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TAS 2020 A 6877 Al Ahli Saudi Football Club v. FIFA & Club FC Nantes (CAS)

Why it matters

This case clarifies that CAS will not overturn FIFA decisions based on procedural irregularities if the appellant had a full de novo hearing before CAS. It also confirms that FIFA's requirement for motivated extension requests is valid and that past leniency does not create a right. The award reinforces the proportionality of fines under Article 12bis RSTJ, especially when the fine is less than 1% of the debt.

Summary

Al Ahli Saudi Football Club appealed a FIFA decision ordering it to pay EUR 6,000,000 plus interest to FC Nantes for the transfer of player Lucas Pedro Alves de Lima, and imposing a CHF 45,000 fine and a transfer ban. Al Ahli argued that FIFA violated its right to be heard by rejecting its unsubstantiated request for an extension to respond. The CAS sole arbitrator found that FIFA correctly applied Circular 1694, which requires a motivated extension request. Even if there were procedural errors, CAS's de novo review cured them. On the merits, Al Ahli had failed to pay the first installment of EUR 4,000,000, triggering the full transfer fee under the contract. The fine was proportionate, being less than 1% of the debt. The transfer ban was confirmed as a standard consequence of non-payment. The appeal was dismissed, and Al Ahli was ordered to pay CHF 3,000 towards FC Nantes' costs.

The detail

Parties: TAS 2020 A 6877 Al Ahli Saudi Football Club v. FIFA & Club FC Nantes

Outcome: Al Ahli's appeal dismissed; Al Ahli ordered to pay CHF 3,000 to FC Nantes for costs; FIFA decision confirmed.

Quantum: EUR 6,000,000 plus interest at 15% p.a. from 24 October 2019

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTJ), particularly Article 12bis; CAS Code of Sports-related Arbitration

Issues in play: Procedural fairness (right to be heard) vs. FIFA's strict enforcement of extension requirements under Circular 1694; proportionality of sanctions under Article 12bis RSTJ.

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

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