The case revolves around a dispute between several prominent Brazilian football clubs—Clube de Regatas do Flamengo, Sao Paulo FC, Fluminense FC, Santos FC, and Cruzeiro Esporte Clube—and the South American Football Confederation (CONMEBOL) concerning the organization of the 2008 Copa Libertadores tournament. The clubs sought to prevent matches from being played at altitudes exceeding 2,750 meters above sea level, citing health risks to players based on a FIFA recommendation from December 2007. Initially, the clubs approached both CONMEBOL and FIFA, but neither entity intervened, with FIFA stating it lacked jurisdiction as the tournament was organized by CONMEBOL.
The clubs subsequently filed an appeal with the Court of Arbitration for Sport (CAS), arguing that CONMEBOL's inaction amounted to a denial of formal justice and that FIFA's refusal to act was a definitive decision subject to appeal. They requested CAS to affirm its jurisdiction and either rule on the merits or refer the matter back to CONMEBOL or FIFA for a formal decision. Additionally, they sought provisional measures to suspend high-altitude matches pending the outcome of the proceedings.
CAS examined its jurisdiction under Article R47 of the CAS Code, which requires that the statutes or regulations of the relevant sports body provide for appeals to CAS or that the parties have a specific arbitration agreement. CONMEBOL contested CAS's jurisdiction, asserting that its statutes contained no arbitration clause permitting such appeals. Despite CONMEBOL's refusal to appoint an arbitrator, CAS proceeded to evaluate its jurisdiction, noting that CONMEBOL's statutes predated FIFA's recognition of CAS as an appeal body and had not been updated to reflect this.
The clubs argued that CONMEBOL was bound by FIFA's arbitration provisions, but the panel rejected this claim, emphasizing that jurisdiction depends on the regulations of the deciding body (CONMEBOL) rather than FIFA's statutes. The panel referenced prior CAS rulings, including CAS 2005/A/952 and CAS 2004/A/676, which affirmed that FIFA's statutes alone do not grant CAS jurisdiction over confederation decisions unless explicitly incorporated into the confederation's regulations.
While acknowledging the urgency and importance of the health-related dispute, the panel concluded that CAS lacked jurisdiction due to the absence of a valid arbitration clause in CONMEBOL's statutes. Consequently, CAS ruled it had no authority to adjudicate the dispute and terminated the proceedings. The decision underscores the necessity for sports bodies to explicitly recognize CAS jurisdiction in their regulations for appeals to be admissible. The case highlights the procedural challenges in enforcing international football governance rules when the involved confederation does not explicitly recognize CAS's authority. Ultimately, the matter remained unresolved by CAS, leaving the clubs without a formal resolution to their concerns.