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TAS 2023 A 9361 Carlos Manuel Terán Valero v. FIFA (CAS)

Why it matters

This case is significant as it clarifies the application of FIFA's Code of Ethics to members of Normalisation Committees, even when funds originate from confederations like CONMEBOL. It underscores that contractual terms with FIFA regarding remuneration are paramount, and self-approved additional payments, even if intended to cover expenses, constitute ethics breaches. The decision reinforces FIFA's jurisdiction over its appointed officials and the strict standards of conduct expected in football governance, particularly concerning financial integrity and conflicts of interest.

Summary

In 2020, following the resignation and death of key officials, FIFA appointed a Normalisation Committee for the Venezuelan Football Federation (FVF), including Carlos Manuel Terán Valero. His contract with FIFA stipulated a monthly remuneration of USD 3,000, covering all expenses. However, the Normalisation Committee, including Terán Valero, approved additional monthly "dietas" (per diems) of USD 2,000 for its members, which Terán Valero received for four months in 2021. These funds, while originating from CONMEBOL's "COVID19 Free Context Funds" project for the FVF, were not explicitly approved by FIFA for this purpose. FIFA's Ethics Committee investigated, finding Terán Valero responsible for breaching Articles 13 (General duties), 15 (Duty of loyalty), 19 (Conflicts of interest), 20 (Offering and accepting gifts or other benefits), 25 (Abuse of position), and 28 (Misappropriation and misuse of funds) of the FIFA Code of Ethics (2020 edition). The Committee imposed a two-year ban from all football-related activities and a fine of CHF 10,000, noting mitigating factors like his cooperation and lack of prior disciplinary record. Terán Valero appealed to the Court of Arbitration for Sport (CAS), arguing that FIFA lacked jurisdiction as the funds came from CONMEBOL, that he received no economic benefit as the "dietas" merely covered his expenses, and that the sanction was disproportionate. He contended that the contract was one of adhesion and that the FVF's own regulations allowed for "dietas." The CAS panel confirmed FIFA's jurisdiction, stating that as a FIFA-appointed "official," Terán Valero was subject to the FIFA Code of Ethics, regardless of the funds' origin. It found that the additional payments constituted an undue pecuniary advantage and a conflict of interest, as he participated in approving benefits for himself and others. The CAS upheld the Ethics Committee's finding of breaches, particularly Article 28 (Misappropriation and misuse of funds). Regarding proportionality, the CAS acknowledged mitigating factors but concluded that the reduced sanction (from a potential 5-year ban and CHF 100,000 fine) was appropriate given the seriousness of the offenses and his position of authority. The appeal was dismissed, and the FIFA Ethics Committee's decision was fully confirmed.

The detail

Parties: TAS 2023 A 9361 Carlos Manuel Terán Valero v. FIFA

Outcome: The Court of Arbitration for Sport dismissed Carlos Manuel Terán Valero's appeal and fully confirmed the FIFA Ethics Committee's decision, which found him responsible for ethics breaches, banned him from football-related activities for two years, and fined him CHF 10,000.

Quantum: CHF 10,000

Applicable law: FIFA Code of Ethics (2020 edition), FIFA Statutes, CAS Code of Sports Arbitration, Swiss law (subsidiary)

Issues in play: The case involved a conflict between the contractual remuneration agreed with FIFA for a Normalisation Committee member and additional "dietas" (per diems) approved by the committee itself. Key FIFA Code of Ethics articles in play were 13 (General duties), 15 (Duty of loyalty), 19 (Conflicts of interest), 20 (Offering and accepting gifts or other benefits), 25 (Abuse of position), and 28 (Misappropriation and misuse of funds).

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

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