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TAS 2024 A 10798 Club Atlético Banfield c. Luis Enrique Del Pino Mago & FIFA ES (CAS)

Why it matters

This case reinforces the CAS's deference to FIFA DRC decisions on proportionality of sanctions and clarifies that when a contract references a foreign currency for payment, the debt is enforceable in that currency even if the debtor claims impossibility due to local exchange controls. It also confirms that a USD 2,500 fine for late payment of USD 215,700 (1.16%) is not disproportionate.

Summary

Club Atlético Banfield appealed a FIFA DRC decision ordering it to pay USD 215,700 plus interest to Venezuelan player Luis Enrique Del Pino Mago for unpaid salaries and bonuses under a contract that referenced US dollars but allowed payment in Argentine pesos at a specific exchange rate. Banfield argued that it could only pay in pesos due to Argentine currency restrictions and that the DRC erred in converting the debt to USD. The CAS sole arbitrator dismissed the appeal, holding that the contractual intent was to guarantee the player a specific USD amount, and that Banfield failed to prove any actual impossibility to pay in USD. The arbitrator also upheld the USD 2,500 fine as proportionate, noting Banfield's recidivism. Banfield was ordered to pay CHF 4,000 towards the player's legal costs and CHF 1,000 to FIFA.

The detail

Parties: TAS 2024 A 10798 Club Atlético Banfield c. Luis Enrique Del Pino Mago & FIFA ES

Outcome: Appeal dismissed; CAS confirmed FIFA DRC decision ordering Banfield to pay USD 215,700 plus interest to the player, and a USD 2,500 fine.

Quantum: USD 215,700 plus interest

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Art. 12bis; CAS Code of Sports-related Arbitration; Argentine law as governing law of the contract.

Issues in play: The main legal issue was the currency of payment: whether the debt should be paid in Argentine pesos (as Banfield argued) or in US dollars (as the player and FIFA DRC held). The CAS sole arbitrator upheld the DRC's decision that the amounts were due in USD based on the contractual intent and the player's expectation.

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

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