S. Tuzlaspor argued that it was prevented from uploading waivers, which would have exempted it from this payment, due to a major earthquake in Turkey in February 2023, claiming force majeure. The dispute was governed by the FIFA Regulations on the Status and Transfer of Players (RSTP), the FIFA Clearing House Regulations (FCHR), the CAS Code of Sports-Related Arbitration, and Swiss law. Key FCHR provisions, particularly Articles 9.2, 9.3, and 9.7, outline the Electronic Player Passport (EPP) review process and the submission of waivers within strict deadlines. Article 22.2 FCHR addresses force majeure, while Article 8 of the Swiss Civil Code places the burden of proof on the party asserting a fact. The Sole Arbitrator dismissed Tuzlaspor's appeal, confirming the FIFA General Secretariat's decision. The tribunal found that Tuzlaspor failed to meet the high burden of proof for establishing force majeure. While acknowledging the earthquake's tragic nature, the Arbitrator noted that Tuzlaspor's base in Istanbul was over 1,000 km from the epicenter and not among the ten worst-affected provinces. Crucially, evidence showed Tuzlaspor had regularly logged into the FIFA Transfer Matching System (TMS), accessed the player's EPP multiple times, and uploaded other documents during the period it claimed to be incapacitated. The Arbitrator concluded that Tuzlaspor's failure to upload the waivers was due to "inexcusable negligence." Allowing late submissions would undermine the FCHR's core objectives of efficiency, reliability, and preventing abuse within the international transfer system. Consequently, the appeal was dismissed, and Tuzlaspor was ordered to bear the arbitration costs, with each party covering its own legal expenses.

The detail

Parties: Tuzlaspor A.S. v. FIFA, U.S. Thionville, C.S. Orne

Case number: CAS 2023 A 9682

Outcome: The appeal filed by Tuzlaspor A.S. was dismissed, and the FIFA General Secretariat's decision ordering Tuzlaspor to pay training compensation was confirmed.

Quantum: EUR 90,191.77

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Clearing House Regulations (FCHR), CAS Code of Sports-Related Arbitration, Swiss law

Issues in play: The core issue involved the application of FIFA Clearing House Regulations (FCHR) regarding the timely submission of waivers for training compensation. Tuzlaspor invoked force majeure (earthquake) as an excuse for non-compliance, which was assessed under Swiss law principles of force majeure and the burden of proof.

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

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