The case involves a dispute between Clube Atlético Mineiro and FIFA, adjudicated by the Court of Arbitration for Sport (CAS), concerning disciplinary sanctions imposed on the club for failing to comply with a binding CAS decision. The dispute originated from a 2013 FIFA Players’ Status Committee ruling, which was later appealed by Atlético Boca Juniors to CAS. In 2015, CAS partially upheld the appeal, ordering Atlético Mineiro to pay USD 1,500,000. When the club failed to meet this obligation, FIFA initiated disciplinary proceedings, resulting in a 2017 decision that found the club guilty under Article 64 of the FIFA Disciplinary Code. The sanctions included a CHF 30,000 fine and a 90-day grace period to settle the debt, with the threat of a six-point deduction in the domestic league and potential relegation for continued non-compliance.
Atlético Mineiro appealed to CAS, arguing that the sanctions were disproportionate and violated principles of Swiss law, such as equality of treatment and due process. The club claimed the fine was unpredictable and unjustified, citing partial payments and financial difficulties as mitigating factors. FIFA defended its disciplinary measures, emphasizing the need to enforce compliance with final decisions and uphold the integrity of football governance. The CAS panel reviewed the case de novo, confirming its jurisdiction and the admissibility of the appeal under FIFA’s statutes. The panel examined the merits, noting the club’s prolonged non-compliance and lack of valid justification for withholding payment. It rejected the club’s arguments, finding the sanctions proportionate and consistent with FIFA’s disciplinary framework and past precedents.
The panel underscored that disciplinary bodies have broad discretion in imposing sanctions, and CAS intervention is warranted only in cases of gross disproportionality. It highlighted the deterrent purpose of such measures and the importance of adhering to financial obligations in sports disputes. The panel referenced previous cases to establish that sanctions must be evaluated based on proportionality and the seriousness of the infringement, not merely compared to other instances. Ultimately, the CAS upheld FIFA’s decision, dismissing the appeal and reinforcing the binding nature of CAS awards. The ruling affirmed the CHF 30,000 fine and the conditional points deduction, emphasizing the club’s obligation to settle the debt within the stipulated deadline. The case underscores the enforceability of arbitration decisions in sports and the consequences of non-compliance, while ensuring disciplinary measures remain fair and proportionate. The decision serves as a reminder of the importance of financial accountability in football and the role of disciplinary sanctions in maintaining the sport’s regulatory integrity.