TAS 2023 A 9868 Pozanco Pozanco c. FEGUIFUT & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 23 Apr 2024
Why it matters
This case is significant for clarifying the requirements for active standing in CAS appeals, particularly when the primary financial dispute has been resolved. It reinforces that a party must demonstrate a "legitimate and current interest" in the annulment of the appealed decision, beyond a mere declaratory interest, and limits the CAS's de novo review powers, preventing the introduction of new claims for damages not previously adjudicated at the first instance.
Summary
Miguel Ángel Pozanco Pozanco, a professional football coach, initiated disciplinary proceedings against the Equatorial Guinean Football Association (FEGUIFUT) and FIFA after FEGUIFUT failed to comply with a CAS award (TAS 6429) ordering payment of EUR 644,000 plus interest for breach of contract. FIFA's Disciplinary Committee issued several decisions, culminating in a "Sanctioning Decision" (Cuarta Decisión) on February 11, 2022, which expelled FEGUIFUT from the preliminary phase of the FIFA World Cup 2026 until the debt was paid. On July 12, 2023, FIFA provisionally lifted this sanction (the "Appealed Decision") after FEGUIFUT presented a note from the Government of Equatorial Guinea indicating an agreement to pay the debt. Pozanco appealed this decision to the CAS, arguing that FIFA's action was illegal, constituted an abuse of power, and violated FIFA's own regulations and Swiss law, as no actual payment had been made at the time the sanction was lifted. He sought the annulment of the Appealed Decision, the reinstatement of the sanctions, and compensation for moral damages. FIFA, as the Second Respondent, argued that Pozanco lacked active standing to appeal because the underlying financial debt had been fully settled by November 2023, thus eliminating any "legitimate and current interest" in the annulment of the decision or the reinstatement of sanctions. FIFA also contended that the CAS lacked jurisdiction to hear the new claim for moral damages, as such a claim was not part of the original disciplinary proceedings and exceeded the scope of an appeal. The CAS, applying Swiss law and its own jurisprudence, determined that active standing requires a "legitimate and current interest" (financial or sporting) that exists both at the time of filing the appeal and at the time the award is rendered. Since Pozanco had received full payment of the debt, the CAS found that he no longer had a practical interest in annulling the Appealed Decision or reinstating the sanctions, as the disciplinary procedure's objective (securing payment) had been met. The CAS also ruled that the claim for moral damages was inadmissible, as it was a new claim not previously adjudicated and thus outside the CAS's appellate jurisdiction, which is limited to reviewing the first-instance decision. Consequently, the CAS dismissed Pozanco's appeal in its entirety. The costs of the arbitration were to be assumed by half by the Appellant and by FEGUIFUT, with each party bearing its own legal expenses.
The detail
Parties: TAS 2023 A 9868 Pozanco Pozanco c. FEGUIFUT & FIFA
Outcome: The Court of Arbitration for Sport dismissed the appeal filed by Miguel Ángel Pozanco Pozanco against FIFA's Disciplinary Committee decision, finding that the appellant lacked active standing as the underlying financial debt had been settled.
Applicable law: FIFA Statutes (Art. 57.1), FIFA Disciplinary Code (CDF 2023, particularly Art. 21.3), CAS Code of Arbitration (R47, R57, R58), and subsidiarily Swiss law (Swiss Federal Constitution Art. 5, Swiss Civil Code Art. 2, Swiss Code of Civil Procedure Art. 52, Swiss Code of Obligations Art. 43.1, 49.2).
Issues in play: The case primarily involved the interpretation of FIFA's disciplinary regulations concerning the lifting of sanctions (CDF 2023, Art. 21.3) and the CAS's scope of review (CAS Code R57). Key legal principles included active standing under Swiss law, the concept of a "legitimate and current interest" for an appeal, and the admissibility of new claims for moral damages in an appeal procedure.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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