The case involves a dispute between Al Ittihad Saudi Club and FIFA, adjudicated by the Court of Arbitration for Sport (CAS). The conflict arose from Al Ittihad's failure to comply with a final and binding decision by FIFA's Players' Status Committee (PSC) on July 29, 2015, which ordered the club to pay AS Roma €1,760,000 plus interest, along with fines and procedural costs totaling CHF 85,000. When Al Ittihad missed the payment deadline, FIFA initiated disciplinary proceedings under Article 64 of the FIFA Disciplinary Code (FDC), resulting in a CHF 10,000 fine imposed by the FIFA Disciplinary Committee (FIFA DC) on March 4, 2016.
Al Ittihad appealed the decision to CAS, arguing the fine was disproportionate and requesting its annulment or reduction. The CAS panel, composed of arbitrators from the Netherlands, Hungary, and Germany, reviewed the case and emphasized its limited scope of review, focusing solely on whether the fine was evidently and grossly disproportionate. The panel noted that CAS jurisprudence requires deference to disciplinary decisions by sports governing bodies unless sanctions are clearly unreasonable. It found no evidence that the CHF 10,000 fine was disproportionate, as it fell within FIFA's discretionary authority and aligned with established practices.
The panel highlighted that disciplinary matters must be evaluated case-by-case, considering factors like the seriousness of the violation, mitigating or aggravating circumstances, and proportionality. FIFA had granted Al Ittihad a final grace period to settle its debts and warned of harsher sanctions, including point deductions or relegation, for further non-compliance. The CAS panel upheld the FIFA DC's decision, concluding the fine was justified and not excessive. It rejected Al Ittihad's arguments, including claims of partial payment, lack of prior infringements, and inconsistency with FIFA's practice, noting the club had previously violated the same provision.
The ruling reinforced the principle that disciplinary sanctions should be respected unless manifestly unfair, ensuring the integrity of football's regulatory framework. The CAS dismissed the appeal, confirming the original decision and all associated sanctions. The case underscores the importance of compliance with FIFA's decisions and the limited scope of CAS review in disciplinary appeals, emphasizing the binding nature of FIFA's authority in enforcing financial discipline within football. The final decision, dated November 21, 2016, upheld the FIFA DC's ruling in its entirety.