The case CAS 2018/A/5537 revolves around a dispute between Zamalek Sporting Club and FIFA, stemming from Zamalek's failure to comply with a 2014 Court of Arbitration for Sport (CAS) award requiring the club to pay former player Manuel Agogo specific amounts for unpaid salaries and damages, along with interest. Despite the Swiss Federal Tribunal dismissing Zamalek's appeal in 2015, the club failed to meet its payment obligations, citing financial difficulties and restrictions on foreign currency transactions imposed by the Central Bank of Egypt. The core legal issue centered on Article 64 of the FIFA Disciplinary Code (FDC), which mandates respect for final decisions by FIFA or CAS and imposes sanctions for non-compliance. The FIFA Disciplinary Committee's role was limited to assessing whether Zamalek had fulfilled its payment obligations, not reviewing the merits of the original decision. The CAS panel emphasized that financial hardship or force majeure claims do not justify non-compliance with binding decisions, as force majeure requires extraordinary and unforeseeable events beyond a party's control—conditions not met in this case since Zamalek's default predated the alleged currency restrictions.
Zamalek argued that economic restrictions and the seizure of its bank accounts prevented timely payments, but the panel rejected these claims, noting the club had made several high-value international payments and player transfers during the same period, undermining its assertions of financial incapacity. The panel also dismissed Zamalek's proposal of alternative payment methods, stating the player had the right to specify the payment method. The CAS upheld FIFA's authority to enforce disciplinary measures, including a CHF 30,000 fine and a six-point deduction for Zamalek's first team if the debt remained unpaid after a 90-day grace period. The ruling reinforced the binding nature of CAS decisions and the limited grounds for non-compliance, emphasizing financial accountability in football.
The procedural timeline detailed the formation of the CAS panel, hearings, and submissions, culminating in a joint hearing on July 31, 2018. Zamalek sought relief from sanctions, arguing external economic factors caused the non-payment, while FIFA maintained the club's prolonged non-compliance warranted disciplinary action. The panel concluded that Zamalek's arguments did not meet the stringent criteria for force majeure and upheld FIFA's sanctions as proportional and justified. The final award, issued on October 31, 2018, dismissed Zamalek's appeal and confirmed the FIFA Disciplinary Committee's decision, underscoring the importance of adhering to contractual and legal obligations in sports governance. The case highlights the challenges of enforcing financial obligations in sports disputes, particularly in contexts of economic instability, while affirming the authority of CAS and FIFA to ensure compliance with binding decisions.