The Court of Arbitration for Sport (CAS) issued a ruling on March 23, 2015, in the case of Fernando Santos v. FIFA, addressing disciplinary sanctions imposed on the football coach for unsporting behavior during the 2014 FIFA World Cup. The case centered on Santos's conduct during a match between Greece and Costa Rica, where he was expelled for protesting referee decisions and allegedly receiving unequal treatment compared to the opposing team. After being sent off, Santos consulted his assistant coach and players to prepare for penalties, which FIFA deemed a breach of disciplinary rules. The CAS panel, composed of Prof. Luigi Fumagalli, Mr. José Juan Pintó, and Mr. Herbert Hübel, examined key legal principles, including the hierarchy of norms and the interpretation of FIFA regulations.
The panel ruled that FIFA's circular letters, while useful for interpreting regulations, cannot override the FIFA Disciplinary Code (FDC). Any changes to the FDC must be made through formal amendments, not circulars. The panel also clarified that Article 18(3) of the FDC permits an expelled official to instruct only their replacement on the substitute’s bench before leaving the field. Consulting other individuals, such as players, violates this provision. The FDC establishes that sanctions are personal to the offender, irrespective of the team they represent, emphasizing individual responsibility for actions.
Santos appealed FIFA's initial eight-match suspension and CHF 20,000 fine, arguing that his behavior was misinterpreted and that the sanctions were disproportionate. He contended that Article 49 of the FDC, which pertains to red cards, did not apply to coaches, as only players receive red cards. FIFA maintained that the term "person" in the FDC includes all individuals, not just players, and that Santos's conduct warranted the sanction. The panel found that Santos's post-expulsion interactions with players exceeded permissible limits under Article 18(3) but rejected FIFA's reliance on circulars to override the FDC.
The panel reduced Santos's suspension to four matches and the fine to CHF 10,000, considering his lack of prior disciplinary record and his role as an ambassador for ethical values in sports. Half of the suspension (two matches) was suspended, with a six-month probationary period. The ruling underscored the principle of personal accountability, stating that sanctions follow the individual regardless of team changes. The panel also dismissed Santos's claim that the suspension should apply only to the team he coached at the time of the incident, emphasizing that such an interpretation would create unfair loopholes.
The case highlighted the complexities of applying disciplinary measures to coaches and the importance of adhering to established regulations. The CAS decision reinforced the binding nature of the FDC over supplementary guidance like circulars and affirmed the need for clarity in regulatory frameworks. The ruling balanced association autonomy with judicial oversight, ensuring disciplinary measures are proportionate and fairly applied. The proceedings adhered to procedural fairness, with both parties confirming their rights were respected during the hearing. The case serves as a precedent for the strict enforcement of disciplinary measures in football and the legal avenues available for challenging such decisions.
Ultimately, the panel partially upheld Santos's appeal, modifying the original FIFA decision while affirming the principles of personal responsibility and the hierarchy of legal norms. The ruling clarified the limits of a coach's authority post-expulsion and the conditions under which sanctions may be partially suspended. The decision underscored the importance of respecting match officials' authority and maintaining discipline in football.