If FIFA has never addressed the merits of a case because it decided that it did not have jurisdiction over the dispute, the CAS, overturning this decision, is de facto the first instance tribunal to review them. However, public policy does not require that a case be heard at two levels.Where FIFA decided not to enter into the merits for what it perceived to be reasons of lack of jurisdiction, the proper course is for a CAS panel to refer the issue of sanctions under Article 12bis to be dealt with by FIFA, if FIFA decides to do so as a consequence of the findings of this panel.
The dispute arose when Apollon, a Cypriot Club claimed outstanding contractual payments to Partizan, a Serbian Club as the Player entered into a contractual relationship as a free agent with Benfica.
On 18 August 2014, Apollon and Partizan concluded an Agreement concerning the Player. Article 2.9 of the Agreement provided for “Partizan to grant that the Player will give his consent, sign all necessary documents and will undertake all the necessary actions for the realization of his transfer from Partizan into a third club in accordance with the instructions of the Parties. If such consent could not be procured Partizan Should have the obligation to pay Apollon an amount equal to the percentage which Apollon was entitled to receive from such transfer to third party that was rejected by the player plus 10% interest per year.” On 20 August 2014 and 27 August 2014,...
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