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CAS 2024 A 10529 (CAS)

Why it matters

This case underscores the strict liability of national football associations to correctly implement FIFA registration bans, even if they misinterpret the ban due to internal confusion. It reinforces FIFA's compliance mechanism and the importance of uniform enforcement across member associations, setting a precedent that good faith mistakes do not excuse non-compliance.

Summary

The Football Association X (FA) appealed a FIFA Disciplinary Committee decision fining it CHF 30,000 for failing to implement a registration ban on its affiliated club, Futsal. The ban was imposed because the club owed debts to a former player. The FA mistakenly treated the ban as a 'transfer ban' rather than a 'registration ban', allowing 23 new players to be registered. When FIFA investigated, the FA admitted the error, deregistered the players, and implemented internal measures. However, FIFA found the FA liable under Article 21 FDC for non-compliance with a final decision. The FA argued it acted in good faith and was misled by FIFA's unclear communications and the FIFA Legal Portal's terminology. The CAS Panel upheld the decision, noting that the FA, as a national governing body, should have understood the clear wording of the ban. The Panel found the breach serious as it undermined FIFA's compliance system and gave the club an unfair sporting advantage. The fine was deemed proportionate, especially as FIFA had already reduced it from CHF 50,000 considering mitigating factors. The appeal was dismissed, and the FA was ordered to bear its own costs.

The detail

Parties: Football Association X v. FIFA

Case number: CAS 2024 A 10529

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Football Association X ordered to pay CHF 30,000 fine.

Quantum: CHF 30,000

Applicable law: FIFA Disciplinary Code (FDC), FIFA Regulations on the Status and Transfer of Players (RSTP), CAS Code of Sports-related Arbitration

Issues in play: The case involved the interpretation of a 'registration ban' versus a 'transfer ban' under FIFA regulations, and the standard of liability for a national association's failure to implement a FIFA decision.

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

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