The case involves an appeal by former football player and executive Masar Omeragik against the Macedonian Football Federation (FFM) regarding his lifetime exclusion from the organization. The dispute originated from the adoption of the 2011 FFM Statutes, which Omeragik contested, alleging irregularities in the voting process and non-compliance with UEFA and FIFA requirements. The FFM maintained the statutes were validly adopted and registered with the Macedonian Central Registry. Omeragik's appeal led to the annulment of the Central Registry’s decision due to procedural doubts, after which the FFM’s Disciplinary Committee imposed a lifetime ban on him for violating the statutes by filing the appeal. This decision was upheld by the Appeals Commission, prompting Omeragik to appeal to the Court of Arbitration for Sport (CAS).
The CAS panel examined its jurisdiction under Article R47 of the CAS Code, which requires the exhaustion of all legal remedies and the federation’s statutes to allow for CAS arbitration. The panel assessed prima facie jurisdiction, referencing Article 73.3 of the FFM Statutes, which permits disputes to be referred to CAS. The panel provisionally found that the CAS had jurisdiction, as the FFM Statutes provided for CAS appeals and Omeragik had exhausted ordinary legal remedies. The panel noted that extraordinary remedies, such as recourse to the Commission for Protection of the Legality, did not need to be exhausted under the CAS Code.
Omeragik sought provisional measures, arguing reputational harm as irreparable damage. The panel acknowledged reputational harm could be irreparable but found his claims insufficiently substantiated, particularly regarding employment impact. The panel distinguished this case from prior CAS decisions where provisional relief was granted due to more concrete deprivations, such as election rights. The panel concluded the reputational damage was not severe enough to warrant provisional measures, especially since the sanction was under appeal and could be lifted, making any damage temporary.
The case highlights procedural complexities in sports governance, including the validity of internal decisions, exhaustion of legal remedies, and the balance between reputational harm and disciplinary measures. The CAS panel’s interim order focused on jurisdictional and procedural aspects, leaving the final decision on the merits for a subsequent award. The outcome underscores the importance of due process in sports disciplinary actions and the role of CAS in resolving such disputes. The panel ultimately denied Omeragik’s request for provisional measures, with costs to be settled in the final award. The decision was classified as a procedural order, not an award, and the CAS denied the application for provisional measures.