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CAS 2024 A 10582 (CAS)

Why it matters

This case clarifies that a club's inability to obtain central bank approval for foreign payments does not excuse non-payment under FIFA's disciplinary framework. The CAS upheld the fine for repeated late payments, reinforcing that clubs must comply with transfer payment deadlines regardless of domestic currency restrictions, and that FIFA's sanctioning system is proportionate.

Summary

Banfield (Argentina) and León (Mexico) signed a temporary transfer contract for player Nicolás Sosa Sánchez on 23 December 2022, with a total price of USD 200,000 payable in six installments from January to November 2023. Banfield paid only the first installment (late) and failed to pay the remaining five installments totaling USD 165,000. Banfield argued that Argentine currency controls (SIRASE system) prevented it from making the payments, and that clause 13 of the contract made payment conditional on central bank approval. León filed a claim with the FIFA DRC, which ordered Banfield to pay the outstanding amount plus 5% annual interest and imposed a USD 22,500 fine under Article 12bis RSTP for repeated late payments. Banfield appealed to CAS. The Sole Arbitrator rejected Banfield's force majeure defense, finding that Banfield did not prove it had taken all necessary steps to obtain approval (e.g., it did not show León the applications, and some applications were made after due dates). The Arbitrator held that clause 13 required Banfield to demonstrate diligent efforts, which it failed to do. The fine was upheld as proportionate (13.63% of the debt) and justified by Banfield's three prior similar infractions. The appeal was dismissed in full, and Banfield was ordered to pay CHF 6,000 toward León's legal costs.

The detail

Parties: CA Banfield c. Club León & FIFA ES

Case number: CAS 2024 A 10582

Outcome: Appeal dismissed; CAS confirmed FIFA DRC decision ordering Banfield to pay USD 165,000 plus interest and a USD 22,500 fine.

Quantum: USD 165,000 plus interest; USD 22,500 fine

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

Issues in play: Force majeure vs. contractual obligation to pay; whether Argentine currency controls excused Banfield's non-payment under the contract's clause 13.

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

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