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TAS 2023 A 9576 Etoile Sportive du Sahel c. Youcef Laouafi & FIFA (CAS)

Why it matters

This case illustrates the strict enforcement of CAS procedural rules regarding payment of advances on costs. It serves as a reminder to appellants that failure to comply with financial requirements within deadlines leads to automatic withdrawal of the appeal, regardless of the merits. The decision underscores the importance of adhering to CAS procedural timelines and financial obligations.

Summary

Etoile Sportive du Sahel (the Club) appealed a FIFA Dispute Resolution Chamber decision that ordered it to pay arrears and compensation to player Youcef Laouafi and imposed a two-window transfer ban. The Club challenged only the sporting sanction. During the CAS proceedings, the Club requested a stay of execution and later reached a settlement with the player. However, the Club failed to pay the full advance on costs as required by CAS R64.2. After multiple reminders and an extended deadline, the CAS deemed the appeal withdrawn. The sole arbitrator then issued a costs award, ordering the Club to bear all arbitration costs and each party to bear its own legal costs. The case did not reach the merits because of the procedural default.

The detail

Parties: TAS 2023 A 9576 Etoile Sportive du Sahel c. Youcef Laouafi & FIFA

Outcome: The appeal was deemed withdrawn because the appellant failed to pay the required advance on costs. The CAS ordered the appellant to bear all arbitration costs and each party to bear its own costs.

Applicable law: FIFA Statutes (art. 57), CAS Code of Sports-related Arbitration (R47, R49, R64)

Issues in play: The case involved the procedural requirement under CAS R64.2 that failure to pay the full advance on costs results in the appeal being deemed withdrawn. No substantive legal principles were in collision as the case was decided on procedural grounds.

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

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