TAS 2023 A 9867 Becker Churukian c. FEGUIFUT & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 23 Apr 2024
Why it matters
This case is significant for clarifying the principle of "active standing" in sports arbitration, particularly when the underlying financial dispute that led to disciplinary sanctions has been resolved. It establishes that an appellant must demonstrate a current, practical interest in the annulment of an appealed decision, beyond a purely declaratory interest. The ruling also reinforces the limits of the CAS's de novo review powers, preventing the introduction of new claims for damages not previously adjudicated by the first-instance body.
Summary
Esteban Becker Churukian, a football coach, appealed a FIFA Disciplinary Committee decision to the Court of Arbitration for Sport (CAS). Previously, Becker Churukian had won an award of EUR 1,045,000 plus interest and costs against the Equatorial Guinean Football Federation (FEGUIFUT) for breach of contract (TAS 2019/A/6428). When FEGUIFUT failed to pay, FIFA's Disciplinary Committee imposed sanctions, including expulsion from the FIFA World Cup 2026 preliminary competition. However, after a payment of EUR 1,000,000 from the Government of Equatorial Guinea and further transfers from FIFA, the full amount owed to Becker Churukian was eventually settled. Following this, FIFA provisionally lifted the sanctions against FEGUIFUT. Becker Churukian appealed this lifting of sanctions to the CAS, arguing it was illegal and an abuse of power, seeking its annulment, reinstatement of sanctions, and moral damages. The CAS Panel, applying Article R47 and R57 of its Code, FIFA Statutes, and the FIFA Disciplinary Code (CDF 2023), along with subsidiary Swiss law, confirmed its jurisdiction but ultimately dismissed Becker Churukian's appeal. The central reason was the appellant's lack of "active standing" (legitimación activa). The Panel found that, under Swiss law and CAS jurisprudence, an appellant must have a current, direct, and legitimate interest (financial or sporting) in the annulment of the appealed decision, existing both at the time of filing and at the time of the award. Since the full debt had been paid before the CAS decision, the original disciplinary procedure, aimed at enforcing payment, had lost its object. Therefore, there was no practical utility for Becker Churukian in annulling FIFA's decision to lift the sanctions. The CAS also deemed the claim for moral damages inadmissible, as it constituted a new claim not previously adjudicated by FIFA's Disciplinary Committee, and the CAS's de novo review powers are limited to the scope of the first-instance decision. Consequently, the appeal was dismissed, and arbitration costs were shared between Becker Churukian and FEGUIFUT.
The detail
Parties: TAS 2023 A 9867 Becker Churukian c. FEGUIFUT & FIFA
Outcome: The appeal by Esteban Becker Churukian against FIFA's decision to provisionally lift sanctions on FEGUIFUT was dismissed due to lack of active standing, as the underlying debt had been paid.
Applicable law: FIFA Statutes, FIFA Disciplinary Code (CDF 2023), CAS Code of Arbitration (R47, R57), and subsidiarily Swiss law.
Issues in play: The case involved the interpretation of FIFA's disciplinary regulations concerning the lifting of sanctions for non-payment (Article 21.3 CDF 2023) and the appellant's active standing to challenge such a decision. Swiss law principles on standing and the scope of appellate review for new claims, specifically moral damages, were also central to the tribunal's decision.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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