The case involves Munir El Haddadi, a professional football player with dual Moroccan and Spanish nationality, and the Royal Moroccan Football Federation (FRMF) appealing against a decision by FIFA and the Royal Spanish Football Federation (RFEF) regarding his eligibility to switch his sporting nationality from Spain to Morocco. The dispute arose after Munir played an official competitive match for Spain's senior national team in 2014, which under FIFA's regulations (Articles 5 and 8 of the Regulations on the Status and Transfer of Players) generally prevents players from changing national team affiliations once they have represented one country in an official match. The FRMF and Munir argued that these rules infringed on his personality rights under Swiss law (Articles 27 and 28 of the Swiss Civil Code), which protect individuals from excessive commitments and unlawful restrictions on their freedom to choose professional activities.
The Court of Arbitration for Sport (CAS) was tasked with resolving the dispute, addressing several key legal and procedural issues. The CAS confirmed its jurisdiction over the case, as neither FIFA nor the RFEF contested its authority, and the appeal was filed within the 21-day deadline stipulated by FIFA's statutes. The CAS also examined the standing of the parties, ruling that the FRMF had active standing due to its tangible interest in the outcome, while the RFEF had passive standing because a decision in Munir's favor would affect its ability to call him up for Spain's national team.
On the merits, the CAS upheld FIFA's decision, emphasizing that Munir's participation in an official match for Spain's senior team irrevocably tied him to the RFEF under FIFA's regulations. The panel rejected the argument that these rules violated Munir's personality rights, noting that he could still pursue his professional career and play for Spain, and that his initial decision to represent Spain was free and informed. The CAS also dismissed the FRMF's claims, stating that the federation, as a FIFA member, had accepted the regulations and their potential limitations.
The ruling highlighted the balance between individual rights and the integrity of international football, reinforcing the strict enforcement of FIFA's eligibility rules for dual-nationality players. While the panel acknowledged that less restrictive rules could exist, it stressed that its role was to apply existing regulations, not to rewrite them. The appeal was dismissed, and FIFA's original decision was upheld, confirming that Munir could not switch his national team affiliation to Morocco. The case underscores the challenges faced by dual-nationality players seeking to change associations after having already represented one country at the senior level.