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2022 Football Eligibility Dismissed English Appeal Procedure

Arbitrators

President: Leanne O’Leary

Decision Information

Decision Date: November 25, 2022

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on November 25, 2022, in the dispute between the Football Union of Russia (FUR) and the Union of European Football Associations (UEFA) regarding the exclusion of Russian teams from UEFA competitions and the ineligibility of Russia’s bid to host the UEFA Euro 2028 or 2032 tournaments. The case stemmed from UEFA’s decision to suspend Russian teams following the military conflict involving Ukraine, which began on February 24, 2022. The CAS panel, composed of Leanne O’Leary, Jeffrey Benz, and Michael Beloff, examined whether UEFA’s actions were justified under its regulations and broader legal principles.

The panel characterized UEFA’s decisions as administrative measures rather than disciplinary sanctions, emphasizing that they were responses to extraordinary circumstances rather than punitive actions. While acknowledging UEFA’s discretionary authority, the panel noted that such autonomy is not absolute and must comply with principles of fairness, non-discrimination, and proportionality. The panel upheld UEFA’s decisions, finding them reasonable and proportionate given the unprecedented geopolitical situation, which included widespread international condemnation, security concerns, and logistical challenges. The suspension aimed to ensure the integrity and smooth operation of UEFA competitions, particularly as several national associations refused to compete against Russian teams.

The FUR argued that UEFA’s decisions were politically motivated, discriminatory, and violated principles of neutrality and equal treatment. It also contended that the exclusion harmed Russian football’s economic and developmental interests. However, the panel rejected these claims, concluding that UEFA acted within its statutory objectives and did not breach Swiss law or its own regulations. The panel noted that while the suspension adversely affected Russian football, it was a necessary response to the global reaction to the conflict.

Regarding the bid ineligibility, the panel found that UEFA’s Executive Committee had the authority to declare Russia’s bid ineligible under its Bid Regulations, which aim to protect the reputation of European football. The panel dismissed FUR’s argument that the decision should have been made by UEFA’s administration, affirming the Executive Committee’s broad powers to manage exceptional circumstances.

Ultimately, the CAS panel dismissed FUR’s appeal, upholding UEFA’s decisions as lawful and justified. The ruling reinforced the balance between respecting sports organizations’ autonomy and ensuring their actions remain fair and proportionate. The case highlighted the challenges of navigating geopolitical conflicts within international sports governance while maintaining principles of neutrality and integrity. The panel expressed hope for the eventual reintegration of Russian teams into UEFA competitions once circumstances permit.

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