TAS 2022 A 9133 FENAFUTH c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 2 May 2023
Why it matters
This case clarifies that national football associations are strictly responsible for ensuring player eligibility restrictions are respected, even if the violation results from a misunderstanding or internal errors. The CAS upheld a CHF 50,000 fine for fielding a suspended player in two World Cup qualifiers, emphasizing that cooperation and regret do not eliminate liability. It reinforces FIFA's disciplinary framework and the importance of compliance by member associations.
Summary
The case arose from a dispute between the Honduran Football Association (FENAFUTH) and FIFA. In February 2021, FIFA's Dispute Resolution Chamber (DRC) ordered Honduran player Román Rubilio Castillo Álvarez to pay USD 281,000 to his former Chinese club Nantong Zhiyun FC for breach of contract, and imposed a six-month restriction on his eligibility to play in official matches. The restriction was notified to FENAFUTH in June 2021. Despite this, FENAFUTH selected the player for two World Cup qualifying matches on 13 and 17 November 2021. The player had also played in Bolivia due to an error by the Bolivian federation. FENAFUTH admitted the breach, apologizing and explaining it mistakenly believed the restriction was no longer applicable because the player was active in Bolivia. FIFA's Disciplinary Committee fined FENAFUTH CHF 50,000 and issued a warning. FENAFUTH appealed to CAS, arguing the fine was disproportionate and that it had not acted intentionally or with gross negligence. The CAS sole arbitrator rejected the appeal, confirming the fine. The arbitrator held that under Article 15 of the FIFA Disciplinary Code, violations are sanctionable whether intentional or negligent, and that FENAFUTH had not proven it was without fault. The fine was within the CHF 100 to CHF 1,000,000 range and was proportionate given the seriousness of the breach and the need for deterrence. The arbitrator also noted that FENAFUTH had directly benefited from the player's participation. The award was issued on 2 May 2023.
The detail
Parties: TAS 2022 A 9133 FENAFUTH c. FIFA
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; FENAFUTH ordered to pay CHF 50,000 fine and bear arbitration costs.
Quantum: CHF 50,000
Applicable law: FIFA Disciplinary Code (Articles 15, 24, 8); FIFA Statutes (Article 58); CAS Code (Articles R47, R58, R64)
Issues in play: The case involved the collision between FIFA's strict liability for non-compliance with its decisions (Article 15 FDC) and the principle of proportionality in sanctions (Article 24 FDC). FENAFUTH argued its negligence was not 'absolute' and that the fine was disproportionate, but the tribunal held that even negligent violations are sanctionable and the fine was within the discretionary range.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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