CAS 2024 A 10384
CAS · Football (FIFA / CAS) · Switzerland · 21 Feb 2025
Why it matters
This case is a landmark in sports governance, setting a precedent for how football's governing bodies address sexual misconduct and gender-based micro-aggressions by high-ranking officials. It underscores FIFA's commitment to protecting the integrity of the sport and promoting gender equality, and clarifies the standard of review for disciplinary sanctions on appeal.
Summary
Luis Rubiales, then president of the Spanish Football Federation (RFEF) and UEFA vice-president, was involved in several incidents during the 2023 FIFA Women's World Cup final. After Spain's victory, he grabbed his genitals in the VVIP area, kissed player Jennifer Hermoso on the lips without consent, carried another player over his shoulder, and gave a peck on the cheek to a third player. The kiss sparked global outrage. FIFA's Disciplinary Committee opened proceedings under Article 13 of the FIFA Disciplinary Code (FDC), which prohibits offensive behaviour and violations of fair play. On 26 October 2023, the committee imposed a three-year ban from all football-related activities. Rubiales appealed to the FIFA Appeal Committee, which upheld the ban on 16 January 2024. He then appealed to the Court of Arbitration for Sport (CAS). The CAS panel, composed of Lars Hilliger (President), Martin Schimke, and Janie Soublière, heard the case. Rubiales argued that the kiss was consensual and that the incidents were minor, but the panel found that the kiss was non-consensual and that the genital gesture was offensive. The panel considered mitigating factors (no prior sanctions, lack of sexual intent, tardy apology) but found them outweighed by aggravating factors: the high-profile nature of the event, Rubiales' senior position, the multiple incidents, the overwhelmingly negative public reaction, and the damage to football's reputation. The panel upheld the three-year ban, finding it proportionate and not a violation of Rubiales' human rights. The award was issued without costs, and each party bore its own legal fees.
The detail
Parties: Luis Rubiales v. FIFA
Case number: CAS 2024 A 10384
Outcome: Appeal dismissed; three-year ban from football-related activities upheld.
Applicable law: FIFA Disciplinary Code (FDC), specifically Article 13 (offensive behaviour and violations of fair play); CAS Code of Sports-related Arbitration
Issues in play: The case involved the interpretation of Article 13 FDC regarding offensive behaviour and violations of fair play, and the proportionality of sanctions under FIFA's disciplinary framework.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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