The case involves a dispute before the Court of Arbitration for Sport (CAS) between Nusaybindemir SC, a Turkish football club, and the Turkish Football Federation (TFF) along with Sirnak SC, another football club. The conflict arose from a match on May 4, 2008, which was abandoned due to security concerns involving spectators. The TFF's Executive Committee ruled the match a 3-0 victory for Sirnak and initially deducted three points from Nusaybindemir. Nusaybindemir appealed to the TFF's Appeal Board, which upheld the match result but reversed the point deduction. Dissatisfied, Nusaybindemir then appealed to CAS, seeking to overturn the decision. The central issue was whether CAS had jurisdiction to hear the appeal, as its authority depends on explicit recognition in the statutes or regulations of the relevant sports body.
The arbitration panel, composed of arbitrators from the UK and Turkey, examined whether the TFF's statutes granted CAS jurisdiction. While the TFF Law referenced CAS jurisdiction in Article 2(g), it was limited to disputes involving player transfers, licenses, and contracts, excluding disciplinary matters like this case. The panel concluded that CAS lacked jurisdiction because the dispute did not fall within the scope of the TFF Law's reference to CAS. Nusaybindemir argued that Article 2 of the TFF Law reflected the legislature's intent to grant CAS jurisdiction over all disputes adjudicated by TFF bodies, but the panel found this interpretation insufficient. The TFF countered that Article 14 explicitly limited CAS jurisdiction to specific matters, none of which applied here.
The panel also considered UEFA and FIFA statutes, which require member associations to recognize CAS jurisdiction but do not mandate appeals for purely national disputes. Article 59 of the UEFA Statutes obliges members to respect CAS jurisdiction, but Article 63 excludes domestic disputes from CAS purview. Similarly, FIFA's statutes do not confer blanket jurisdiction for all football-related disputes. The panel emphasized that CAS jurisdiction must be expressly conferred and cannot be inferred from vague or general provisions. Since neither the TFF Law nor the UEFA or FIFA statutes provided a clear basis for CAS jurisdiction in this case, the panel ruled that it lacked authority to hear the dispute.
Ultimately, the panel declared Nusaybindemir's appeal inadmissible and removed the case from its docket. The decision underscores the principle that CAS jurisdiction must be explicitly granted by relevant statutes or agreements, which was not the case here. The ruling highlights the limits of CAS's authority in national-level disputes unless expressly provided for by the governing body's regulations. The case serves as a reminder of the necessity for clear statutory language to establish CAS jurisdiction and reaffirms that CAS cannot assume authority without an explicit grant from the relevant sports federation. The arbitration procedure under case number CAS 2008/A/1571 was officially closed without further action.