CAS 2024 A 10308
CAS · Football (FIFA / CAS) · Switzerland · 20 Jan 2025
Why it matters
This case clarifies the test for sporting succession under FIFA regulations, emphasizing that a club's identity is not solely determined by legal form or shared history. The award highlights that absence of sporting continuity (e.g., different competition levels, no transfer of players or coaches) is a critical factor against finding succession, even if the club publicly associates with the predecessor's history.
Summary
The case concerns a dispute over whether AO Xanthi, an amateur Greek football club, is the sporting successor of Xanthi FC, a professional club that went into liquidation in 2022. The player Radoslav Vasilev had obtained a FIFA DRC decision ordering Xanthi FC to pay him EUR 231,885 for breach of contract. When Xanthi FC failed to pay and was liquidated, the player sought to hold AO Xanthi liable as its sporting successor. The FIFA Disciplinary Committee found AO Xanthi to be the sporting successor, ordering it to pay the debt plus a fine. AO Xanthi appealed to CAS. The Sole Arbitrator conducted a detailed analysis of the elements of sporting succession, including name, colours, logo, history, public perception, sporting continuity, players, coaches, ownership, and sponsors. He found that while AO Xanthi shared the same name, colours, and logo with Xanthi FC, and publicly associated itself with the club's history, there was no sporting continuity: Xanthi FC played in professional leagues until 2022, while AO Xanthi had not participated in organized football for 33 years and only re-entered at the lowest amateur level. No players or coaches transferred between the clubs. The Arbitrator concluded that the balance of factors weighed against sporting succession, and therefore AO Xanthi was not liable for Xanthi FC's debts. The appeal was upheld, the FIFA decision set aside, and costs were shared between FIFA and the player.
The detail
Parties: AO Xanthi v. FIFA & Radoslav Vasilev
Case number: CAS 2024 A 10308
Outcome: AO Xanthi's appeal upheld; FIFA Disciplinary Committee decision set aside; AO Xanthi not sporting successor of Xanthi FC and not liable for its debts.
Applicable law: FIFA Disciplinary Code (FDC), particularly Article 21; CAS jurisprudence on sporting succession.
Issues in play: The key issue was whether AO Xanthi was the sporting successor of Xanthi FC, which would make it liable for the latter's debts. The tribunal weighed multiple factors including name, colours, logo, history, public perception, and sporting continuity.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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