TAS 2024 A 10251 Liseth Mariana Garnica Prieto c. CD Antofagasta & FIFA ES
CAS · Football (FIFA / CAS) · Switzerland · 25 Feb 2025
Why it matters
This case reaffirms the strict requirements for awarding moral damages in football disputes under Swiss law and CAS jurisprudence. It clarifies that mere suffering from injury and delayed medical care does not automatically entitle a player to compensation; the claimant must prove a severe violation of personality rights, an unlawful act, and a causal link. The decision underscores the exceptional nature of moral damages and the high evidentiary burden on the claimant.
Summary
The case involves Colombian footballer Liseth Mariana Garnica Prieto, who suffered a complete posterior cruciate ligament tear during a friendly match on 9 April 2023 while under contract with CD Antofagasta. She alleged that the club failed to provide timely medical treatment, causing her to wait four months for surgery, and that post-surgery she was left without proper medication or support. She claimed moral damages of USD 200,000 before the FIFA Dispute Resolution Chamber (DRC), which dismissed her claim on 15 November 2023. Garnica appealed to the Court of Arbitration for Sport (CAS). The CAS sole arbitrator applied Swiss law (Article 49 of the Swiss Code of Obligations) and CAS jurisprudence, which require five cumulative elements for moral damages: (a) violation of personality rights, (b) an unlawful act, (c) severe moral damage exceeding what a normal person could bear, (d) a causal link, and (e) no other remedy. The arbitrator found that Garnica failed to prove any of these elements. She did not identify which personality right was violated, nor did she show an unlawful act, the club had obtained multiple medical opinions and she consented to the treatment. The evidence did not establish severe emotional distress beyond normal suffering from a sports injury. Moreover, she provided no rational basis for the USD 200,000 quantum. The appeal was dismissed, and the DRC decision confirmed. The award was issued without costs due to Garnica receiving financial assistance from the CIAS Athletes' Commission.
The detail
Parties: TAS 2024 A 10251 Liseth Mariana Garnica Prieto c. CD Antofagasta & FIFA ES
Outcome: Appeal dismissed; FIFA DRC decision confirmed; no costs awarded; each party bears own legal costs.
Applicable law: FIFA Regulations (RSTP), Swiss Code of Obligations (Art. 49), CAS jurisprudence
Issues in play: Whether moral damages can be awarded under FIFA regulations or Swiss law for alleged mistreatment of an injured player; burden of proof and quantification of moral damages.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.