CAS 2023 A 9755
CAS · Football (FIFA / CAS) · Switzerland · 19 Mar 2024
Why it matters
This case clarifies the criteria for sporting succession under FIFA's Disciplinary Code, emphasizing that a club's identity transcends its legal entity. It also addresses the creditor's diligence requirement, holding that a player is not expected to monitor foreign insolvency proceedings if not properly notified. The decision reinforces that sporting succession can override national insolvency protections to protect player creditors.
Summary
FC Kosice a.s. (New Club) appealed a FIFA Disciplinary Committee decision that it was the sporting successor of FC VSS Kosice (Old Club) and liable for the Old Club's debt to player Oumar Diaby. The Old Club had been ordered in 2016 to pay Diaby EUR 22,138.77 plus interest, but only paid EUR 7,350 before ceasing activities in 2017. The Old Club entered restructuring in 2019, and Diaby did not register his claim. The New Club was formed in 2018 via a merger of two other clubs, adopting a similar name, colours, logo, stadium, and even inheriting youth players and a manager from the Old Club. The FIFA Disciplinary Committee found sporting succession based on these elements and that Diaby had not been properly notified of the restructuring, so he was not at fault for failing to claim. The CAS Sole Arbitrator upheld this decision, applying Article 21(4) of the FIFA Disciplinary Code and CAS jurisprudence. He found that the New Club shared significant similarities with the Old Club, including name, colours, logo, stadium, and public perception, and that Diaby had acted diligently. The appeal was dismissed, and the New Club was ordered to pay the outstanding amount plus interest and a fine.
The detail
Parties: FC Kosice AS v. Oumar Diaby & FIFA
Case number: CAS 2023 A 9755
Outcome: CAS dismissed the appeal, confirming the FIFA Disciplinary Committee decision that FC Kosice is the sporting successor of FC VSS Kosice and liable to pay EUR 14,788.77 plus interest to the player, and a CHF 2,000 fine.
Quantum: EUR 14,788.77 plus 5% interest p.a. from specified dates, and CHF 2,000 fine
Applicable law: FIFA Disciplinary Code (2023 edition), FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law subsidiarily
Issues in play: The concept of sporting succession under FIFA regulations versus national insolvency law; the player's duty of diligence in claiming his credit in restructuring proceedings.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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