TAS 2020 A 7494 Flemming Serritslev c. FIFA & Association Nationale de Papouasie Nouvelle Guinée
CAS · Football (FIFA / CAS) · Switzerland · 19 Oct 2021
Why it matters
This case reinforces the strict application of appeal deadlines in CAS proceedings, emphasizing that professional representatives are expected to monitor their email, including spam folders. It clarifies that notification is effective upon delivery to the recipient's sphere of control, not upon actual receipt. The decision underscores the importance of timely filing and the consequences of failing to check communications, even during busy periods or a pandemic.
Summary
Flemming Serritslev, a Danish football coach, was hired by the Papua New Guinea Football Association (PNGFA) in November 2015. After payment disputes, the parties signed a mutual agreement in September 2017 terminating the contract, with PNGFA owing USD 104,364 to be paid by December 1, 2017. PNGFA made partial payments until June 2018 but then stopped. On June 28, 2020, Serritslev filed a claim with the FIFA Players' Status Committee (PSC). On June 30, 2020, the PSC sent an email to Serritslev's lawyer stating it lacked jurisdiction because more than two years had passed since the event giving rise to the dispute, per Article 25(5) RSTJ. The lawyer claimed he did not receive the email until September 22, 2020, when he found it in his spam folder. He then appealed to CAS on October 13, 2020. FIFA argued the appeal was late. The CAS sole arbitrator found that the email was sent to the lawyer's professional address and that delivery was complete, as shown by FIFA's Outlook delivery report. Under Swiss law and CAS jurisprudence, a decision is considered notified when it enters the recipient's sphere of control, regardless of whether it was actually read. The lawyer's failure to check his spam folder was not excusable, especially for a professional. Therefore, the 21-day appeal deadline started on July 1, 2020, and the appeal filed on October 13 was late. The appeal was declared inadmissible. Serritslev was ordered to bear the arbitration costs, and each party bore its own legal costs.
The detail
Parties: TAS 2020 A 7494 Flemming Serritslev c. FIFA & Association Nationale de Papouasie Nouvelle Guinée
Outcome: Appeal dismissed as inadmissible due to late filing.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTJ), CAS Code of Sports-related Arbitration
Issues in play: The key issue was whether the FIFA Players' Status Committee's decision was properly notified to the appellant, triggering the 21-day appeal deadline. The CAS applied Swiss legal principles on notification, holding that a decision is deemed received when it enters the recipient's sphere of control, regardless of actual knowledge.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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