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2012 Football Disciplinary Inadmissible English Appeal Procedure

Parties & Representatives

Appellant Representative: João Marques
Respondent: FK Sutjeska
Respondent Representative: Zoran Damjanovic; Marco Del Fabro

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: March 27, 2013

Case Summary

The case involves a legal dispute between Clube Desportivo Nacional (Nacional), a Portuguese football club, and FK Sutjeska (Sutjeska), a Montenegrin football club, adjudicated by the Court of Arbitration for Sport (CAS). The conflict originated from Nacional's failure to comply with a decision by FIFA's Dispute Resolution Chamber (DRC), which ordered Nacional to pay Sutjeska €335,000. After the DRC decision became final, FIFA's Disciplinary Committee (DC) found Nacional guilty of non-compliance under Article 64 of the FIFA Disciplinary Code (FDC) and imposed sanctions, including a fine of CHF 20,000 and a potential six-point deduction from Nacional's league standings if the payment was not made within 30 days. Nacional appealed the DC decision to CAS, arguing it should not be considered a respondent in the proceedings. The CAS panel, composed of Prof. Luigi Fumagalli, João Nogueira Da Rocha, and Patrick Lafranchi, ruled that disciplinary proceedings before the FIFA DC primarily served FIFA's interest in enforcing compliance, and under Swiss law, a club cannot be a passive subject in such proceedings as its rights are not directly affected. The panel also rejected Nacional's attempt to include FIFA as a respondent after the appeal deadline, citing procedural rules that prohibit such amendments. The CAS upheld the DC's decision, emphasizing that the sanctions were proportionate given Nacional's persistent refusal to comply. The case highlights the procedural complexities in sports arbitration, particularly regarding the proper identification of parties and the enforcement of disciplinary measures. Nacional later sought to rectify its appeal by including FIFA as a party, but the panel deemed this inadmissible, as the CAS Code requires the respondent to be specified in the initial appeal and does not permit substitutions after the deadline. The panel dismissed Nacional's appeal against Sutjeska, ruling it inadmissible due to the incorrect identification of the respondent. The decision reinforces FIFA's authority to enforce disciplinary measures and underscores the importance of procedural correctness in arbitration. The case concludes with the CAS dismissing Nacional's appeal and all related requests, reaffirming that only parties directly affected by a decision can be valid respondents in such arbitrations. The ruling aligns with established CAS jurisprudence and emphasizes the limited standing of clubs in disciplinary appeals before CAS.

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