Marcelo Carracedo v. Fédération Internationale de Football Association (FIFA) (CAS 2012/A/2740)
CAS · Football (FIFA / CAS) · Switzerland · 18 April 2013
Why it matters
This case clarifies that a party who fails to appeal a decision cannot later challenge it on due process grounds in subsequent enforcement proceedings. It also confirms that a complementary ban on football-related activity for non-payment of a reasonable fine is proportionate, and that FIFA cannot impose execution of a bank guarantee or insurance as an alternative sanction.
Summary
Marcelo Carracedo, an Argentine players' agent, was fined CHF 30,000 by the FIFA Players' Status Committee (PSC) on 11 August 2010 for double representation in a player transfer. Carracedo did not appeal that decision, which became final and binding. When he failed to pay, the FIFA Disciplinary Committee (DC) opened proceedings and on 30 November 2011 imposed a further fine of CHF 5,000 and ordered payment of the original CHF 30,000 within 30 days, with an automatic ban from all football-related activity if not paid. Carracedo appealed to CAS, arguing that his right to be heard was violated in the PSC proceedings and that the complementary ban was disproportionate. The Sole Arbitrator held that the PSC decision was final and binding because Carracedo did not appeal it; he could not now challenge it. The right to be heard was respected in the DC proceedings. The complementary ban was proportionate given the reasonable fine amount and Carracedo's financial capacity (he was due a USD 900,000 fee in the same transfer). The request to execute his bank guarantee or insurance instead was rejected because those instruments are not listed as sanctions under FIFA regulations. The appeal was dismissed, and Carracedo was given 30 days from the award to pay, failing which the ban would apply.
The detail
Parties: Marcelo Carracedo v FIFA
Case number: CAS 2012/A/2740
Outcome: Appeal dismissed; Carracedo ordered to pay CHF 5,000 fine and CHF 30,000 debt within 30 days, failing which a ban from all football-related activity applies automatically.
Quantum: CHF 35,000
Applicable law: FIFA Disciplinary Code (art. 64), FIFA Regulations on Players' Agents (arts. 9, 10, 33), Swiss law
Issues in play: The right to be heard vs. finality of unappealed decisions; proportionality of a complementary ban for non-payment of a fine.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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