TAS 2021 A 8457 Club de Fútbol América, SA de CV v. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 18 Apr 2023
Why it matters
This case clarifies the interplay between FIFA's disciplinary and dispute resolution bodies when parties settle after a CAS award. It confirms that once a settlement agreement is reached, the Disciplinary Committee loses jurisdiction to enforce the original award, even if the settlement was concluded before disciplinary proceedings began. The ruling reinforces the primacy of the FIFA Football Tribunal for disputes arising from settlement agreements.
Summary
Club de Futbol América (América) transferred player Cecilio Domínguez to Club Atlético Independiente in 2019. Independiente failed to pay the transfer fee, and FIFA's Players' Status Committee ordered payment of USD 3,231,139 plus interest and a penalty. Independiente appealed to CAS (case 2020/A/7399), but CAS dismissed the appeal on 26 February 2021, confirming the debt. On 30 April 2021, América and Independiente signed a settlement agreement (Convenio Transaccional) that included payment terms and also resolved other disputes. América later claimed Independiente breached the settlement and asked FIFA's Disciplinary Committee to open proceedings for non-compliance with the CAS award under Article 15 of the FIFA Disciplinary Code. The Disciplinary Committee initially opened proceedings but then closed them on 29 October 2021, citing FIFA Circular 1628, which states that the Disciplinary Committee will not enforce financial decisions if the parties reach a settlement after notification of the decision. América appealed this closure to CAS. The sole arbitrator held that Circular 1628 remained applicable despite the 2019 revision of the Disciplinary Code, as it was not contradictory. The arbitrator found that the settlement agreement was concluded after the CAS award was notified, so the Disciplinary Committee correctly declined to enforce the award. Moreover, América had already filed a claim before the FIFA Football Tribunal for breach of the settlement, which was partially granted on 6 December 2021. The arbitrator dismissed América's appeal, confirming the closure of disciplinary proceedings and ordering América to bear the arbitration costs.
The detail
Parties: TAS 2021 A 8457 Club de Fútbol América, SA de CV v. FIFA
Outcome: CAS dismissed América's appeal and confirmed FIFA Disciplinary Committee's decision to close disciplinary proceedings against Independiente.
Applicable law: FIFA Disciplinary Code (2019 edition), FIFA Circular 1628, CAS Code of Sports-related Arbitration
Issues in play: Whether FIFA Circular 1628, which states that the Disciplinary Committee will not enforce financial decisions if parties reach a settlement after notification, applied to a settlement agreement concluded before disciplinary proceedings were initiated.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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