The case involves a long-standing legal dispute between the Gibraltar Football Association (GFA) and FIFA regarding GFA's application for FIFA membership. The GFA initially applied for membership in 1991, but the application was rejected. A subsequent application in 1997 led to prolonged negotiations and legal proceedings, culminating in the GFA becoming a provisional member of UEFA in 2007 and a full member in 2013. Despite this, FIFA refused to grant GFA membership, prompting an appeal to the Court of Arbitration for Sport (CAS). The central issue revolved around whether FIFA's refusal violated legal principles such as non-retroactivity, procedural fairness, and good faith, particularly given that FIFA had admitted other non-independent territories under similar circumstances.
The CAS panel ruled that FIFA's actions were unjust and inconsistent with principles of fairness and good faith. The panel emphasized that FIFA, as the supreme regulatory authority in football, must adhere to general legal principles, including the non-retroactivity of rules. The panel found that FIFA could not retroactively apply its updated 2014 membership criteria to GFA's 1997 application, as doing so would violate these principles. The panel also highlighted that GFA had met the membership criteria under the 1996 FIFA Statutes, which did not require an applicant to be an independent state. The panel noted that FIFA had historically admitted football associations from non-independent territories, such as Bermuda and the Cayman Islands, under the same statutes, making its refusal to admit GFA discriminatory.
The panel further concluded that FIFA's refusal infringed on GFA's personality rights under Swiss law, as it prevented GFA from participating in global football competitions and accessing essential FIFA resources. The panel rejected FIFA's argument that GFA's exclusion was justified by Gibraltar's disputed status or political sensitivities, finding no legal basis for such a criterion in FIFA's statutes. The panel also dismissed FIFA's claim that GFA could affiliate with one of the British football associations, noting that GFA had always operated independently and that no such affiliation existed.
Ultimately, the CAS panel partially upheld GFA's appeal, ordering FIFA's Executive Committee to forward GFA's membership application to the FIFA Congress for admission. The panel dismissed GFA's request for damages, stating that such claims would require a separate legal action. The ruling underscored the importance of fair treatment for football associations and upheld GFA's right to pursue membership without undue political interference. The decision ensures GFA's pathway to FIFA membership while respecting procedural requirements and legal principles. The case highlights the broader implications for sports governance, emphasizing the need for transparency, consistency, and fairness in the admission processes of international sports federations.