The case involves Al Jazira FSC, a professional football club based in Abu Dhabi, appealing against disciplinary sanctions imposed by FIFA for failing to comply with a Court of Arbitration for Sport (CAS) award. The dispute originated from a FIFA Players’ Status Committee decision in July 2016, which ordered Al Jazira to pay €1.1 million plus interest to an agent, José Mesas Puerta, for unpaid fees. The club appealed this decision to CAS, but the appeal was dismissed in December 2017, upholding the original ruling. When Al Jazira failed to pay the owed amount, FIFA initiated disciplinary proceedings under Article 64 of the FIFA Disciplinary Code (FDC), which allows sanctions such as fines, point deductions, or transfer bans for non-compliance with financial obligations.
The CAS panel, in its March 2019 award, confirmed FIFA's authority to impose sanctions for non-payment, emphasizing that such measures must be proportionate to the outstanding debt. The panel rejected Al Jazira's arguments that financial difficulties or simultaneous disputes with other creditors should mitigate the sanctions, as this would undermine the disciplinary framework. The panel found the imposed fine of CHF 30,000 and a potential six-point deduction appropriate, aligning with precedents for similar violations. The club's claims of financial hardship were dismissed due to a lack of evidence, particularly as it continued to engage in player transfers.
Al Jazira argued that FIFA's disciplinary process was overly rigid, applying standardized sanctions without considering individual circumstances. The club sought to reduce the fine to CHF 5,000 and the points deduction to three, citing potential cumulative penalties from other disputes. However, the CAS panel upheld FIFA's sanctions, noting that the club had failed to provide evidence of its financial struggles or the alleged multiple disputes. The panel emphasized that financial mismanagement should not excuse non-compliance and that sanctions are necessary to maintain the integrity of FIFA's regulations.
FIFA defended its disciplinary measures, stating they were lawful, predictable, and consistent with CAS and Swiss Federal Tribunal precedents. It argued that the sanctions were proportionate and that the club could avoid further penalties by settling the debt within the 90-day grace period. The CAS panel agreed, concluding that the sanctions were not grossly disproportionate and that the club had shown no intention to meet its financial obligations.
Ultimately, the CAS dismissed Al Jazira's appeal, upholding FIFA's disciplinary decision. The ruling reinforces the principle that clubs must adhere to financial obligations and face predictable consequences for non-compliance. The case highlights the strict enforcement of financial regulations in football and the limited grounds for challenging disciplinary sanctions, ensuring fairness and consistency in the sport's governance.