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TAS 2019 A 6335 Club Atlético Independiente c. FIFA & Club América de Cali (CAS)

Why it matters

This case clarifies that a creditor's insolvency does not automatically suspend FIFA disciplinary proceedings once the creditor is no longer in reorganization. It also confirms that a condonation agreement must be properly proven and that the creditor's transformation into a corporation does not affect its legal standing to enforce a FIFA decision.

Summary

The dispute arose from a 2007 transfer of player José Alcides Moreno from América de Cali to Independiente for USD 900,000. Independiente failed to pay the full amount, leading to a 2008 agreement reducing the debt to USD 200,000. In 2010, América de Cali filed a claim with FIFA's Players' Status Committee (PSC), which ordered Independiente to pay USD 200,000 plus interest. Independiente did not pay, and América de Cali requested disciplinary action. The FIFA Disciplinary Committee (DC) initially suspended proceedings because América de Cali was in insolvency reorganization. After América de Cali completed reorganization in 2014, the DC resumed proceedings and in 2019 imposed a ban on registering new players for two transfer windows and a fine of CHF 60,000. Independiente appealed to CAS, arguing that América de Cali lacked standing because the economic rights belonged to an agent, that the debt had been condoned in 2009, and that the DC should have remained suspended due to América de Cali's insolvency. CAS rejected all arguments. It held that the PSC decision clearly awarded the debt to América de Cali, giving it standing. The condonation document was not properly authenticated and was signed by the agent, not the club. The insolvency proceedings had ended, so the DC could resume. CAS upheld the sanctions, noting that the ban was mandatory under FIFA rules for non-payment of debts.

The detail

Parties: TAS 2019 A 6335 Club Atlético Independiente c. FIFA & Club América de Cali

Outcome: CAS dismissed the appeal and upheld the FIFA Disciplinary Committee's decision imposing a ban on transfers and a fine on Independiente for failing to pay USD 200,000 to América de Cali.

Quantum: USD 200,000

Applicable law: FIFA Statutes, FIFA Disciplinary Code (Art. 64), Swiss Law (LDIP), CAS Code

Issues in play: The case involved the collision between FIFA's disciplinary power to enforce decisions and the debtor's insolvency proceedings, as well as the validity of a debt condonation agreement under Colombian law.

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

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