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CAS 2024 A 10453 (CAS)

Why it matters

This award reinforces the strict application of FIFA's Electronic Player Passport (EPP) process and the mandatory joinder of affected third parties in CAS appeals. It clarifies that waivers submitted after the EPP review period cannot be considered unless the beneficiary club is joined as a respondent, protecting due process rights. The decision underscores the importance of timely compliance with FIFA's procedural rules and the consequences of failing to join necessary parties.

Summary

Hapoel Tel Aviv FC appealed a FIFA decision ordering it to pay EUR 204,356.16 in training compensation to Olympique Lyonnais (OL) for the transfer of player Noam Bonnet. Hapoel argued that OL had waived its right to training compensation, submitting a waiver letter allegedly from OL. However, Hapoel had failed to upload any waiver during the EPP review process as required by FCHR Article 9(7). The CAS Sole Arbitrator dismissed the appeal on procedural grounds: Hapoel did not name OL as a respondent, violating the doctrine of passive mandatory joinder. Without OL as a party, the arbitrator could not verify the waiver's validity or give OL an opportunity to be heard. The arbitrator confirmed FIFA's decision, holding that the appeal could not proceed without the affected third party. Hapoel was ordered to bear the arbitration costs.

The detail

Parties: Hapoel Tel Aviv v. FIFA

Case number: CAS 2024 A 10453

Outcome: Appeal dismissed; FIFA's decision to order Hapoel to pay training compensation of EUR 204,356.16 to Olympique Lyonnais is confirmed.

Quantum: EUR 204,356.16

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 procedural requirement under FCHR Article 9(7) that waivers of training compensation must be uploaded during the EPP review process, and the doctrine of passive mandatory joinder requiring the affected club (OL) to be a party to the appeal.

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

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