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TAS 2021 A 8266 Liga Nacional de Fútbol Profesional c. FIFA ES (CAS)

Why it matters

This CAS award is significant because it clarifies the limits of FIFA's Bureau of the Council's power to unilaterally modify the International Match Calendar, even in exceptional circumstances like the COVID-19 pandemic. The ruling reinforces that FIFA must adhere to its own statutory and regulatory procedures, setting a precedent for the governance of international football scheduling and the balance of power between FIFA and domestic leagues.

Summary

The case arose from a dispute between the Spanish National Professional Football League (LNFP) and FIFA over the modification of the International Match Calendar (CIM) for South American World Cup qualifiers in 2021. On 5 August 2021, FIFA's Bureau of the Council issued Circular 1766, adding two additional days of release for players in September and October 2021 to accommodate postponed matches due to COVID-19. LNFP appealed to the Court of Arbitration for Sport (CAS), arguing that the Bureau lacked competence under Article 38(1) of the FIFA Statutes and that the decision violated the RSTP and other applicable rules. LNFP also sought damages for alleged financial losses. The CAS panel, composed of Ricardo de Buen Rodriguez (President), Alexander McLin, and Massimo Coccia, first confirmed that the Bureau had the competence to issue the decision. However, it found that the decision violated FIFA's own statutory and regulatory provisions, specifically because the Bureau did not follow the proper procedure for amending the CIM, which required consultation with stakeholders and approval by the FIFA Council. The panel declared the decision illegitimate but noted that it had already been implemented and could not be annulled. On the damages claim, the panel held that LNFP failed to prove a direct causal link between the decision and the alleged losses, dismissing the claim. The award was issued on 21 March 2024, with each party bearing its own legal costs and sharing arbitration costs equally.

The detail

Parties: TAS 2021 A 8266 Liga Nacional de Fútbol Profesional c. FIFA ES

Outcome: Appeal partially upheld: the decision of FIFA's Bureau of the Council of 5 August 2021 (Circular 1766) was declared illegitimate, but LNFP's claim for damages was dismissed.

Applicable law: FIFA Statutes, FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss Civil Code (Article 8), CAS Code of Sports-related Arbitration

Issues in play: The case involved a conflict between FIFA's authority to modify the International Match Calendar (CIM) and the procedural requirements under its own Statutes and regulations, specifically Article 38(1) of the FIFA Statutes regarding the Bureau's competence.

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

Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.

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