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CAS 2024 A 10609 (CAS)

Why it matters

This case confirms that a CAS award remains final and binding even while an appeal to the Swiss Federal Tribunal is pending, unless a stay is granted. It also reinforces that FIFA disciplinary committees have no power to review the merits of a CAS award and that sanctions for non-compliance (here a CHF 20,000 fine and threat of a registration ban) are proportionate and will be upheld by CAS unless grossly disproportionate.

Summary

Alanyaspor Kulübü appealed a FIFA Disciplinary Committee decision that found the club in breach of Art. 21 of the FIFA Disciplinary Code for failing to comply with a prior CAS award (CAS 2023/A/9574). That award had ordered Alanyaspor to pay player Davidson da Luz Pereira EUR 296,000 plus interest and costs. The club did not pay and instead appealed the CAS award to the Swiss Federal Tribunal, arguing that the disciplinary proceedings should be stayed pending that appeal. The FIFA Disciplinary Committee rejected this argument, imposed a CHF 20,000 fine, and gave the club 30 days to pay or face a registration ban. Alanyaspor appealed to CAS, arguing violation of fair trial rights and disproportionality of the sanction. The CAS Sole Arbitrator dismissed the appeal, holding that the appeal to the Swiss Federal Tribunal had no automatic suspensive effect and that the club had not requested a stay. The disciplinary proceedings were independent and could not be stayed as a 'preliminary issue'. The sanction was proportionate and in line with FIFA's standard practice. The Swiss Federal Tribunal later dismissed the club's appeal against the CAS award on 1 July 2024. The CAS award confirms the FIFA Disciplinary Committee's decision in full.

The detail

Parties: Alanyaspor Kulübü v. Davidson da Luz Pereira & FIFA

Case number: CAS 2024 A 10609

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Alanyaspor ordered to pay player amounts due under prior CAS award plus CHF 20,000 fine and CHF 5,000 contribution to player's legal costs.

Quantum: EUR 296,000 plus interest and CHF 20,000 fine

Applicable law: FIFA Disciplinary Code (2023 edition), Swiss PILA, CAS Code

Issues in play: The collision was between the finality and enforceability of a CAS award pending an appeal to the Swiss Federal Tribunal (which has no automatic suspensive effect) and the Club's argument that the disciplinary proceedings should be stayed as a 'preliminary issue'.

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

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