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2018 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

Decision Information

Decision Date: June 11, 2019

Case Summary

The case involves Club Al Kharaitiyat's appeal against sanctions imposed by FIFA for failing to comply with a decision by the FIFA Dispute Resolution Chamber (DRC) ordering the club to pay compensation to player Issiar Dia. The FIFA Disciplinary Committee had imposed a fine, a points deduction, and a transfer ban on the club for non-payment. The Court of Arbitration for Sport (CAS) upheld FIFA's decision, ruling that the sanctions were justified under Article 64 of the FIFA Disciplinary Code (FDC), which mandates penalties for clubs failing to respect FIFA decisions. The dispute began when the player requested FIFA's intervention due to the club's failure to pay the agreed settlement amount. A settlement agreement was reached in May 2017, stipulating payments in two installments, but the club failed to meet these deadlines despite reminders and multiple requests from the player. FIFA initiated disciplinary proceedings in March 2018, and a new agreement was reached in April 2018, requiring the club to pay in two installments. The club paid the first installment but failed to meet the second deadline, leading to further disciplinary action. The club argued that the sanctions were disproportionate and violated principles of due process, transparency, and proportionality, but the CAS rejected these claims. The CAS emphasized that the outstanding amount due was the key factor in determining sanctions, and the imposed fine (approximately 3.6% of the outstanding amount) was deemed proportionate. The club's failure to adhere to subsequent settlement agreements with the player was considered an aggravating factor. The CAS also clarified that granting a grace period was the only prerequisite for further sanctions under Article 64 FDC and rejected the club's argument that the sanctions violated the principle of ne bis in idem, as multiple sanctions for the same violation are permissible. Additionally, the CAS ruled that the Treaty on the Functioning of the European Union (TFEU) was not directly applicable to the case, as the club failed to demonstrate how FIFA's decision impacted the European internal market or violated EU competition law. The decision reaffirmed that changes to common practices within associations must be properly communicated to stakeholders to be valid. The CAS ultimately dismissed the club's appeal, upholding FIFA's disciplinary measures, including a fine of CHF 25,000, a six-point deduction in the national league, and a two-registration-period transfer ban. The case highlights the strict enforcement of financial obligations in football and the consequences of non-compliance with FIFA decisions. The ruling underscores the importance of adhering to contractual commitments and the disciplinary mechanisms in place to ensure fairness and competitive integrity in professional football.

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