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TAS 2024 A 10858 Guidars FC c. FIFA FR (CAS)

Why it matters

This case clarifies that in CAS appeals against FIFA Clearing House decisions, all parties whose interests are directly affected (including the national association and the new club) must be joined as co-respondents. Failure to do so results in dismissal of the appeal, reinforcing procedural fairness and the right to be heard in sports arbitration.

Summary

Guidars FC, a Malian football club, appealed a FIFA decision regarding the electronic player passport (EPP) of player Gaoussou Diakite. The player had been registered with Guidars as an amateur from 2017 to October 2023, then signed a professional contract with Guidars effective 1 October 2023, but was still registered as an amateur on 15 October 2023. On 30 January 2024, the player was transferred to FC Red Bull Salzburg, which triggered training compensation and solidarity contributions under FIFA's Clearing House system. FIFA's final EPP showed Guidars' registration ending on 15 October 2023 (as amateur), not 29 January 2024 (as professional). Guidars sought to correct the EPP to reflect the professional period, which would increase the solidarity contribution. The CAS sole arbitrator found that the appeal was directed only against FIFA, but the requested modification would directly affect the Malian Football Federation (FMF) and FC Red Bull Salzburg, who were not parties. Under Swiss procedural law, this created a case of necessary joinder (consorité nécessaire). Since Guidars did not join these parties as co-respondents, the arbitrator could not rule on the merits. The appeal was dismissed, and FIFA's decision confirmed. The case highlights the importance of joining all necessary parties in CAS appeals involving FIFA Clearing House decisions.

The detail

Parties: TAS 2024 A 10858 Guidars FC c. FIFA FR

Outcome: Appeal dismissed; FIFA's decision on the player's electronic passport and allocation statement confirmed.

Applicable law: FIFA Regulations on the Clearing House (RCC), FIFA Regulations on the Status and Transfer of Players (RSTJ), Swiss Civil Code

Issues in play: The case involved the procedural requirement of necessary joinder of parties (consorité nécessaire) under Swiss procedural law, and the interpretation of the RCC provisions on the electronic player passport (EPP) process.

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

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