CAS 2008/A/1699 Nile Sports Club (Hasaheisa) Sudan v. Sudanese Football Association (Appeals High Committee) & Al-Hilal Sports Club

CAS 2008/A/1699 Nile Sports Club (Hasaheisa) Sudan v. Sudanese Football Association (Appeals High Committee) & Al-Hilal Sports Club

When a decision taken by a first instance body is overturned and referred back to it by the second instance body, the internal legal remedies are nevertheless exhausted if the first instance body can only implement the new decision of the second instance body and has no power or discretion to review or amend it.

In spite of its denomination, an act is considered a decision when it has all its “typical” structural features, namely recitals, a statement of facts, a legal assessment and an operative part, and when it affects the legal situation of the addressee.

An appellant has standing to sue if she/he has an interest worthy of protection. However, this interest ceases to be legally protected if the appellant has changed its course of action to the detriment of the respondent.

Facts/Procedure

Nile Sports Club (the Appellant) is a Sudanese football club in conflict with both the Sudanese Football Association (SFA) and Al-Hilal (the Respondent club, jointly, the Respondents) regarding a game played in February 2008.

On 2 February 2008, a Super League game was scheduled to take place at the Appellant’s Stadium between the Appellant and the Second Respondent. The latter did not show up to the game. According to the “Sudan Football Association Statutes 2004” (the “SFA Statutes”), amended in 2007, it would have been for a SFA body named the “Organizing Committee” to solve the dispute.

At this point, the Minister of Culture, Youth and Sports intervened and ordered by Ministerial Decision dated 25 February 2008, that the game be re-scheduled. This decision also ordered SFA to deliver to the Respondent club the passports of their players within...

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