The case involves Salernitana Calcio 1919 S.p.A., an Italian football club, appealing a disciplinary decision by FIFA's Disciplinary Committee (DC) regarding unpaid dues to Club Atlético River Plate, an Argentinean club. The dispute began with a 2009 ruling by FIFA's Dispute Resolution Chamber (DRC), which ordered Salernitana to pay River Plate €280,000 plus interest. Salernitana appealed to the Court of Arbitration for Sport (CAS), which in 2010 reduced the amount to €145,000 plus interest. When Salernitana failed to pay, FIFA initiated disciplinary proceedings, resulting in a January 2011 decision imposing a CHF 15,000 fine and threatening further sanctions, including point deductions and potential relegation, if payment was not made within 30 days.
Salernitana appealed the FIFA DC's decision to CAS on March 18, 2011, requesting a stay of execution. FIFA did not oppose the stay, and proceedings were suspended pending CAS's review. River Plate sought to intervene in the case, arguing that the sanctions had not been enforced, but FIFA clarified that disciplinary proceedings were suspended during the CAS appeal. CAS's jurisdiction was established under FIFA's statutes and the CAS Code, with no objections from either party. The applicable law included FIFA regulations and Swiss law. The request for a stay was treated as a provisional measure under CAS rules, requiring consideration of whether the stay would prevent irreparable harm and the likelihood of the appeal's success.
River Plate attempted to intervene in the arbitration, citing its involvement in prior related proceedings and a desire to protect its legal rights. However, Salernitana objected to River Plate's participation, while FIFA did not oppose it. The CAS Panel examined the request under the CAS Code, which permits third-party participation only if bound by the same arbitration agreement or with written consent from all original parties. The Panel determined that River Plate was not a party to the FIFA Disciplinary Committee's decision under appeal and that the current proceedings were disciplinary, involving only Salernitana and FIFA. Since River Plate's involvement did not meet the necessary conditions and Salernitana opposed it, the Panel denied the request for intervention.
In its final ruling, the CAS granted Salernitana's request for provisional measures, staying the FIFA decision until the proceedings concluded. It also rejected River Plate's intervention request and deferred the determination of procedural costs to the final award. The decision highlights the CAS's adherence to jurisdictional limits and procedural requirements in arbitration cases, ensuring a fair and structured resolution process.