The Court of Arbitration for Sport (CAS) issued a ruling on November 27, 2015, in a dispute between the Real Federación Española de Fútbol (RFEF) and FIFA concerning the international transfer of minors to Spanish football clubs, primarily FC Barcelona. The case centered on allegations that the RFEF failed to comply with FIFA regulations designed to protect minors from exploitation and ensure their development in a stable environment. The CAS panel, composed of Rui Botica Santos, José Maria Alonso Puig, and Ulrich Haas, addressed several key legal principles, reaffirming that any procedural violations in initial proceedings are remedied during CAS review. The panel emphasized the importance of safeguarding minors, noting that while EU law supports freedom of movement, FIFA’s Article 19 of the Regulations on the Status and Transfer of Players (RSTP) imposes restrictions to prevent exploitation.
The RFEF was found liable for failing to enforce FIFA’s rules, particularly regarding the registration of minors, as Article 19.4 RSTP holds national associations accountable for breaches by their members. The panel clarified that the absence of an International Transfer Certificate (ITC) requirement for players under 10 does not exempt associations from verifying compliance with Article 19. The case stemmed from FIFA’s investigation into the registration of 31 underage foreign players by Spanish clubs between 2005 and 2012. Despite the RFEF’s arguments, the panel upheld FIFA’s sanctions, stressing the need for strict adherence to regulations protecting minors.
The RFEF contested the sanctions, arguing that Spanish law conflicted with FIFA regulations and that it acted in good faith, attributing breaches to regional bodies like the Catalan Football Federation (FCF) and FC Barcelona. The panel rejected these defenses, ruling that FIFA regulations take precedence over national laws and that the RFEF bore ultimate responsibility for oversight. The panel also dismissed the RFEF’s claim that FIFA Circular No. 1468, which lowered the ITC age requirement from 12 to 10, justified its actions, clarifying that the circular did not alter the fundamental prohibition on minor transfers under Article 19.
FIFA had imposed a fine of CHF 500,000 on the RFEF, including CHF 350,000 for breaches involving 14 minors and CHF 150,000 for procedural violations. The panel adjusted the fine to CHF 280,000 (CHF 20,000 per minor), deeming it more proportionate while upholding the procedural costs of CHF 30,000. The decision underscored the RFEF’s negligence in monitoring compliance and the need for deterrence, given the prolonged and repeated violations. The ruling reinforced FIFA’s authority to enforce disciplinary measures and highlighted the shared responsibility of national associations in upholding minor protection rules.
The case illustrates the tension between national and international sports regulations, with the RFEF advocating for the primacy of Spanish law. However, the panel affirmed FIFA’s framework, emphasizing the hierarchical authority of its rules in global football governance. The decision serves as a precedent for strict enforcement of minor protection measures, ensuring clubs and associations prioritize the welfare of young players over competitive interests. The CAS ultimately upheld FIFA’s sanctions, modifying only the fine amount, and dismissed all other claims, concluding the RFEF’s appeal. The ruling underscores the importance of adherence to FIFA’s regulations and the consequences of systemic failures in enforcement.