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TAS 2024 A 10635 Federación Ecuatoriana de Fútbol c. FIFA ES (CAS)

Why it matters

This case clarifies that FIFA must properly notify national associations of registration bans before they can be held liable for non-implementation. It underscores that automatic sanctions require clear communication and that technological errors (e.g., missing attachments, case number changes) can excuse non-compliance. The decision reinforces due process in FIFA disciplinary proceedings.

Summary

The Federación Ecuatoriana de Fútbol (FEF) appealed a FIFA Disciplinary Committee decision fining it CHF 50,000 for failing to implement a registration ban against its affiliated club, Club Sport Emelec. The ban arose from Emelec's non-payment to player Nicolás Queiroz Martínez under a CAS consent award. FIFA had sent a proposal to Emelec in July 2023 warning that a ban would be automatically imposed if payment was not made within 30 days. The FEF was copied. After non-payment, FIFA sent an email on 14 September 2023 to Emelec (with FEF in copy) stating the ban was active and requesting FEF to implement it nationally 'if not done yet.' However, the FEF did not receive the attachment containing the decision, and the email referenced a different case number (FDD-16001) than the original (FDD-15430). The FEF tried to inquire but could not access the case on FIFA's portal. Subsequently, Emelec registered 24 players during the ban, three of which were improper. The CAS panel held that the ban was not automatic; FIFA had to notify the FEF clearly of the need to implement it. The 14 September notification was defective because the attachment was missing and the case number changed. The FEF had acted diligently by seeking clarification. Therefore, the FEF could not be held responsible for non-implementation. The appeal was upheld, the fine annulled, and each party bore its own costs.

The detail

Parties: TAS 2024 A 10635 Federación Ecuatoriana de Fútbol c. FIFA ES

Outcome: Appeal upheld; FIFA Disciplinary Committee decision annulled; FEF not sanctioned.

Applicable law: FIFA Statutes (2022 edition), FIFA Disciplinary Code, CAS Code of Sports-related Arbitration, Swiss law

Issues in play: The case involved the interpretation of automaticity of registration bans under FIFA Disciplinary Code Art. 21 and the requirement of proper notification to national associations.

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

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