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CAS 2023 A 9940 (CAS)

Why it matters

This case clarifies that CAS applies de novo review to FIFA Clearing House decisions, meaning new evidence (like a waiver) can be introduced even if not previously submitted. It reinforces that procedural negligence before FIFA does not bar a club from presenting evidence on appeal, absent abuse. The ruling underscores the primacy of substantive justice over administrative formalities in sports arbitration.

Summary

FK Shkupi, a North Macedonian club, signed professional player Stefan Mitrev. FC Aarau and FC Baden, Swiss clubs where Mitrev played as an amateur, sent FK Shkupi a letter waiving any claim to training compensation in exchange for 5% of a future transfer fee. When FK Shkupi registered Mitrev, FIFA's Clearing House automatically generated an Electronic Player Passport (EPP) and, after FK Shkupi failed to upload the waiver during the review period, FIFA issued decisions ordering FK Shkupi to pay training compensation to FC Aarau (EUR 60,739.73) and FC Baden (EUR 30,136.99). FK Shkupi appealed to CAS, arguing the waiver should be recognized. FIFA argued that the waiver was not uploaded to TMS and therefore could not be considered. The Sole Arbitrator held that CAS reviews FIFA decisions de novo, meaning it can consider new evidence. The waiver was valid and undisputed, so the appealed decisions were set aside. FIFA was ordered to pay CHF 2,000 towards FK Shkupi's legal costs.

The detail

Parties: & 9941 1927 FK Shkupi v. FIFA & FC Aarau & FC Baden

Case number: CAS 2023 A 9940

Outcome: Appeal upheld; FIFA decisions set aside; FIFA ordered to pay CHF 2,000 towards FK Shkupi's legal costs.

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Clearing House Regulations (FCHR), Swiss law

Issues in play: The case involved the FIFA Clearing House automated process for training compensation versus a private waiver agreement between clubs. The key issue was whether a waiver not uploaded to TMS could be considered on appeal.

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

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