The Court of Arbitration for Sport (CAS) issued an award on December 5, 2016, in the case between Joseph S. Blatter and FIFA, addressing allegations of ethical violations related to a CHF 2 million payment made to Michel Platini in 2011. The case stemmed from an investigation into the payment, which was purportedly for services rendered between 1999 and 2002 but lacked a clear contractual basis. The Swiss Federal Attorney General initiated criminal proceedings, prompting FIFA's Ethics Committee to launch its own disciplinary actions. The CAS panel, composed of Manfred Nan, Patrick Lafranchi, and Andrew de Lotbinière McDougall, examined key legal principles, including the burden of proof, the standard of evidence, and the applicability of FIFA's Code of Ethics (FCE) across its 2006, 2009, and 2012 editions.
Blatter argued that the payment was justified by an oral agreement from 1998, claiming Platini was owed deferred compensation. However, the panel found no conclusive evidence supporting this claim, noting that a written contract from 1999 specified an annual salary of CHF 300,000 with no mention of deferred payments. The panel also scrutinized Blatter's approval of retroactive pension credits for Platini, which extended benefits for years when Platini was not a FIFA Executive Committee member, deeming this an undue advantage. The timing of the payment, coinciding with Blatter's 2011 re-election campaign, raised suspicions of a quid pro quo arrangement, though the panel found insufficient evidence to prove bribery.
FIFA's judicial bodies initially imposed an eight-year ban on Blatter, later reduced to six years on appeal, along with a CHF 50,000 fine. The CAS upheld this decision, emphasizing Blatter's failure to disclose the payment to FIFA's Finance Committee and his reckless authorization of funds without proper verification. The panel rejected Blatter's defense that the FCE's prohibition on gifts between officials did not apply, citing prior CAS rulings that interpreted the term "third parties" broadly to include all individuals, including FIFA officials. The panel also dismissed Blatter's claim of acting in good faith, concluding his actions demonstrated a lack of due diligence and ethical oversight.
The case highlighted governance failures within FIFA, including informal financial practices and unilateral decision-making by its leadership. While the panel acknowledged Blatter's long service and contributions to football, it stressed the need for accountability, particularly for high-ranking officials. The final ruling underscored the importance of transparency and adherence to ethical standards in sports administration, affirming the sanctions as proportionate to the violations. The CAS's decision reinforced the principle that even perceived conflicts of interest undermine the integrity of sports governance and warrant disciplinary action.