The Court of Arbitration for Sport (CAS) issued a ruling on October 10, 2022, in the dispute between Sport Lisboa e Benfica SAD (Benfica) and FIFA, concerning alleged violations of FIFA's Regulations on the Status and Transfer of Players (RSTP). The case stemmed from clauses in a transfer agreement between Benfica and Brazilian club Avaí FC involving player Vinicius de Lima Ferreira. FIFA had sanctioned Benfica with a CHF 40,000 fine and a warning for breaching Article 18bis RSTP, which prohibits third-party influence over a club's independence in transfer and employment decisions, and Article 4(3) of Annexe 3 RSTP, which mandates disclosure of such agreements in FIFA's Transfer Matching System (TMS).
The CAS panel, composed of Alexander McLin, Massimo Coccia, and Ricardo de Buen Rodríguez, upheld FIFA's decision in part but provided a nuanced legal analysis. It confirmed that Article 18bis RSTP is sufficiently clear and enforceable, rejecting Benfica's argument that the provision was historically unclear or inconsistently applied. The panel emphasized that the rule aims to protect club autonomy and competition integrity, requiring a narrow interpretation to balance contractual freedom under Swiss law. It found that Clause 2.3 of the agreement, which imposed a €10 million penalty on Avaí if the player was transferred to specific rival clubs, unduly influenced Avaí's transfer decisions, violating Article 18bis. The panel noted the significant financial disparity between Benfica and Avaí, making the penalty coercive and disproportionate.
However, the panel dismissed FIFA's claim that Clause 4.4, which required Avaí to pay €10 million if it terminated the player's contract without Benfica's consent, constituted a separate violation. It interpreted this clause as enforcing Benfica's preferential right rather than exerting undue influence. The panel also addressed Benfica's failure to disclose the agreement in TMS, affirming this as a breach of Article 4(3) but noting its minimal practical impact.
Regarding sanctions, the panel reduced the fine from CHF 40,000 to CHF 20,000, citing Benfica's cooperation and the fact that only one substantive violation (Clause 2.3) was confirmed. It upheld the warning for future conduct, given Benfica's history of similar infractions. The decision underscored the importance of transparency and club independence in player transfers while ensuring disciplinary measures remain proportionate.
In summary, the CAS ruling clarified the scope of Article 18bis RSTP, reinforcing FIFA's authority to regulate third-party influence while adjusting sanctions to reflect the specifics of the case. The outcome highlights the tension between contractual freedom and regulatory oversight in football transfers, emphasizing the need for clubs to comply with disclosure requirements and avoid clauses that compromise competitive integrity.