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TAS 2020 A 6838 Real Club Celta de Vigo SAD c. FIFA_redacted (CAS)

Why it matters

This case clarifies the scope of FIFA's prohibition on third-party influence over clubs (Article 18bis RSTP), confirming that clauses in transfer agreements giving the selling club control over future transfers or employment terms violate the rule, even if intended as security for payment. It reinforces FIFA's policy against third-party ownership and influence, setting a strict standard for club independence.

Summary

Real Club Celta de Vigo (Celta) appealed a FIFA disciplinary decision imposing a fine and a transfer ban for violating Articles 18bis and 9.1 of the FIFA Regulations on the Status and Transfer of Players (RSTP 2012). The dispute arose from a 2013 transfer agreement between Celta and SL Benfica for a player, which included clauses: (i) prohibiting Celta from transferring the player without Benfica's consent until full payment; (ii) allowing Benfica to impose a temporary transfer if Celta was relegated; (iii) a penalty clause for unauthorized transfers; and (iv) requiring a minimum three-year employment contract. FIFA's Disciplinary Committee found these clauses gave Benfica impermissible influence over Celta's labor and transfer matters, fining Celta and imposing a two-window transfer ban. Celta argued the clauses were standard security for payment and did not violate Article 18bis, which it claimed only applied to third parties, not the selling club. The CAS panel rejected this, holding that Article 18bis prohibits any contract giving any party (including the counterparty) the ability to influence a club's independence in employment or transfer matters. The panel found the clauses gave Benfica real and effective influence, violating the rule. Regarding Article 9.1, the panel noted that the provision applies to national associations, not clubs, and thus the violation was not established. However, the sanctions for the Article 18bis violation were upheld as proportionate. The appeal was dismissed.

The detail

Parties: TAS 2020 A 6838 Real Club Celta de Vigo SAD c. FIFA_redacted

Outcome: Appeal dismissed; FIFA's sanctions upheld.

Applicable law: FIFA Regulations on the Status and Transfer of Players (2012 edition), Swiss law

Issues in play: Article 18bis (prohibition on third-party influence) and Article 9.1 (registration requirements) of the FIFA RSTP; conflict between contractual freedom and FIFA's regulatory framework to protect club independence.

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

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