The case involves a dispute between Real Madrid FC and FIFA over the registration of a minor player, M., under FIFA's regulations. FIFA's Single Judge initially rejected Real Madrid's request to register the player, citing concerns that the player's parents might have moved to Spain for football-related reasons rather than non-football motives as required by FIFA rules. Real Madrid appealed this decision to the Court of Arbitration for Sport (CAS), arguing procedural and substantive issues. The CAS examined the case under Swiss law, focusing on the appeal deadline, the role of national federations in registration proceedings, and the legal effects of notifications.
The CAS upheld FIFA's decision, ruling that the 21-day appeal deadline began when the decision was notified to the Spanish Football Federation (RFEF), which acted as Real Madrid's representative. The tribunal found that notifications to the RFEF were effectively notifications to Real Madrid under Swiss law. Additionally, the CAS agreed with the Single Judge's assessment that the evidence provided—such as the parents' employment documents and residence permits—failed to convincingly prove their move was unrelated to football. Discrepancies in the timeline of the family's relocation and the lack of proof of legitimate employment in Spain reinforced the conclusion that the move was likely motivated by football interests.
Real Madrid argued that the family relocated due to deteriorating conditions in Venezuela, including safety concerns and political instability, and chose Spain for its stability and quality of life. The club emphasized that the family's financial independence, evidenced by property purchases and a resident visa without work authorization, supported their claim that the move was not football-related. However, FIFA countered that the player had already participated in try-outs and friendly matches in Spain before the family's move, suggesting football was the primary motive. FIFA also questioned the timeliness of Real Madrid's appeal, asserting it was filed after the deadline.
The Sole Arbitrator confirmed that the appeal was inadmissible due to its late submission. The deadline for filing began when the decision was uploaded to FIFA's Transfer Matching System (TMS) on April 30, 2014, making the appeal due by May 21, 2014. Real Madrid filed its appeal on May 26, 2014, missing the deadline. The arbitrator emphasized the RFEF's role as Real Madrid's representative, noting that notifications to the RFEF were legally binding for the club. The ruling highlighted the importance of adhering to procedural deadlines and the representative role of national federations in FIFA proceedings.
Ultimately, the CAS dismissed Real Madrid's appeal, affirming FIFA's decision to reject the player's registration. The case underscores FIFA's strict regulations on the transfer and registration of minors to protect their welfare and prevent exploitation. It also clarifies procedural aspects of appeals and the legal effects of representation in such disputes. The outcome reinforces the rigorous scrutiny applied to exceptions allowing the registration of minor players and the necessity of compliance with FIFA's rules.