Emmanuel Eboué v. Fédération Internationale de Football Association (FIFA) (CAS 2014/A/3803)
CAS · Football (FIFA / CAS) · Switzerland · 5 June 2015
Why it matters
This case clarifies the limits of FIFA's disciplinary power under Article 64 of the FIFA Disciplinary Code, particularly regarding the proportionality of sanctions and the protection of personality rights. It distinguishes the one-year conditional ban from the unlimited ban in the Matuzalem case, establishing that a finite ban does not necessarily violate Swiss public policy or personality rights if the player can afford to pay.
Summary
Emmanuel Eboué, a professional footballer, signed a representation contract with agent Sébastien Boisseau in 2010. The contract entitled Boisseau to 10% of Eboué's salary. In 2011, Eboué transferred from Arsenal to Galatasaray without involving Boisseau. Boisseau claimed €940,000 (10% of Eboué's four-year salary). The FIFA Players' Status Committee (PSC) ordered Eboué to pay this amount in 2013. Eboué did not appeal and did not pay. Boisseau then requested disciplinary action. The FIFA Disciplinary Committee (DC) fined Eboué CHF 30,000 and granted a 120-day grace period, after which Boisseau could request a one-year ban from all football-related activity. Eboué appealed to CAS, arguing the sanction was disproportionate, the underlying decision was wrong, and the potential ban violated his personality rights under Swiss law. The CAS panel dismissed the appeal. It held that Article 64 of the FIFA Disciplinary Code does not require the underlying decision to be correct; it only requires non-compliance. Arguments against the underlying decision cannot be re-litigated. Regarding personality rights, the panel distinguished this case from the Matuzalem case, where an unlimited ban was imposed. Here, the ban was for one year and conditional on Boisseau's request. Eboué earned €2.4 million net per year and could afford to pay. Thus, the ban did not excessively restrict his freedom under Article 27 of the Swiss Civil Code. The decision was upheld.
The detail
Parties: Emmanuel Eboue v FIFA
Case number: CAS 2014/A/3803
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed.
Applicable law: FIFA Disciplinary Code (Art. 64); Swiss Civil Code (Art. 27); Swiss Private International Law Act (Art. 190)
Issues in play: The case involved the enforcement of a FIFA decision ordering Eboué to pay his agent €940,000. Eboué argued the underlying decision was wrong and that the potential one-year ban violated his personality rights under Swiss law.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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