The case revolves around an arbitration dispute between Konyaspor Club, a Turkish football club, and Kaies Ghodbane, a Tunisian professional football player, brought before the Court of Arbitration for Sport (CAS). The dispute stemmed from a contractual disagreement where Ghodbane filed a claim with FIFA's Dispute Resolution Chamber (DRC) against Konyaspor for unpaid salaries and bonuses. On June 8, 2007, the DRC ruled in Ghodbane's favor, ordering Konyaspor to pay USD 394,242 within 30 days. Konyaspor attempted to appeal this decision, but the appeal was rejected by CAS due to procedural non-compliance. As a result, FIFA's Disciplinary Committee fined Konyaspor CHF 25,000 for non-payment, though this decision was later nullified due to a rectification in the original DRC ruling. FIFA then issued a new fine of CHF 20,000 on June 16, 2008, which Konyaspor appealed to CAS, incorrectly naming Ghodbane as the respondent instead of FIFA.
The CAS panel, applying Swiss law under FIFA Statutes and CAS rules, examined whether Ghodbane had standing to be sued (légitimation passive). It concluded that Ghodbane lacked standing because the appeal sought relief only against FIFA's disciplinary sanction, not against Ghodbane himself. The panel noted that Ghodbane was not a party to the disciplinary proceedings and was unaffected by the appealed decision. Konyaspor's appeal explicitly targeted FIFA's disciplinary decision, not Ghodbane, and thus the player had no stake in the dispute. The panel also clarified that CAS's procedural rules (Article R48) do not permit correcting major procedural errors, such as naming the wrong respondent, and that the CAS Court Office has no duty to verify the correctness of the respondent.
Ultimately, the panel dismissed the appeal on procedural grounds, emphasizing that Konyaspor's failure to name FIFA as the proper respondent rendered the appeal inadmissible. The decision reaffirmed that a party must have a direct stake in the dispute to be summoned before CAS, and in this case, Ghodbane had no such stake. The ruling underscores the importance of correctly identifying the respondent in arbitration proceedings and the limitations of CAS's procedural flexibility in addressing such errors. The CAS upheld the FIFA Disciplinary Committee's decision, confirming the fine imposed on Konyaspor and closing the case. The outcome highlights the necessity of procedural accuracy in legal appeals and the consequences of failing to adhere to established arbitration rules.