The case involves a dispute between Isidoros Kouvelos and the International Committee of the Mediterranean Games (ICMG) regarding the election process for the position of Secretary General. The Court of Arbitration for Sport (CAS) panel addressed several legal issues, including the admissibility of the appeal, the jurisdiction of CAS, and the interpretation of the ICMG's statutes and regulations concerning election procedures. The central dispute arose from the 2017 election in Tarragona, Spain, where Kouvelos, the sole candidate for Secretary General, failed to secure an absolute majority in the first round (23 votes in favor, 36 against, 17 blanks) and again in the second round (26 in favor, 43 against, 7 blanks). The disagreement centered on whether an absolute majority was required in the second round, as stipulated by the ICMG Charter's Bye-law to Rule XI.
The Panel clarified that a "decision" under Article R49 of the CAS Code must be a final ruling affecting legal rights, distinguishing it from mere information. It confirmed CAS's jurisdiction over decisions impacting individual rights, such as election rulings, but not non-binding communications. The Panel emphasized an objective approach to interpreting statutes, focusing on wording, context, and intent. It rejected Kouvelos's argument that no majority was needed in the second round, ruling instead that a simple majority (more positive than negative votes) was required to ensure democratic legitimacy. The Panel noted that historical practices, such as electing candidates by acclamation, did not override the Charter's formal rules.
The Respondent, ICMG, challenged the appeal's admissibility, arguing it was filed late, as the 21-day deadline should start from the General Assembly meeting date (13 October 2017), not the receipt of minutes (20 November 2017). The Panel, applying Swiss law, found the appeal timely, citing the ICMG President's 5 December 2017 letter encouraging arbitration as a standing offer, which Kouvelos accepted by filing the appeal. The Panel also dismissed objections to the ballot format, clarifying that the dispute focused on vote counting, not ballot design.
On the merits, the Panel interpreted the ICMG Charter to require a simple majority in the second round, ensuring the candidate had broad support. It rejected Kouvelos's claim that "NO" votes should be treated as blanks, upholding the General Assembly's decision not to declare him elected. The Panel underscored the importance of procedural fairness and adherence to democratic principles, concluding that the election process complied with the Charter.
Ultimately, the CAS Panel dismissed Kouvelos's appeal, affirming the ICMG's decision and rejecting all other motions. The ruling highlighted the necessity of clear, enforceable rules in organizational governance and the role of arbitration in resolving such disputes. The case underscored the tension between historical practices and strict rule adherence, reinforcing the primacy of formal procedures in international sports governance.