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2013 Football Eligibility Dismissed English Appeal Procedure

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: January 31, 2014

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on January 31, 2014, in a dispute between the Cape Verdean Football Federation (FCF) and FIFA concerning the eligibility of a player and the disciplinary consequences of fielding an ineligible player. The case originated from a red card issued to a Cape Verdean player, F., during a World Cup qualifying match against Equatorial Guinea on March 24, 2013. FIFA’s Disciplinary Committee subsequently suspended F. for four matches. However, the match was later forfeited by Equatorial Guinea for fielding an ineligible player, resulting in a 3-0 victory for Cape Verde. Despite this, F. was fielded by Cape Verde in a subsequent match against Tunisia on September 7, 2013, prompting FIFA to initiate disciplinary proceedings against the FCF for violating Article 55.1 of the FIFA Disciplinary Code (FDC) and Article 8 of the World Cup Regulations.

The FCF argued that the player’s suspension was no longer valid because the original match had been forfeited, citing Article 19.5 of the FDC, which states that a suspension is considered served if a match is retroactively forfeited due to an ineligible player. FIFA’s Disciplinary Committee rejected this argument, declaring the Tunisia match forfeited by Cape Verde and imposing a fine. The FCF appealed to FIFA’s Appeal Committee, which upheld the decision. The case was then brought before the CAS, which examined the interpretation of the FDC, particularly Articles 18.4 and 19, clarifying that a player’s suspension must be served regardless of whether the match in which the red card was issued is later forfeited. The panel ruled that the exception under Article 19.5 applies only if the forfeit is due to fielding an ineligible player, but this does not absolve the player from serving the suspension. The CAS also dismissed the FCF’s argument that a temporary removal of the red card reference on FIFA’s website implied the sanction was no longer in effect, emphasizing that the FCF should have verified the player’s eligibility directly with FIFA.

The CAS upheld FIFA’s decision, confirming that Cape Verde had fielded an ineligible player and thus forfeited the match against Tunisia. The ruling reinforced the strict application of the FDC to maintain fairness and discipline in football. The case highlights the importance of adhering to eligibility rules and the consequences of failing to comply with disciplinary sanctions. The panel also urged FIFA to ensure greater accuracy in the information displayed on its website to avoid similar misunderstandings in the future. The appeal was dismissed, and the FIFA Appeal Committee’s decision was fully upheld. The decision underscores the complexities of interpreting disciplinary regulations in sports and the importance of procedural correctness in disciplinary decisions.

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