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2020 Football Eligibility Dismissed FR Appeal Procedure

Arbitrators

President: Benoît Pasquier

Decision Information

Decision Date: November 6, 2020

Case Summary

The Court of Arbitration for Sport (CAS) ruled on a case involving Munir El Haddadi and the Royal Moroccan Football Federation (FRMF) against FIFA and the Royal Spanish Football Federation (RFEF) regarding El Haddadi's eligibility to switch national teams. The dispute centered on the interpretation of Article 9(2)(c)(iii) of FIFA's Regulations on the Status and Transfer of Players (RSTP), which allows a player to change national associations if they had not yet turned 21 when they last played an official match for their current association. The CAS panel, applying Swiss law, emphasized that the rule applies to any official match, not just those involving the senior national team ("A" team). The panel's decision, issued on January 18, 2021, upheld FIFA's interpretation, concluding that the age restriction applies universally to all official matches, regardless of competition level.

The case arose after El Haddadi, who holds dual Moroccan and Spanish nationality, sought to switch his allegiance from Spain to Morocco. He had previously played for Spain's senior national team in a competitive match in 2014 and later participated in official matches for Spain's U21 team after turning 21. The FRMF argued that the age restriction should apply only to senior-level matches, but FIFA and the RFEF maintained that it encompassed all official competitions. The CAS panel rejected the FRMF's argument, noting that if FIFA had intended to limit the rule to "A" team matches, it would have explicitly stated so, as it did in other exceptions. The panel also highlighted the importance of sporting integrity, as allowing players to switch associations after participating in youth competitions could undermine the fairness of international tournaments.

The appellants further contended that the rule violated principles of non-retroactivity, equal treatment, and personality rights. They argued that applying the age limit retroactively unfairly penalized El Haddadi for actions taken under previous regulations. The panel dismissed these claims, stating that the rule did not impose a retroactive sanction but established prospective conditions for eligibility. It also found no violation of equal treatment, as the rule applied uniformly to all players. Regarding personality rights, the panel ruled that the regulation did not infringe on El Haddadi's freedom to pursue his sporting career, as he remained eligible to play for Spain and his club team.

The CAS panel also addressed procedural matters, confirming its jurisdiction and the admissibility of the appeal. It upheld the RFEF's passive standing in the case, noting its legitimate interest in the outcome. The panel's decision reinforced FIFA's authority to enforce rules that maintain competitive fairness while balancing individual rights. Ultimately, the CAS rejected the appeal, confirming FIFA's original decision and dismissing all further claims. The ruling clarified the scope of FIFA's eligibility regulations, ensuring consistency in their application and upholding the integrity of international football competitions.

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