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2020 Football Transfer Dismissed English Appeal Procedure

Arbitrators

President: Frans de Weger

Decision Information

Decision Date: September 1, 2021

Case Summary

The case involves a dispute between Antalyaspor A.Ş. and Abuja City FC over training compensation for a Nigerian football player, adjudicated by the Court of Arbitration for Sport (CAS) with FIFA's involvement. The central issue was whether a proposal issued by FIFA regarding training compensation could become binding if not rejected within the stipulated time limit. Article 13 of the FIFA Procedural Rules allows FIFA to issue non-binding proposals, which become final if accepted or not objected to within 15 days. The CAS emphasized strict adherence to time limits to ensure fairness and legal certainty. FIFA's proposal, issued on 9 October 2020, required Antalyaspor to pay Abuja €60,000 plus interest. Abuja accepted the proposal, while Antalyaspor failed to respond by the deadline, leading FIFA to confirm the proposal as binding on 2 November 2020. Antalyaspor contested this, arguing their TMS manager could not access FIFA’s Transfer Matching System (TMS) due to Covid-19 restrictions, but the CAS dismissed this claim, noting the club had a duty to monitor TMS regularly. The CAS ruled that communication via TMS was valid under FIFA regulations, and Antalyaspor’s failure to respond constituted acceptance. The case also addressed the validity of player passports and waivers, with Abuja proving it was entitled to compensation despite discrepancies in the player’s registration history. The CAS upheld FIFA’s decision, reinforcing the binding nature of uncontested proposals and the importance of procedural compliance. The final award, issued on 1 September 2021, dismissed Antalyaspor’s appeal, confirming the payment obligation and highlighting the balance between FIFA’s discretionary powers and clubs’ rights to challenge proposals. The decision underscores the procedural mechanisms within FIFA and CAS for resolving disputes, ensuring fairness and legal certainty in training compensation cases.

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