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CAS 2024/A/10347 Shaanxi Chang´an Union Football Club v. Raoul Loé & FIFA (CAS)

Why it matters

This case clarifies that FIFA's Head of Judicial Bodies lacks authority to determine sporting succession and impose sanctions; only the FIFA Disciplinary Committee can do so after proper proceedings. It reinforces procedural fairness and the importance of respecting FIFA's internal judicial architecture, preventing circumvention of established bodies.

Summary

Shaanxi Chang'an Union FC (New Club) appealed a FIFA decision that deemed it the sporting successor of the dissolved Shaanxi Chang'an Athletic FC (Old Club) and imposed a registration ban for unpaid debts to player Raoul Loé. The New Club argued it was a separate entity founded before the Old Club's dissolution. The CAS Sole Arbitrator found that the decision was issued by the FIFA Head of Judicial Bodies, an administrative role lacking authority to decide sporting succession or impose disciplinary sanctions under FIFA's statutes and disciplinary code. The proper procedure would have been for the FIFA Disciplinary Committee to initiate proceedings and issue a decision. The CAS annulled the decision and referred the case back to the competent FIFA body, upholding the appeal. The case underscores that FIFA must follow its own procedural rules and that administrative officials cannot bypass judicial bodies.

The detail

Parties: CAS 2024/A/10347 Shaanxi Chang´an Union Football Club v. Raoul Loé & FIFA

Outcome: Appeal upheld; FIFA's decision annulled and case referred back to competent FIFA body.

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) Art. 25.1; FIFA Disciplinary Code (FDC) Arts. 21.4, 21.7, 35; CAS Code

Issues in play: Whether FIFA's Head of Judicial Bodies had authority to decide sporting succession and impose a registration ban, or whether such decision must be made by the FIFA Disciplinary Committee.

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

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