CAS 2024/A/11090 Emilio Nsue López v. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 28 Jul 2025
Why it matters
This case clarifies that a player who has represented one national association in official youth competitions cannot switch to another association without a formal change of association approval, even if he holds the second nationality by birth. It reinforces the strict application of FIFA's eligibility rules and the duty of players to exercise diligence regarding their own eligibility. The decision also confirms CAS's deferential standard of review for disciplinary sanctions, requiring them to be 'evidently and grossly disproportionate' to be overturned.
Summary
Emilio Nsue López, a professional footballer with both Spanish and Equatoguinean nationalities, played for Spanish youth teams from 2005 to 2011. In 2013, he began playing for Equatorial Guinea's senior team without obtaining the required change of association from FIFA. FIFA denied the change of association request in December 2013, but Nsue continued to play for Equatorial Guinea in 42 matches, including World Cup qualifiers. In 2024, FIFA's Disciplinary Committee found him in breach of Article 5.3 RGAS (eligibility) and Article 19 FDC (fielding ineligible player) and imposed a six-month ban from playing for any representative team. The FIFA Appeal Committee upheld the ban. Nsue appealed to CAS, arguing that he held Equatoguinean nationality by birth and was unaware of the eligibility rules. The CAS Panel dismissed the appeal, holding that the player was ineligible because he had never obtained a favourable change of association decision. The Panel found that the player bore personal responsibility for his ineligibility, as he was aware of the disciplinary sanctions against the federation for fielding him. The six-month ban was not 'evidently and grossly disproportionate' given the seriousness of the violation and the player's repeated participation. Notably, after the CAS appeal was filed, the FIFA Players' Status Chamber granted the change of association on 5 March 2025, allowing Nsue to play for Equatorial Guinea going forward. The ban had already been served by the time of the award.
The detail
Parties: CAS 2024/A/11090 Emilio Nsue López v. FIFA
Outcome: The appeal is dismissed; the six-month ban imposed by FIFA is upheld.
Applicable law: FIFA Regulations Governing the Application of the Statutes (RGAS), FIFA Disciplinary Code (FDC), CAS Code of Sports-related Arbitration
Issues in play: The case involved the eligibility rules for change of association under RGAS Article 5.3 and the disciplinary sanction for fielding an ineligible player under FDC Article 19. The key issue was whether the player could rely on holding Equatoguinean nationality by birth despite having played for Spanish youth teams without obtaining a formal change of association.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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