A retired player’s standing to sue and res judicata in FIFA disciplinary proceedings

A retired player’s standing to sue and res judicata in FIFA disciplinary proceedings

CAS 2020/A/7212 FC Nizhny Novgorod v. FIFA, award of 31 August 2021

FIFA Disciplinary Committee, 14 March 2020, Decision no. 200223, FC Nizhny Novgorod

 

In this case, the Court of Arbitration for Sport (CAS) ruled on a retired player’s standing to sue the alleged sporting successor of a debtor club at the FIFA Disciplinary Committee (FIFA DC). Furthermore, CAS decided that a letter issued by the FIFA Disciplinary Department constitutes a final and binding decision on the issue of sporting succession between two clubs, putting an end to the disciplinary proceedings instigated against the alleged sporting successor of a debtor club.

Facts

In March 2015, the FIFA Dispute Resolution Chamber (DRC) rendered a decision, condemning the Russian club, FC Volga, to pay the player, Dani Bondarv, compensation of USD 521,543 (approx. EUR 463,000) plus interest, RUB 350,000 (approx. EUR 4,200) plus interest and USD 630,000 (approx. EUR 560,000) plus interest (DRC Decision).

In April 2016, FIFA opened disciplinary proceedings against FC Volga for a potential violation of Article 64 of the FIFA Disciplinary Code (2011) (FDC) for failing to pay Mr Bondarv on the DRC Decision.

In June 2016, the FIFA DC passed a decision, pronouncing FC Volga guilty of failing to comply with the DRC Decision in violation of Article 64 FDC and...

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