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2020 Football Disciplinary Partially Upheld English Appeal Procedure

Arbitrators

President: José J. Pintó

Decision Information

Decision Date: December 1, 2020

Case Summary

The case involves a legal dispute between Montenegrin football player Predrag Vujovic and Andijon Futbol Sport PFK, an Uzbek football club, alongside FIFA, concerning unpaid salaries. Vujovic signed an employment contract with Andijon Professional Futbol Klubi (the Old Club) in February 2015, but the club failed to pay his salary for six months from June to November 2015. Vujovic filed a claim with FIFA in January 2017, seeking payment of UZS 120,000,000. The Old Club did not respond, and bankruptcy proceedings were initiated against it in April 2017. FIFA’s Dispute Resolution Chamber ruled in Vujovic’s favor in May 2017, ordering the Old Club to pay the overdue amount plus interest. Despite an extension request, the club failed to comply, leading FIFA to refer the case to its Disciplinary Committee in August 2017.

The Old Club was liquidated in August 2017, and disciplinary proceedings were initiated under Article 64 of the FIFA Disciplinary Code. The New Club, Andijon Futbol Sport PFK, claimed no connection to the Old Club, which was confirmed by the Uzbekistan Football Association (UFA). FIFA’s Disciplinary Committee closed the proceedings in March 2019, citing the Old Club’s bankruptcy and lack of affiliation. Vujovic contested this, arguing the New Club was the same entity and should be held liable. FIFA sought further clarification from the UFA, which reiterated the New Club’s distinct status. The case was then brought before the Court of Arbitration for Sport (CAS), where a sole arbitrator, José Juan Pintó, examined the matter.

The arbitrator considered whether Vujovic had exercised due diligence in the bankruptcy proceedings and whether disciplinary action could proceed under FIFA regulations. The arbitrator concluded FIFA’s decision to close the proceedings was justified, as the Old Club no longer existed, and there was insufficient evidence to hold the New Club liable. The award upheld FIFA’s decision, emphasizing creditor diligence in bankruptcy-related disciplinary cases. Vujovic later argued the New Club was the sporting successor of the Old Club and should be accountable for the debt. FIFA’s Disciplinary Committee dismissed charges, citing Vujovic’s lack of diligence in registering his claim during bankruptcy proceedings.

Vujovic appealed to CAS in February 2020, seeking to annul parts of FIFA’s decision and hold the New Club responsible. The CAS proceedings involved written submissions, with Vujovic maintaining he had not waived his rights and that the New Club should pay the outstanding amounts. The case highlighted the complexities of legal succession in sports clubs and the responsibilities of creditors in bankruptcy proceedings. The Sole Arbitrator partially upheld the appeal, confirming the New Club’s sporting succession but annulling the dismissal of charges, referring the case back to FIFA’s Disciplinary Committee for further action. The remaining relief requests were dismissed, and the disciplinary proceedings were to resume. The final decision underscored the importance of creditor diligence and the jurisdictional limits of FIFA’s disciplinary mechanisms.

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