The Court of Arbitration for Sport (CAS) addressed a dispute between AS Roma and FIFA concerning provisional measures related to a transfer ban imposed on the club. The ban stemmed from AS Roma's signing of Philippe Mexès, who was under contract with AJ Auxerre at the time. FIFA's Dispute Resolution Chamber (DRC) ruled that Mexès had terminated his contract without just cause during a protected period, leading to sanctions against both the player and AS Roma for inducing the breach. AS Roma appealed the decision, seeking a stay of execution to prevent immediate enforcement of the transfer ban, arguing it would cause irreparable harm to their competitive and financial standing.
The CAS evaluated the request based on criteria such as the risk of irreparable harm, the likelihood of success in the main appeal, and the balance of interests between the parties. While AS Roma claimed the ban would disadvantage them in player recruitment, financial stability, and market competitiveness, FIFA maintained that the sanction was justified and necessary to uphold contractual stability in football. The CAS acknowledged the potential harm to AS Roma but noted the club could still sell players and generate revenue, mitigating some financial risks. Additionally, the club's arguments about sporting damage were considered speculative, as they lacked concrete evidence of irreparable harm.
The CAS referenced previous cases where provisional measures were granted, such as when FIFA consented to a stay or when a player faced suspension during a critical transfer window. However, in this instance, FIFA opposed the stay, and the circumstances differed. The CAS emphasized the importance of enforcing FIFA's regulations to deter contract breaches and maintain fairness in the sport. While recognizing AS Roma's concerns, the CAS found that suspending the ban would undermine the regulatory framework and its deterrent effect. The decision also considered the limited likelihood of AS Roma's success in the main appeal, given prior rulings that established a presumption of the club's culpability in breaching contract stability rules.
Ultimately, the CAS denied AS Roma's request for provisional measures, upholding FIFA's original decision. The ruling balanced the club's interests against the broader need for regulatory enforcement, prioritizing the integrity of football's contractual framework. The CAS noted that the appeal could be resolved before the next transfer period, reducing the urgency for provisional measures. The decision underscores the complex interplay between individual club interests and the overarching goals of maintaining fairness and stability in professional football. The President of the Appeals Arbitration Chamber ruled to reject AS Roma's request, ensuring the immediate execution of the sanction to preserve its effectiveness.