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CAS 2023 A 9780 (CAS)

Why it matters

This case clarifies the strict application of FIFA's digital notification system (FIFA Legal Portal) and the consequences of failing to register or check it promptly. It reinforces that notification is deemed effective when a party has the opportunity to access the decision, regardless of actual knowledge. The ruling underscores the importance of adhering to procedural deadlines in football disputes.

Summary

Royal AM FC (the Club) appealed a FIFA DRC decision that ordered it to pay outstanding salaries and compensation to player Samir Nurković for breach of contract without just cause. The Club argued it had not been properly notified of the decision because its counsel had not received an email notification, only a portal update. The CAS Panel found that FIFA had implemented the FIFA Legal Portal as the mandatory communication channel as of 1 May 2023, and the Club had been informed of this change. The operative part of the DRC decision was notified via the portal on 3 May 2023, and the Club itself received an email alert. The Club's counsel registered late (8 May) and did not check the portal. Under Article 15(5) of the Procedural Rules, the Club had 10 days from notification to request the grounds; it failed to do so by 13 May. Therefore, the decision became final and binding. The Club's appeal on 5 July 2023 was out of time. The CAS Panel dismissed the appeal as inadmissible, ordered the Club to pay CHF 4,000 towards the Player's legal costs, and bear its own costs. The case highlights the strict enforcement of digital notification rules in FIFA proceedings.

The detail

Parties: Royal AM FC v. Samir Nurkovic & FIFA

Case number: CAS 2023 A 9780

Outcome: The appeal was dismissed as inadmissible. Royal AM FC must pay CHF 4,000 towards the First Respondent's legal fees and bear its own costs.

Quantum: CHF 4,000

Applicable law: FIFA Regulations on the Status and Transfer of Players (FIFA RSTP), FIFA Procedural Rules Governing the Football Tribunal, CAS Code of Sports-related Arbitration (CAS Code), Swiss law

Issues in play: The case involved procedural rules on notification via the FIFA Legal Portal versus email, and the time limit for requesting grounds of a decision. The key issue was whether the Appellant had been properly notified of the FIFA DRC decision and whether its appeal was timely.

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

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