The case involves a dispute between the Croatian Chess Federation (CCF) and the European Chess Union (ECU) over the hosting rights for the European Club Cup 2012. The CCF appealed the ECU's decision to award the event to Eilat, Israel, arguing that the Israeli bid did not comply with the European Chess Union Tournament Rules 2010. The appeal was filed with the Court of Arbitration for Sport (CAS) on 20 May 2011. The ECU contested the appeal's timeliness, asserting it should have been filed within 30 days of the decision made on 29 March 2011 under Swiss law. The CCF countered that the appeal was timely, as it was filed within 21 days of receiving written notice of the decision on 30 April 2011, in accordance with Article R49 of the CAS Code.
The Sole Arbitrator, Prof. Petros Mavroidis, examined jurisdictional and procedural aspects, confirming CAS jurisdiction under Article 58 of the ECU Statutes, which allows disputes to be resolved by CAS without recourse to other courts. The applicable law included ECU rules and regulations, with Swiss law as a subsidiary reference. The key issue was whether the 21-day deadline under CAS rules or the 30-day deadline under Swiss law applied. The Arbitrator ruled that Article R49 of the CAS Code, setting a 21-day deadline from receipt of the decision, was exhaustive and did not require reference to Swiss law, deeming the appeal timely.
The dispute also centered on the validity of Israel's bid, particularly the timely payment of a €2,000 bid fee. The original deadline was 8 July 2010, but the ECU extended it to 15 August 2010 for Israel. Due to summer holidays, Israel's payment arrived on 27 August 2010, after the extended deadline but before the final decision in March 2011. The Arbitrator found the ECU had discretion to extend deadlines under its rules and deemed Israel's payment timely, as it was made in good faith and well before the final decision. The CCF's claim that it should have won the bid as the highest-rated applicant was dismissed for lack of substantiation.
The Arbitrator emphasized the ECU's discretion in managing bid processes but recommended notifying all bidders of deadline extensions to avoid future disputes. Ultimately, the appeal was dismissed, and the ECU's decision to award the event to Israel was upheld. The case highlights the primacy of sports federation regulations over national law in CAS arbitration and the importance of adhering to procedural deadlines. The final award was issued on 25 October 2011, concluding the matter in favor of the ECU.