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Football-legal
25
Apr
2023
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Football Legal
CAS
Cases
International

CAS 2021/A/8060 Association Sporting Club Bastiais & SC Bastia c. FIFA & FSV Mainz 05


Date of the decision: 2023-04-25
Arbitrator(s): Rui Botica Santos José Juan Pintó Sala Mathieu Maisonneuve
See enclosed.
  1. Liability for the debts of a third party is not an offense only committed at a certain specific isolated time. On the contrary, it is an action that continues over time. For this reason, the applicable version of the disciplinary regulations must be that of the date of the assessment of the disciplinary offense and not the version existing at the date when the liability is considered to begin. The principle of non-retroactivity cannot imply that the FIFA Disciplinary Code (FDC) 2017 should apply instead of the FDC 2019 and its Article 15. Indeed, Article 15(4) FDC 2019 is only a codification of the jurisprudence of the FIFA DC and CAS regarding sporting sucession prior to the...

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Topics
  • CAS
  • Player Transfer
  • Overdue payables
  • FIFA
Keywords
  • Bankruptcy
  • Court of Arbitration for Sport (CAS)
  • Insolvency
  • Overdue payables
  • Player loan
  • Public policy
  • Retroactivity
  • Sport entities
  • Sporting succession
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