CAS 2023 A 9938
CAS · Football (FIFA / CAS) · Switzerland · 26 Apr 2024
Why it matters
This case clarifies that under the FFAR, a criminal conviction need not be final and binding to disqualify an applicant from obtaining a FIFA Football Agent license. The CAS Panel held that the plain language of Art. 5(1)(a) ii ('never have been convicted') and the deletion of 'final and binding' from earlier drafts show FIFA's intent to exclude even non-final convictions. It also confirms that 'damage with violence' under Portuguese law qualifies as a violent crime under the FFAR.
Summary
José Pedro da Silva Maia Pinho, a former Portuguese football intermediary, applied for a FIFA Football Agent license under the transitional provisions of the FFAR, which exempted former agents from the exam if they met eligibility requirements. FIFA rejected his application because he had been convicted by a Portuguese criminal court of 'damage with violence' (a crime involving violence against a person and property damage). Pinho appealed to CAS, arguing that the conviction was not final (pending appeal) and that the crime did not fall under the FFAR's disqualifying categories. The CAS Panel dismissed the appeal. It found that the conviction for 'damage with violence' clearly falls under Art. 5(1)(a) ii FFAR, which disqualifies applicants convicted of violent crimes. The Panel also held that the FFAR does not require the conviction to be final; the wording 'never have been convicted' and the deliberate removal of 'final and binding' from earlier drafts indicate that a first-instance conviction suffices. The Panel noted that if the conviction is later overturned, Pinho may reapply. The decision upholds FIFA's strict eligibility standards for football agents.
The detail
Parties: José Pedro da Silva Maia Pinho v. FIFA
Case number: CAS 2023 A 9938
Outcome: Appeal dismissed; FIFA's decision to reject the license application upheld.
Applicable law: FIFA Football Agent Regulations (FFAR), Swiss Civil Code
Issues in play: Whether a first-instance criminal conviction (not yet final) disqualifies an applicant under Art. 5(1)(a) ii FFAR, and whether the conviction for 'damage with violence' qualifies as a violent crime.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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