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2020 Football Governance Jurisdiction denied FR Appeal Procedure

Arbitrators

President: Pascal Pichonnaz

Decision Information

Decision Date: January 18, 2021

Case Summary

The case involves a complex legal dispute between Club Olympique de Bamako (COB) and other football clubs and regional leagues against the Malian Football Federation (FEMAFOOT) regarding the classification and validity of the 2019-2020 national football championship. The conflict arose from FEMAFOOT's decisions, particularly a circular letter issued on October 21, 2020, which finalized the competition standings, promotions, relegations, and qualifications for African competitions. The appellants contested this circular, arguing it was based on flawed procedural and substantive grounds, including improper constitution of disciplinary and appeals commissions, inadequate health protocols during the COVID-19 pandemic, and unauthorized match validations. The case was brought before the Court of Arbitration for Sport (CAS), which examined its jurisdiction under Swiss law and the CAS Code, focusing on whether the circular constituted an appealable decision. The arbitral panel determined that the circular was merely an informative document summarizing prior decisions, particularly the foundational classification established on August 25, 2020, which the appellants had failed to challenge directly. The panel emphasized that the appellants should have contested the August 25 decision, as it was the actual decision affecting their legal standing, rather than the subsequent circular. The CAS also rejected a request to join this case with another appeal, citing differing parties and subject matters. Ultimately, the panel ruled the appeal inadmissible, as the circular did not alter the legal situation created by the earlier decision. The case underscores the importance of procedural correctness in sports arbitration, including the timely challenge of relevant decisions and adherence to jurisdictional requirements. The CAS dismissed the appeal, reinforcing the principle that administrative communications summarizing prior decisions cannot be used to revisit unchallenged rulings. The dispute also highlighted broader governance issues within FEMAFOOT, including disputes over the legitimacy of its executive committee and the role of a FIFA-appointed normalization committee tasked with resolving the federation's crises. The final decision, issued on June 17, 2022, declared the CAS incompetent to rule on the matter and dismissed all further claims by the parties.

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