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2008 Football Eligibility Dismissed English Appeal Procedure

Parties & Representatives

Appellant: FK Zemun
Appellant Representative: Marco Del Fabro
Respondent Representative: Ivan Cherpillod

Arbitrators

President: Patrick Lafranchi

Decision Information

Decision Date: November 26, 2008

Case Summary

The case revolves around Fudbalski Klub Zemun (FK Zemun), a Serbian football club, appealing against UEFA's refusal to grant them a license for participation in the UEFA Cup 2008/09. The dispute stemmed from FK Zemun's failure to meet UEFA's financial criteria and deadlines outlined in the Club Licensing Manual. UEFA requires clubs to submit specific financial documents by fixed deadlines to assess their stability and eligibility. FK Zemun, through the Serbian Football Association (SFA), initiated an extraordinary application procedure but repeatedly missed deadlines and provided incomplete documentation, particularly concerning financial viability. UEFA extended the initial deadline from 2 May to 6 May 2008 to accommodate translation needs, but the submitted documents revealed significant financial issues, including negative equity, unpaid salaries, and concerns about the club's ability to continue operations. UEFA requested further clarifications and additional documents, such as a budgeted cash flow statement and proof of the club's capacity to cover future expenses. Despite multiple extensions and reminders, FK Zemun and the SFA failed to provide all required information, particularly financial projections for the upcoming season. On 2 June 2008, UEFA refused FK Zemun's application, citing incomplete documentation and unmet financial criteria. The Court of Arbitration for Sport (CAS) upheld UEFA's decision, emphasizing the importance of adhering to deadlines and treating all clubs equally under the principle of equal treatment. The panel ruled that UEFA's refusal was justified given the club's repeated failures to meet requirements and provide necessary financial assurances. FK Zemun appealed to CAS, requesting provisional measures to allow participation in the UEFA Cup pending the appeal's outcome. The CAS confirmed its jurisdiction under UEFA statutes and Swiss law, examining the case under UEFA's Club Licensing System, which mandates clubs to meet financial and administrative criteria within set deadlines. The panel stressed that deadlines are essential for organizing competitions and that FK Zemun had failed to comply despite multiple extensions. The CAS upheld UEFA's decision, ruling that FK Zemun did not fulfill the necessary financial criteria and missed the submission deadlines. The provisional measures request became irrelevant once the appeal was dismissed. The case underscores the strict enforcement of financial regulations in UEFA competitions to ensure clubs operate sustainably and meet their obligations. The decision reinforces the importance of adhering to licensing requirements and deadlines for participation in international tournaments, maintaining fairness and integrity in competitive football. The panel found UEFA's deadline reasonable and not arbitrary, as it allowed sufficient time for compliance and was necessary for organizational purposes. The appellant was aware of the requirements as early as March 2008 and bore sole responsibility for the delay. The panel underscored that it is the club's duty to provide the necessary documents, not UEFA's responsibility to retrieve them. The requested documents were crucial for assessing the club's financial situation, and the appellant's failure to submit them on time justified the refusal of the license. The panel also highlighted the principle of equal treatment, stating that all clubs must be held to the same standards. Consequently, the panel upheld UEFA's decision, dismissing the appeal and confirming that the refusal was in accordance with UEFA's rules and not arbitrary. The final ruling affirmed the admissibility of the appeal but dismissed it, confirming UEFA's decision and rejecting all other relief petitions.

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