TAS 2023 A 9972 Federación Mexicana de Fútbol Asociación v. FIFA ES
CAS · Football (FIFA / CAS) · Switzerland · 10 Oct 2024
Why it matters
This CAS award clarifies the limits of strict liability for national football associations under Swiss law and FIFA regulations. It emphasizes that while associations can be sanctioned for fan misconduct, the degree of control and FIFA's own conduct (e.g., failure to implement anti-discrimination protocols) are relevant mitigating factors. The decision also highlights the evolving approach to homophobic chants in football, balancing punishment with preventive measures.
Summary
The case concerns an appeal by the Mexican Football Federation (FMF) against a FIFA disciplinary decision for homophobic chants by Mexican fans during two 2022 World Cup matches (Mexico vs. Poland and Saudi Arabia vs. Mexico). FIFA's Disciplinary Committee fined FMF CHF 100,000 and ordered a match behind closed doors (suspended for two years). On appeal, FIFA's Appeal Committee reduced the fine to CHF 50,000 (plus CHF 50,000 suspended) and replaced the closed-door sanction with a 20% stadium capacity reduction (also suspended for two years), requiring FMF to invest in anti-discrimination programs. FMF appealed to CAS, arguing it had no control over fans at FIFA-organized matches and that strict liability under Swiss law should not apply. CAS partially upheld the appeal, finding that FIFA's failure to use its anti-discrimination protocols (e.g., stadium announcements) during the first match was a mitigating factor. The panel reduced the probationary period for the capacity reduction from two years to one year, which had already expired, effectively eliminating that sanction. The fines and investment obligation were confirmed. The award underscores that while associations are responsible for fan conduct, FIFA's own actions and the association's proactive anti-discrimination efforts are relevant to proportionality.
The detail
Parties: TAS 2023 A 9972 Federación Mexicana de Fútbol Asociación v. FIFA ES
Outcome: The appeal was partially upheld. The probationary period for the suspended sanction of playing one match with limited spectators was reduced from two years to one year, which had already expired, rendering that sanction ineffective. The fine of CHF 50,000 (plus a suspended CHF 50,000) and the obligation to invest in an anti-discrimination plan were confirmed.
Quantum: CHF 50,000 (plus CHF 50,000 suspended)
Applicable law: FIFA Disciplinary Code (2019 edition), Swiss law
Issues in play: The case involved the principle of strict liability under Swiss law versus the requirement of fault for disciplinary sanctions. The FMF argued it could not be held strictly liable for fan conduct at a FIFA-organized event where it had no control.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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