The Court of Arbitration for Sport (CAS) issued an award on 6 March 2018 in the dispute between FC Koper and the Football Association of Slovenia (NZS) regarding the denial of a club license for the 2017/2018 season. The case centered on FC Koper's financial instability and its ability to meet licensing criteria. The CAS panel, composed of Svenja Geissmar, Rui Botica Santos, and Dominik Kocholl, focused on whether the NZS properly exercised its discretion in denying the license, rather than whether FC Koper should be reinstated in the competition. The panel emphasized the importance of adhering to procedural deadlines and the limited scope of its review in cases involving discretionary decisions by licensing authorities.
FC Koper had applied for a license but faced financial difficulties, including compulsory settlement proceedings initiated in February 2017. The NZS denied the license on 3 May 2017, citing incomplete documentation and financial instability. FC Koper appealed, submitting additional evidence such as deferred payment agreements and a compulsory settlement agreement with creditors. However, the NZS Appellate Licensing Committee upheld the denial on 1 June 2017, leading FC Koper to bring the case to CAS. The panel examined the admissibility of new evidence under Article R57 of the CAS Code, ruling that evidence not submitted by the domestic deadline could not be considered, as this would undermine the authority of licensing bodies and disrupt competition fairness.
The panel assessed FC Koper's financial situation, noting an independent audit report that raised doubts about the club's ability to operate as a going concern due to a negative equity of EUR 3,719,572. While the report suggested potential solvency through compulsory settlement, no court approval had been granted by the licensing deadline. The panel found that FC Koper failed to provide sufficient evidence to dispel these doubts, and key documents, such as contracts with the municipality of Koper and creditor deferral agreements, were submitted too late to be considered. The panel concluded that the NZS's decision to deny the license was reasonable and upheld it, dismissing FC Koper's appeal. The ruling underscored the importance of financial stability in licensing decisions and the need for clubs to meet deadlines and provide timely, credible evidence. The case highlighted the procedural rigor of sports licensing and the CAS's role in ensuring fairness and consistency in such disputes.