OG 24 14 Marta Vieira da Silva, COB & CBF v. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 6 Aug 2024
Why it matters
This case reaffirms that during the Olympic Games, CAS has jurisdiction over all disputes arising in connection with the Games, overriding any limitations in an International Federation's rules. It also confirms the high hurdle for overturning field-of-play decisions, requiring evidence of bad faith, bias, or corruption. The decision clarifies that CAS will not review the merits of a suspension below 5 matches when the underlying issue is a field-of-play call.
Summary
During the Paris 2024 Olympics, Brazilian football star Marta was sent off for serious foul play in a match against Spain. FIFA's Disciplinary Committee suspended her for two matches, including an automatic one-match ban. Marta and the Brazilian Olympic Committee appealed to the CAS Ad hoc Division, arguing the incident was merely unsporting behaviour (which carries a one-match ban) rather than serious foul play. They sought to reduce the suspension to one match. FIFA challenged CAS jurisdiction, citing its own statute that bars CAS appeals for suspensions of up to four matches. The CAS Sole Arbitrator held that the Olympic Charter's broad arbitration clause gives CAS jurisdiction over any Olympic dispute, overriding FIFA's limitation. However, on the merits, the Arbitrator found that the challenge effectively sought to overturn a field-of-play decision, the referee's classification of the foul. Under CAS precedent, such decisions can only be overturned if there is clear evidence of bad faith, bias, or corruption, which was not alleged or proven. Therefore, the application was dismissed, and the two-match suspension stood.
The detail
Parties: OG 24 14 Marta Vieira da Silva, COB & CBF v. FIFA
Outcome: The application was dismissed; the two-match suspension imposed by FIFA was upheld.
Applicable law: Olympic Charter, FIFA Statutes, FIFA Disciplinary Code (FDC), CAS Ad hoc Rules, Swiss Private International Law Act (PILA)
Issues in play: The collision was between the broad arbitration clause in the Olympic Charter (Rule 61.2) and FIFA's internal rule (Art. 50.3(b) FIFA Statutes) limiting CAS appeals for suspensions under 4 matches. Also, the 'field of play' doctrine limiting review of referee decisions.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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