The case involves a dispute between S.C. Dinamo 1948 S.A. (Dinamo) and the Romanian Professional Football League (RPFL), the Romanian Football Federation (RFF), and Sporting Club SA Vaslui (Vaslui) regarding disciplinary sanctions and player registration. The Court of Arbitration for Sport (CAS) issued an award on 16 October 2012, with the operative part dated 31 May 2012. The panel examined whether Vaslui violated a FIFA-imposed transfer ban by registering a player in September 2011. Dinamo argued that the ban prohibited Vaslui from registering players until the third registration period, while Vaslui contended the ban expired on 5 September 2011, allowing the registration of a free agent under Article 6(1) of FIFA Regulations.
The CAS ruled that the term "penalized person" should be interpreted broadly to include any party whose rights are affected by a decision. It confirmed that sanctions under Article 17 of FIFA Regulations are disciplinary, even if arising from contractual violations, as FIFA aims to ensure contractual stability. Regarding Article 6(1), the CAS clarified it permits registering players whose contracts expired before the registration period closed, provided it is in good faith and does not undermine sporting integrity. The panel found no evidence of bad faith by Vaslui, as the player’s contract had ended before the registration period closed, making him a free agent.
Dinamo sought sanctions, including a points deduction and match forfeiture, but the RPFL Disciplinary Committee dismissed the complaint as inadmissible. Dinamo appealed to CAS, which upheld the disciplinary nature of FIFA’s sanctions and the validity of Vaslui’s registration. The panel emphasized that Article 6(1) should not be abused to circumvent transfer bans but found no such abuse in this case. The decision underscores the importance of good faith and sporting integrity in player registrations and reinforces FIFA’s regulatory framework.
The CAS also addressed jurisdictional and procedural issues, confirming its authority to hear the case despite objections from Vaslui. It rejected Dinamo’s request for provisional measures to delay the championship standings, citing insufficient grounds. The panel relied on written submissions due to scheduling conflicts and the withdrawal of Dinamo’s hearing request. The final award dismissed Dinamo’s appeal, upholding the original decision and validating Vaslui’s player registration. The ruling provides guidance for national associations in handling similar cases, particularly when clubs attempt to exploit registration exceptions.
The case highlights the interplay between FIFA regulations, national football association rules, and procedural adherence in disciplinary matters. It clarifies the interpretation of registration bans and reinforces the importance of contractual stability in football regulations. The CAS panel’s decision balances strict regulatory adherence with equitable consideration of affected parties’ rights, ensuring fair access to dispute resolution mechanisms. The outcome underscores the need for clear evidence to prove misconduct and the role of CAS in adjudicating complex sports disputes.