The case involves a dispute between New Stars de Douala, a Cameroonian football club, and Deportivo Niefang, an Equatorial Guinean football club, along with the Fédération de Football de Guinée Equatoriale (FEGUIFUT) and the Confédération Africaine de Football (CAF). The conflict arose over the eligibility of two players, Y. and G., who were allegedly registered with Deportivo Niefang without proper authorization from FIFA or the required International Transfer Certificate (ITC). New Stars protested the players' participation in a CAF Confederation Cup match, citing identity fraud, lack of ITC, and unauthorized registration of minors. The Cameroonian Football Federation (FECAFOOT) supported New Stars, arguing the players' registration violated FIFA regulations, particularly those concerning minors.
The central legal issues revolved around breaches of FIFA regulations, specifically Article 19.3 of the FIFA Regulations on the Status and Transfer of Players (RSTP), which mandates prior approval from FIFA’s subcommittee for international transfers or first registrations of minors. Since no such approval was obtained, the players' registration was deemed non-compliant. Additionally, the lack of an ITC further invalidated the transfer. CAF was criticized for failing to enforce FIFA regulations, as per its statutes, and instead deferred the matter to FIFA, demonstrating inadequate oversight. The tribunal found CAF negligent in ensuring compliance with transfer regulations, particularly concerning minors.
New Stars escalated the dispute to the Court of Arbitration for Sport (CAS), seeking annulment of the CAF Appeal Board’s decision, penalties against Deportivo Niefang, disqualification from the competition, and damages of $1,000,000 for financial, moral, and sporting harm. Procedural complexities arose, including language disputes and late submissions, with Deportivo Niefang and FEGUIFUT failing to participate fully in the proceedings. The CAS Panel confirmed its jurisdiction and deemed the appeal admissible, applying CAF and FIFA regulations with Swiss law as a subsidiary.
On the merits, the Panel agreed with New Stars that the CAF Appeal Board incorrectly equated the lack of player registration with FECAFOOT to an ITC for FEGUIFUT, violating FIFA’s RSTP. It also affirmed the CAF Interclubs Committee’s competence to handle the case, criticizing its delay in rendering a decision, which harmed New Stars. However, the Panel rejected the damages claim due to insufficient evidence, emphasizing that under Swiss law, claimants must prove the existence, quantification, and causal link of damages, which New Stars failed to do.
In its final ruling, the CAS Panel annulled the CAF Appeal Board’s decision, declaring its assessment incorrect and recognizing the procedural harm caused to New Stars. However, it dismissed all other relief requests, including damages, due to lack of substantiation. The case underscores the importance of adhering to FIFA regulations, particularly concerning minors, and highlights the challenges of enforcing compliance within international football governance. It also reaffirms the necessity for claimants to provide detailed evidence when seeking damages in legal disputes.