The Court of Arbitration for Sport (CAS) ruled on a dispute between the Football Association of Thailand (FA Thailand) and FIFA concerning an ineligible player fielded during a match against Palestine on February 23, 2011, in the U-23 Olympic Football Tournament qualifiers. The player, Sutjarit Jamtakol, was suspended due to an incident in the 2008 AFC Under 19 Championship, but Thailand argued the suspension had been served during the Asian Games, which they considered an official AFC competition. FIFA rejected this claim, stating the Asian Games was not an official AFC event, and declared the match forfeited (0-3), imposing a fine of CHF 6,000 and additional costs.
FA Thailand appealed to CAS, contesting the decision on procedural and substantive grounds. They claimed no prior notification of the suspension was provided and argued the suspension should not apply to FIFA competitions. FIFA countered that associations are responsible for tracking player eligibility and cited Article 55 of the FIFA Disciplinary Code (FDC), which mandates forfeiture for fielding ineligible players. A key procedural issue was Article 116 of the FDC, requiring appellants to request the grounds of a decision within 10 days to preserve appeal rights. FA Thailand missed this deadline, leading FIFA to argue the decision was final.
The CAS upheld FIFA's position, ruling that Article 116 complements the 21-day appeal window under FIFA Statutes and does not infringe on appellants' rights. The provision aims to streamline FIFA's caseload and ensure efficient justice. The CAS found FA Thailand's appeal inadmissible due to the missed deadline, emphasizing the clarity of Article 116 and its alignment with legal principles. The CAS also dismissed FA Thailand's substantive arguments, noting the Asian Games' unofficial status and the association's duty to monitor suspensions.
The case highlights the binding nature of FIFA's disciplinary mechanisms and the importance of adhering to procedural timelines. FA Thailand's failure to comply with Article 116 rendered the decision final, reinforcing the enforceability of FIFA's rules. The CAS decision underscores the responsibility of member associations to ensure player eligibility and the consequences of procedural non-compliance. The ruling also clarifies that suspensions from continental competitions can extend to FIFA events, ensuring consistency in disciplinary enforcement. Ultimately, the CAS upheld FIFA's sanctions, including the match forfeiture and financial penalties, concluding the matter with a reaffirmation of the importance of regulatory adherence in international football.