TAS 2020 A 7374 Isaac Korankye Obeng c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case is significant because it clarifies the interpretation of Article 19.2(a) of the FIFA RSTP regarding international transfers of minors. The CAS panel adopted a teleological approach, holding that the exception does not require both parents to move with the child if the move is for non-football reasons and in the child's best interests. It also recognized that de facto guardianship granted by a court can satisfy the requirement of 'parents moving with the child' when the parents are unable to care for the child due to illness or abandonment. This decision provides important guidance for similar cases involving minors relocating for family reasons.
Summary
Isaac Korankye Obeng, a Ghanaian minor born in 2003, moved to Spain in January 2016 to live with his sister after his mother became ill and his father abandoned the family. His mother granted custody to the sister via a sworn declaration, and Spanish courts later recognized the sister and subsequently the brother as de facto guardians with full legal representation powers. In January 2020, Isaac signed a professional contract with Elche CF. The Spanish federation (RFEF) sought FIFA's approval for his first international transfer under Article 19.2(a) RSTP, which allows an exception to the general prohibition on international transfers of minors if the parents move with the child for non-football reasons. FIFA's Subcommittee rejected the request, reasoning that the mother did not move to Spain and that delegation of custody to relatives does not qualify for the exception. Isaac appealed to CAS. The CAS sole arbitrator applied a teleological interpretation of Article 19.2(a), focusing on the purpose of protecting minors and preventing football-motivated transfers. He found that Isaac moved to Spain solely because his mother could not care for him, not for football, and that living with his siblings was in his best interests. The arbitrator also held that the Spanish court-ordered de facto guardianship, which granted the brother full legal representation, was equivalent to parental care for the purposes of the exception. The appeal was upheld, FIFA's decision was reversed, and the registration was approved. The case underscores that the exception under Article 19.2(a) can apply when a minor moves to live with relatives who have been granted legal guardianship due to parental incapacity, provided the move is not football-related and serves the child's welfare.
The detail
Parties: TAS 2020 A 7374 Isaac Korankye Obeng c. FIFA
Outcome: Appeal upheld; FIFA's decision refusing registration approval reversed; the request for approval of the minor's first registration with Elche CF is accepted.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), specifically Article 19.2(a); Spanish Civil Code; Ghanaian Children's Act 1998 (Act 560).
Issues in play: The collision was between FIFA's strict interpretation of Article 19.2(a) RSTP (requiring parents to move with the child for the exception to apply) and a teleological interpretation focusing on the child's best interests and the genuine reasons for relocation, as well as the legal status of de facto guardianship under Spanish law.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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