TAS 2021 A 8233 Real Federación Española de Fútbol c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 25 Mar 2024
Why it matters
This award reaffirms that national football associations are directly responsible under FIFA regulations for ensuring compliance with the rules on international transfers of minors, even when domestic law appears to conflict. It clarifies that ignorance or lack of control over regional federations is not a defence; associations must implement proactive monitoring systems. The decision also confirms that FIFA's disciplinary sanctions can be based on objective responsibility for omissions, and that the principle of nulla poena sine culpa is satisfied when the association's own inaction constitutes culpable conduct.
Summary
The case concerns an appeal by the Royal Spanish Football Federation (RFEF) against a FIFA disciplinary decision fining it CHF 20,000 for violations of the FIFA Regulations on the Status and Transfer of Players (RSTP) related to the international transfer and registration of a minor player from Azerbaijan, Eldar Elxan Oglu Taghizada. The player was registered by the Catalan Football Federation (FCF) with a local club, Neurofútbol FC, between 2017 and 2019, without RFEF or FIFA approval. FIFA's Disciplinary Committee found RFEF responsible for breaching RSTP articles 9(1) (requiring an International Transfer Certificate), 19(1) and (4) (prohibiting international transfers of minors without prior approval), and related annexes. RFEF appealed to the CAS, arguing that under Spanish law, regional federations like FCF have exclusive competence to issue licenses for regional competitions, and that RFEF could not control or supervise FCF's actions. RFEF also claimed that it was being held objectively liable without fault, violating Swiss law's principle of culpability. The CAS Sole Arbitrator rejected these arguments, holding that RFEF, as FIFA's member association, had a direct obligation under RSTP art. 19(4) to ensure that no minor player was registered without prior FIFA approval. The fact that FCF acted independently did not relieve RFEF of its duty to monitor and enforce compliance; indeed, RFEF's lack of knowledge demonstrated a failure to implement preventive measures. The arbitrator found that RFEF's omissions constituted culpable conduct, satisfying the principle of nulla poena sine culpa. The appeal was dismissed, and the CHF 20,000 fine was upheld. The award also noted that this was not the first time RFEF had been sanctioned for similar issues, referencing CAS 2014/A/3813.
The detail
Parties: TAS 2021 A 8233 Real Federación Española de Fútbol c. FIFA
Outcome: The appeal was dismissed; the FIFA Appeal Committee's decision of 31 August 2020 was confirmed, upholding the CHF 20,000 fine against RFEF for violations of the FIFA Regulations on the Status and Transfer of Players (RSTP) regarding the international transfer and registration of a minor player.
Quantum: CHF 20,000
Applicable law: FIFA Statutes (art. 14), FIFA Disciplinary Code (art. 6(1)(a)), FIFA Regulations on the Status and Transfer of Players (RSTP) arts. 9(1), 19(1) and (4), Annex 2 art. 1(1), Annex 3 art. 1(3); Swiss law (principle of culpability); Spanish Constitution and regional sports laws (Decreto 58/2010 of Catalonia).
Issues in play: The case involved a conflict between FIFA's strict rules protecting minor players from international transfers (RSTP art. 19) and Spanish regional law (Catalonia's Decreto 58/2010) which required the Catalan Football Federation to issue licenses to foreign minors without FIFA's prior approval. RFEF argued it could not control the Catalan federation due to Spanish law, but the CAS held that RFEF's obligations under FIFA regulations were not overridden by domestic law.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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