The case CAS 2019/A/6278 involves Cruzeiro Esporte Clube appealing against disciplinary sanctions imposed by FIFA for failing to comply with a decision by the FIFA Dispute Resolution Chamber (DRC). The DRC had ordered Cruzeiro to pay USD 100,439.43 plus interest to IAC Cordoba within 30 days. When Cruzeiro failed to make the payment, FIFA's Disciplinary Committee (DC) imposed sanctions, including a fine of CHF 15,000, a six-point deduction in the league, and a one-registration-period transfer ban for all men's teams. If the debt remained unpaid, FIFA reserved the right to relegate Cruzeiro's first team to a lower division. Cruzeiro appealed to the Court of Arbitration for Sport (CAS), arguing that FIFA's sanctions violated legal principles such as nulla poena sine lege (no penalty without law), proportionality, and predictability. The club also claimed financial difficulties due to Brazil's political and economic crisis but failed to provide sufficient evidence.
The CAS panel, led by Sole Arbitrator Lars Hilliger, upheld FIFA's disciplinary measures, emphasizing the autonomy of sports associations under Swiss law. The panel found that FIFA's disciplinary rules were clear, properly adopted, and applied proportionally. It rejected Cruzeiro's argument that the sanctions were arbitrary or disproportionate, noting that FIFA's enforcement mechanisms, including point deductions and transfer bans, are lawful and aimed at ensuring compliance with binding decisions. The panel also dismissed the claim that imposing multiple sanctions violated the principle of ne bis in idem (no double punishment), as FIFA's rules explicitly permitted cumulative sanctions for the same violation. The CAS clarified that the principle of predictability does not require exact knowledge of sanctions in advance, only that the rules are transparent and the sanctions fall within a reasonable framework.
The arbitrator further noted that FIFA's disciplinary procedures respected the right to be heard and that the sanctions were justified given Cruzeiro's undisputed failure to meet its financial obligations. The decision underscored the balance between association autonomy and the need for predictable, fair disciplinary processes in sports. The CAS found no grounds to overturn FIFA's decision, reinforcing the principle that clubs must comply with binding rulings to maintain the integrity of football governance. The appeal was dismissed, and all sanctions were upheld, including the fine, points deduction, and transfer ban. The ruling reaffirmed the validity of FIFA's disciplinary framework and the limited scope of CAS review in disciplinary matters, which only intervenes in cases of evident arbitrariness or gross disproportionality. The decision highlights the strict enforcement of financial obligations in football and the limited grounds for appeal based on financial hardship.