The Court of Arbitration for Sport (CAS) addressed a dispute between the Algerian football club Association Sportive Raed Chabab de Kouba (RCK) and the Algerian Football Federation (FAF) regarding sanctions imposed on RCK. The controversy stemmed from allegations that one of RCK's players, Samir Khelidi, had played under a false identity during a match against USM El Harrash on May 22, 2008. The FAF's disciplinary commission penalized RCK by deducting six points, suspending the player, and imposing additional sanctions, causing the club to drop from third to fifth place in the league standings and miss promotion to the first division. RCK appealed the decision through internal FAF channels, including the Algerian Tribunal for the Resolution of Sports Disputes (TARLS), but the case was repeatedly referred back to the FAF president without resolution.
RCK then appealed to the CAS, seeking provisional measures to suspend the FAF's decision and allow its participation in the first division while the case was pending. The CAS assessed its jurisdiction under Article R37 of its code, determining that RCK had reasonable chances of success due to unresolved factual and legal questions surrounding the sanctions. The CAS also considered the risk of serious and irreparable harm to RCK, both in sporting and financial terms, as the club would miss matches and revenue if forced to wait for a final decision. The potential administrative burden on the FAF to adjust the league schedule was deemed insufficient to outweigh the harm to RCK.
The CAS granted provisional measures, ordering the FAF to reinstate RCK in the first division pending the final resolution of the dispute. The decision emphasized fairness and the avoidance of irreparable harm in sports disputes, particularly where procedural delays could undermine a club's competitive and financial standing. The case highlights the CAS's role in ensuring equitable treatment in sports governance while balancing the interests of clubs and federations. The procedural complexities underscored the challenges of internal sports governance mechanisms and the need for impartial judicial oversight when such mechanisms fail. The CAS concluded that RCK had exhausted all internal remedies, making the TARLS decision of July 30, 2008, final and binding, thus allowing the appeal to proceed.
The ruling also examined the conditions for granting provisional measures, including the plausibility of RCK's claims, the risk of irreparable harm, and the balance of interests. The CAS found that RCK's case was plausible due to unclear factual circumstances, particularly regarding the player's identity and potential administrative confusion rather than deliberate fraud. The club argued that exclusion from the first division would cause severe sporting and financial consequences, which the CAS deemed irreparable. The potential harm to RCK outweighed any disruption to the FAF or other clubs, as the league schedule could be adjusted without significant consequences. The CAS ultimately ruled in favor of RCK, allowing its immediate participation in the first division until a final decision was reached. The FAF was ordered to integrate RCK into the league and adjust the schedule accordingly, with costs to be determined in the final decision. The case illustrates the importance of provisional measures in preventing irreversible damage while ensuring fair arbitration in sports disputes.