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2010 Football Eligibility Partially Upheld FR Appeal Procedure

Parties & Representatives

Arbitrators

President: Romano F. Subiotto

Decision Information

Decision Date: May 3, 2010

Case Summary

The case involved a dispute between Olympique Lyonnais (OL), UEFA, and Fortuna Hjørring regarding the eligibility of two players, Christine Nilsen and Isabell Herlovsen, in a UEFA Women’s Champions League match on November 12, 2009, which OL won 5-0. Fortuna Hjørring contested the players' eligibility, arguing their transfers occurred outside the professional registration period in France, which ended on August 31, 2009. OL maintained the players were amateurs, allowing transfers until January 31, 2010, as per French Football Federation (FFF) rules. The FFF confirmed the amateur status of the women’s league, but FIFA later clarified that if a league includes even one professional player, all transfers must comply with professional deadlines.

The Court of Arbitration for Sport (CAS) addressed several legal issues. It ruled that a protest under UEFA regulations need not specify wording but must contest a relevant rule violation. The CAS emphasized that international registration rules apply uniformly, regardless of a player’s amateur or professional status, and professionalism is determined by written contracts and remuneration, not league classification. The CAS also clarified that forfeiture is not automatic for fielding ineligible players; sanctions must be proportionate. In this case, the players' minimal impact on the match outcome was considered.

UEFA’s Appeals Body initially ruled the players ineligible, imposing a forfeit defeat on OL. OL appealed to CAS, arguing the sanction was disproportionate, as it had relied on FFF and UEFA confirmations of the players' eligibility. The CAS found OL negligent for not verifying eligibility but noted mitigating factors: OL acted in good faith, sought prior confirmations, and the regulations were unclear. The CAS overturned UEFA’s decision, ruling no sanction was warranted and reinstating the original match result.

The case highlighted complexities in player registration rules and the distinction between professional and amateur leagues. It underscored the importance of clear regulations and the responsibility of clubs and federations to ensure compliance. The CAS decision reinforced fairness and proportionality in disciplinary measures, ensuring OL was not unjustly penalized for regulatory ambiguities. The ruling clarified that leagues cannot bypass FIFA’s professional rules by classifying themselves as amateur if they include professional players, maintaining competitive integrity in international football.

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