The case involves a dispute between Associação Chapecoense de Futebol (Chapecoense) and the Confederación Sudamericana de Fútbol (CONMEBOL) before the Court of Arbitration for Sport (CAS). The conflict arose from disciplinary sanctions imposed on Chapecoense for fielding a suspended player, Luiz Otávio da Silva, during a match in the 2017 Copa Libertadores. The CAS panel, composed of José María Alonso Puig, João Nogueira da Rocha, and Jacopo Tognon, issued its final award on November 1, 2018.
The dispute stemmed from a match on April 27, 2017, where two Chapecoense players, including Luiz Otávio, received red cards. CONMEBOL subsequently suspended Otávio for three matches and imposed a fine, notifying Chapecoense via email to the official address provided in the tournament registration form. Despite this, Otávio played in a subsequent match against Club Atlético Lanús on May 17, 2017. Lanús filed a complaint, leading CONMEBOL to initiate disciplinary proceedings against Chapecoense for violating Article 23 of its Disciplinary Regulations, which prohibits fielding ineligible players.
Chapecoense argued it had not received the suspension notice in time and was unaware of the sanction. The club claimed the notification was sent through an indirect chain involving the Brazilian Football Confederation (CBF) and the regional federation, rather than directly to its official email. However, CONMEBOL maintained it had sent the email to the correct address and that Chapecoense was responsible for ensuring compliance with suspensions. The CAS panel applied the "comfortable satisfaction" standard of proof, considering the seriousness of the allegation. It found that CONMEBOL had fulfilled its notification obligations, and Chapecoense failed to provide sufficient evidence to counter the presumption of receipt.
The CAS confirmed its jurisdiction under Article R47 of the CAS Code, as CONMEBOL’s regulations provided for CAS appeals, the decision was final, and internal remedies had been exhausted. The panel upheld CONMEBOL’s sanctions, ruling that Chapecoense had knowingly fielded an ineligible player. The decision reinforced the importance of adhering to disciplinary regulations in professional football and highlighted the consequences of non-compliance. The case also underscored the procedural complexities of sports governance and the appeals process within international football regulatory bodies. The CAS dismissed Chapecoense’s appeal, upholding CONMEBOL’s original decision and all associated penalties.