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2007 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Milan Zivadinovic
Appellant Representative: Milan Vujin

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: April 2, 2007

Case Summary

The case centers on Milan Zivadinovic, a Serbian football coach, and his failure to comply with a financial decision issued by FIFA's Players' Status Committee (PSC) in 2004, which ordered him to pay $125,000 to the Iraqi Football Association (IFA). Despite the dismissal of his appeal by the Court of Arbitration for Sport (CAS) in 2005, Zivadinovic did not fulfill the payment obligation. In 2006, FIFA's Disciplinary Committee (DC) initiated proceedings against him under Article 68 of the FIFA Disciplinary Code (FDC), which mandates sanctions for non-compliance with FIFA decisions. The DC rejected Zivadinovic's excuses, including requests for bank details and claims of financial hardship, and ruled on 30 November 2006 that he was guilty of failing to comply. The DC imposed a fine of CHF 15,000, with a 30-day deadline for payment, and warned that failure to pay would result in a ban from football-related activities. Additionally, Zivadinovic was ordered to cover the proceedings' costs of CHF 2,000. The case underscores FIFA's authority to enforce compliance with its decisions and highlights that financial difficulties do not excuse non-compliance.

Zivadinovic appealed the DC's decision to CAS on 27 December 2006. CAS evaluated its jurisdiction based on FIFA Statutes, which designate it as the authority for resolving disputes involving FIFA and its affiliates. However, CAS noted that the IFA, though the beneficiary of the unpaid sum, was not a party to the disciplinary proceedings. The proceedings were solely against Zivadinovic for non-compliance, and the IFA's rights were not directly at stake. Consequently, CAS ruled that it lacked jurisdiction to hear an appeal against the IFA, as the disciplinary decision did not concern them directly. The Panel dismissed the appeal, upholding the DC's decision and sanctions.

The truncated excerpt from the FIFA Disciplinary Committee's decision on 30 November 2006 indicates a dismissal of an appeal or matter, though the full context is unclear due to omitted details. The case exemplifies FIFA's commitment to upholding its disciplinary mechanisms and ensuring adherence to its rulings, reinforcing the limited role of national federations in such proceedings. The outcome emphasizes the binding nature of FIFA's decisions and the consequences of non-compliance, even in cases involving financial hardship. The dismissal of Zivadinovic's appeal by CAS further solidifies the authority of FIFA's disciplinary framework in maintaining integrity within football governance.

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