When a decision rendered by FIFA Players’ Status Committee has become final and binding, but the party in debt has not fulfilled its payments/fines, the FIFA Disciplinary Committee will be limited to analyse whether the party in debt has complied or not with Players’ Status Committee decision (Article 64 of FIFA Disciplinary Code). A CAS Panel reviewing a FIFA Disciplinary Committee decision can only hear submissions related to the fine imposed by FIFA DC.
CAS Panels shall give a certain level of deference to decisions of sports governing bodies in respect of the proportionality of sanctions; those sanctions can only be reviewed when they are evidently and grossly disproportionate to the offence.
Facts/Procedure
On 29 July 2015, the Single Judge of the FIFA’s Players’ Status Committee (PSC) decided that Al Ittihad (the Club) had to pay to the Italian football club AS Roma, within 30 days as from the date of notification of the decision, the amount of EUR 1,760,000 as well as interest at a rate of 5% p.a. until the date of the effective payment. The Single Judge also imposed a fine to be paid within 30 days of notification of the decision as well as the costs of the proceedings.
On 4 August 2015, the motivated decision was communicated to Al Ittihad. On 26 October 2015, FIFA urged Al Ittihad to provide them with a copy of the payment receipt of the relevant amounts by no later than 5 November 2015. If the Club...
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