The case involves FC Spartak, a Slovak football club, appealing a decision by FIFA's Disciplinary Committee (DC) which enforced a prior ruling by FIFA's Dispute Resolution Chamber (DRC). The DRC had ordered FC Spartak to pay €28,500 to player Babacar Niang for unpaid wages, plus interest if delayed. When the club failed to pay, the FIFA DC imposed a fine of CHF 5,000 and threatened further sanctions, including point deductions or relegation. FC Spartak appealed to the Court of Arbitration for Sport (CAS), arguing the DRC lacked jurisdiction, as the dispute should have been handled by a national arbitration tribunal under the Slovak Football Association (SFA). However, the CAS panel, led by sole arbitrator Mark Hovell, ruled that its role was limited to reviewing the FIFA DC's decision, not the DRC's ruling, which had become final and binding since the club did not appeal it within the 21-day deadline.
The CAS emphasized that under Article R56 of its Code, parties cannot introduce new arguments after submitting their initial answer unless exceptional circumstances apply. FC Spartak's attempt to challenge the DRC's jurisdiction during the CAS appeal was deemed inadmissible because it was not raised in a timely manner during the initial proceedings. The club also failed to prove the existence of a qualifying national arbitration tribunal, which would have been necessary to contest the DRC's authority. The CAS upheld the FIFA DC's decision, reinforcing that clubs must comply with FIFA's rulings or face escalating sanctions. The arbitrator dismissed FC Spartak's appeal, confirming the validity of the FIFA DC's enforcement measures.
The case highlights the binding nature of FIFA's dispute resolution decisions and the limited scope of CAS review in disciplinary appeals. It underscores the importance of adhering to procedural timelines and the finality of decisions made by FIFA's legal bodies. The ruling serves as a reminder that clubs must promptly address jurisdictional objections during initial proceedings and cannot later challenge enforcement actions on grounds they failed to raise earlier. The final award, issued on 29 August 2012, rejected FC Spartak's appeal in its entirety, upholding the FIFA DC's decision and the CHF 5,000 fine. The outcome reinforces FIFA's authority in resolving international employment disputes in football and the consequences of non-compliance with its rulings.