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2005 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: March 23, 2006

Case Summary

The case revolves around Clube Atlético Mineiro's appeal against a disciplinary decision by FIFA, which found the club and a player jointly liable for failing to comply with a prior FIFA Dispute Resolution Chamber (DRC) decision and a subsequent Court of Arbitration for Sport (CAS) award. The dispute originated from the non-payment of $750,000 to Club Sinergia Deportiva (Tigres) of Mexico, as mandated by the CAS. FIFA's Disciplinary Committee (DC) imposed a fine of CHF 30,000 on both the club and the player, with additional sanctions, including potential point deductions and relegation, if the payment remained unpaid. The CAS panel, reviewing the appeal, clarified that its role was limited to assessing the disciplinary sanction, not revisiting the underlying joint liability already confirmed by the CAS award. The panel upheld the principle of joint liability, designed to protect the creditor by allowing recourse against either debtor. The club's arguments for set-off or assignment of debt were rejected, as these required the creditor's consent and were not permissible under the circumstances. The panel affirmed the DC's decision, emphasizing that unilateral declarations by one debtor could not absolve the other's liability. The sanctions, including the fine and potential sporting penalties, were deemed appropriate given the substantial unpaid amount and the need to enforce compliance with FIFA's decisions. The ruling reinforced the binding nature of CAS awards and the importance of adhering to FIFA's disciplinary mechanisms. The case underscores the strict enforcement of financial obligations in football and the consequences of non-compliance. The CAS ultimately dismissed the appeal, upheld the FIFA decision, and rejected all other requests for relief, confirming the fine and related measures. The decision highlights the finality of CAS awards and the disciplinary consequences for failing to meet financial obligations within FIFA's framework.

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