The case involves Wydad Athletic Club, a Moroccan football club, appealing against a disciplinary decision by FIFA's Disciplinary Committee for failing to comply with a prior ruling by the Court of Arbitration for Sport (CAS). The CAS had ordered the club to pay former player Souleymane Sissoko outstanding remuneration, compensation, and legal costs. When the club did not meet these obligations, FIFA imposed disciplinary measures, including a fine and a conditional transfer ban. The club challenged FIFA's decision, arguing that the CAS ruling was not enforceable at the time of the disciplinary proceedings and that FIFA lacked jurisdiction since the original dispute involved a national football association, not FIFA.
FIFA countered these claims, asserting that the CAS decision became final under Swiss law upon communication to the club on April 30, 2021, and that its Disciplinary Committee had the authority to enforce the ruling under FIFA's Disciplinary Code. The case highlighted key legal principles, including that appeals against CAS decisions generally do not suspend enforcement unless specific conditions are met, such as serious irreparable harm, a balance of interests favoring the appellant, and a high likelihood of success. The arbitrator overseeing the appeal rejected Wydad Athletic Club's arguments, confirming that the CAS decision was enforceable and that FIFA's Disciplinary Committee had jurisdiction regardless of whether the case originated from an appeal or ordinary procedure.
The dispute originated in 2018 when Sissoko filed a claim against the club for unpaid wages. The CAS ruled in his favor in 2021, but the club failed to comply, leading to FIFA's intervention. The club's subsequent appeal to the Swiss Federal Tribunal was rejected, and FIFA's sanctions, including a CHF 20,000 fine and a potential transfer ban, were upheld. The case underscores the enforceability of CAS decisions and FIFA's disciplinary authority, emphasizing the consequences of non-compliance, such as financial penalties and sporting sanctions. The final decision dismissed the club's appeal, reaffirming the importance of adhering to arbitration rulings and the limited circumstances under which enforcement can be suspended. The outcome reinforces the procedural rigor of international sports arbitration and the binding nature of CAS decisions under Swiss law.