Upon careful examination of prior cases and the established practices within the relevant framework, the Panel determined that the competent authority is not inherently obligated to impose a sanction when the criteria outlined in Article 17.4 FIFA RSTP are satisfied. Drawing from various decisions by the Court of Arbitration for Sport (CAS), this case emphasized that the party facing sanctions bears the responsibility to present clear and compelling justifications that would warrant the omission of any sanctions.
Facts and Procedure
Club Al Faisaly is a professional football club based in Saudi Arabia, and Mr. Ahmed Achraf Mohamed is a professional football player from Egypt and Saudi Arabia.
On 28 July 2023, the Player initiated proceedings before the FIFA Dispute Resolution Chamber (FIFA DRC) regarding outstanding payments that arose after the club had terminated the employment contract.
On 30 October 2023, FIFA DRC notified the Club of the decision’s grounds, which included a prohibition to register new players, in addition to payment obligations. Following the notification of the grounds, Club Al Faisaly filed an appeal with CAS on 20 November 2023, challenging the FIFA DRC decision.
Points of Law
- Were the prerequisites of Article 17.4 of the
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started