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TAS 2022 A 9238 Cerro Porteño c. FIFA (CAS)

Why it matters

This case illustrates the strict enforcement of contractual payment obligations in football transfers under FIFA regulations. It confirms that a debtor cannot unilaterally withhold payments based on unsubstantiated compliance concerns without a contractual basis. The award also reinforces the principle that CAS will not review internal disciplinary sanctions unless they are arbitrary or disproportionate, respecting FIFA's autonomy.

Summary

Club Cerro Porteño appealed a FIFA Dispute Resolution Chamber (DRC) decision ordering it to pay Racing Club USD 250,000 (two outstanding instalments) plus 17% annual interest, a USD 50,000 contractual penalty, and a USD 15,000 fine to FIFA. Cerro Porteño argued it could not pay because Racing Club failed to provide anti-money laundering documentation requested by its bank, claiming this constituted creditor's mora under Swiss law. The CAS sole arbitrator found that Cerro Porteño had not properly joined Racing Club as a party, so the contractual issues (interest, penalty) could not be reviewed. Regarding the fine, the arbitrator held that FIFA's DRC acted within its discretion under RSTP Art. 12bis, considering the club's repeated defaults. The appeal was dismissed in full, and Cerro Porteño was ordered to pay CHF 3,000 towards FIFA's legal costs.

The detail

Parties: TAS 2022 A 9238 Cerro Porteño c. FIFA

Outcome: Appeal dismissed; CAS confirmed FIFA DRC decision ordering Cerro Porteño to pay Racing Club USD 250,000 plus 17% interest, USD 50,000 contractual penalty, and USD 15,000 fine to FIFA.

Quantum: USD 250,000 plus interest and penalties

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

Issues in play: Contractual obligation to pay transfer fee vs. alleged creditor's mora (delay) due to failure to provide anti-money laundering documentation; application of RSTP Art. 12bis for overdue payables.

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

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