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TAS 2022 A 9049 FENAFUTH c. FIFA (CAS)

Why it matters

This case reaffirms the strict liability of football associations under FIFA's Disciplinary Code for discriminatory and security-related misconduct by spectators, even if no physical harm occurs. The CAS upheld a CHF 70,000 fine and a behind-closed-doors match, emphasizing that 'animus jocandi' (joking intent) does not excuse homophobic chants. It clarifies that associations cannot avoid responsibility by claiming impossibility of controlling fans; they must implement effective preventive measures.

Summary

On 30 January 2022, during a World Cup qualifier between Honduras and El Salvador in San Pedro Sula, several incidents occurred: fireworks during halftime, objects thrown onto the pitch, a pitch invasion by about 60 fans, and homophobic chants ('culero') directed at El Salvador players. FIFA's Disciplinary Committee fined FENAFUTH CHF 70,000 and ordered the next home match to be played without spectators for breaches of Articles 13 (discrimination) and 16 (order and security) of the FIFA Disciplinary Code. FENAFUTH appealed to the FIFA Appeal Committee, which confirmed the decision. FENAFUTH then appealed to the CAS, arguing that the sanctions were disproportionate and that it could not be held strictly liable for fans' actions, invoking the principle of personal culpability. The CAS Sole Arbitrator rejected these arguments, holding that the FIFA Disciplinary Code imposes strict liability on associations for spectator conduct, and that the sanctions were proportionate given the seriousness of the incidents. The Arbitrator emphasized that discriminatory chants cause harm regardless of intent, and that associations must take effective measures to prevent such conduct. The appeal was dismissed, and the FIFA decision was confirmed in full.

The detail

Parties: TAS 2022 A 9049 FENAFUTH c. FIFA

Outcome: Appeal dismissed; FIFA's disciplinary decision confirmed: FENAFUTH fined CHF 70,000 and ordered to play next home match without spectators.

Quantum: CHF 70,000

Applicable law: FIFA Disciplinary Code (Articles 13, 16); CAS Code (R48, R51, R55, R57, R65)

Issues in play: Strict liability of football associations for supporter conduct vs. principle of personal culpability; freedom of expression vs. prohibition of discriminatory conduct.

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

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