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2016 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

Decision Information

Decision Date: May 8, 2017

Case Summary

The case involves a dispute between Mersin Idman Yurdu Sk, a Turkish football club, and Universal Stars Club, a Cameroonian football club, over unpaid training compensation for a player who transferred from Universal to Mersin. FIFA's Dispute Resolution Chamber initially ruled in 2014 that Mersin must pay Universal €120,000 plus interest and procedural costs. When Mersin failed to comply, FIFA's Disciplinary Committee imposed a CHF 15,000 fine in 2016 and warned of a potential six-point deduction in the domestic league if payment was not made. Mersin appealed to the Court of Arbitration for Sport (CAS), arguing the sanctions were disproportionate.

The CAS panel upheld FIFA's decision, emphasizing that disciplinary sanctions are limited to reviewing legal basis and proportionality, not the underlying debt. It ruled that sanctions must be evaluated case-by-case, balancing the breach's seriousness, circumstances, and deterrence needs. The panel found Mersin's repeated non-compliance justified the measures, noting the club had multiple opportunities to pay but failed. The CHF 15,000 fine and threat of a points deduction were deemed proportionate, serving as both penalty and deterrent. Mersin's appeal was dismissed, confirming FIFA's authority in enforcing disciplinary actions.

Mersin cited financial hardships, including unpaid dues from the Turkish Football Federation and relegation-related losses, but the panel found these arguments insufficient to excuse non-compliance. Universal and FIFA maintained that financial difficulties did not justify ignoring binding decisions. The CAS panel stressed that disciplinary proceedings focus on enforcing compliance, not revisiting the original decision's merits. It also highlighted that only FIFA, not Universal, had standing to enforce sporting sanctions.

The ruling underscores the importance of adhering to FIFA decisions and the limited scope of appeal in disciplinary matters. It reinforces the principle of proportionality in sanctions, ensuring they are appropriate to the breach while maintaining fairness and deterrence. The case concludes with the enforcement of the original financial obligations and disciplinary measures, dismissing all other claims. The decision affirms FIFA's authority and the CAS's role in reviewing disciplinary actions within strict legal boundaries.

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