The case involves Masar Omeragik, a former football player and executive for the Macedonian municipal football union "Strumica," who was sanctioned by the Football Federation of Macedonia (FFM) with a lifetime ban from all football-related activities. The FFM's Disciplinary Committee imposed this penalty after Omeragik appealed to the Macedonian Central Registry against the adoption of the FFM's 2011 Statutes, which the FFM deemed a violation of its regulations and sports ethics. Omeragik challenged this decision, leading to arbitration before the Court of Arbitration for Sport (CAS).
The CAS panel examined several legal principles, including the requirement to exhaust ordinary legal remedies before appealing to CAS, the principle of legality (which mandates that offenses and sanctions must be predefined and predictable), and the contra proferentem principle (which states that ambiguities in federation rules should be interpreted against the federation). The panel also emphasized that sanctions must be proportionate, with the most severe measures reserved as a last resort.
The dispute arose when Omeragik contested the validity of the FFM's 2011 Statutes, alleging irregularities in their adoption, such as insufficient majority approval and non-compliance with UEFA and FIFA requirements. The Macedonian Central Registry initially annulled the FFM's registration of the new statutes, but the FFM appealed this decision to the Macedonian Administrative Court. Meanwhile, the FFM's Disciplinary Committee imposed the lifetime ban on Omeragik, which was upheld by the FFM's Appeals Commission.
The CAS panel found that the FFM's disciplinary decision lacked a proper legal basis, as the statutes did not clearly prohibit Omeragik's actions. It also ruled that the sanction was disproportionate, as less severe measures should have been considered first. The panel noted that Omeragik, as a delegate of the Municipal Football Union Strumica, did not qualify as a direct member of the FFM under its statutes, further undermining the validity of the sanction. Additionally, the Macedonian Administrative Court had ruled that Omeragik had the right to appeal to the Central Registry, reinforcing the lack of legal grounds for the FFM's disciplinary action.
Ultimately, the CAS annulled the FFM's decision, reinstating Omeragik's eligibility for football-related activities and implying that his position as a delegate should be restored. The case underscores the importance of clear, predictable rules and proportionate sanctions in sports governance, as well as the need for disciplinary measures to be grounded in valid legal principles. The ruling highlights the balance between internal sports governance and external legal recourse, ensuring that individuals are not unjustly penalized for exercising their legitimate rights.