CAS 2012/A/3032 SV Wilhelmshaven v. Club Atlético Excursionistas

CAS 2012/A/3032 SV Wilhelmshaven v. Club Atlético Excursionistas

Based on the concept of the “indirect reference” to the rule of an international federation, a club is, on the basis of its (direct or indirect) membership with the national federation, also bound to the applicable international regulations.

In accordance with the principle of legality and, even more importantly, with the principle of proportionality, any sanction imposed must, next to having a sufficiently clear statutory basis, also be proportionate (Article 64.1 of the FIFA Disciplinary Code).

The issue at stake in case of appeal against a disciplinary sanction imposed on a club for non-compliance with a FIFA decision is only the question whether Wilhelmshaven respected and fulfilled that decision, but no longer its content.

Facts/Procedure

On 5 December 2008, the FIFA Dispute Resolution Chamber (FIFA DRC) awarded Excursionistas training compensation in relation to the player S., who had been transferred to Wilhelmshaven, in the sum of EUR 100,000.

On 23 March 2009, Wilhelmshaven lodged an appeal with CAS, against the findings of the FIFA DRC Decision. The procedure under the reference “CAS 2009/A/1810 SV Wilhelmshaven v. Excursionistas” was opened and an award was delivered on 5 October 2009, which dismissed the appeal lodged by Wilhelmshaven. As a result, the findings of the FIFA DRC decision became final and binding.

On 13 July 2011, the FIFA Disciplinary Committee (FIFA DC) opened disciplinary proceedings against Wilhelmshaven as the latter failed to pay the amount ordered by the FIFA DRC.

On 13 September 2011, the FIFA DC passed a first decision which was notified to the parties on 14...

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