TAS 2020 A 7116 Jerome Ow c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case clarifies the standard of proof for exceptions to FIFA's ban on international transfers of minors. The sole arbitrator rejected the 'beyond reasonable doubt' standard applied by FIFA, adopting instead a 'comfortable satisfaction' standard, which is more flexible and proportionate. This decision provides guidance on how to assess whether a family's move is genuinely non-football-related, balancing the protection of minors with the practical realities of proving subjective motives.
Summary
Jerome Ow, a 13-year-old Australian footballer, moved with his mother and sister from Hong Kong to Barcelona in September 2018. His sister had Type 1 diabetes and needed specialized medical treatment not available in Hong Kong. The family also cited educational opportunities and family ties in Barcelona. Jerome joined CE L'Hospitalet, a local club. The Spanish federation (RFEF) sought FIFA's approval for his first registration as a minor under art. 19.2 RSTP, which allows exceptions if the move is not football-related. FIFA's Sub-Commission rejected the request, finding that the move appeared football-related because the family had contacted a football academy before other steps. Jerome appealed to CAS. The sole arbitrator held that FIFA had applied an overly strict 'beyond reasonable doubt' standard. Instead, the appropriate standard is 'comfortable satisfaction', a sliding scale requiring more certainty than a mere balance of probabilities but less than criminal proof. Applying this standard, the arbitrator found that the family's move was genuinely motivated by the sister's medical needs, education, and family support, not by Jerome's football. The appeal was upheld, and Jerome's registration was approved.
The detail
Parties: TAS 2020 A 7116 Jerome Ow c. FIFA
Outcome: The appeal was upheld; the FIFA Sub-Commission's decision was set aside and the first registration of Jerome Ow with CE L'Hospitalet was approved.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) art. 19; Swiss Private International Law Act (PILA); CAS Code of Sports-related Arbitration
Issues in play: The standard of proof required to show that a minor's relocation was not football-related under the exception to the prohibition on international transfers of minors (art. 19.2 RSTP).
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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