Standing to Appeal: CAS 2020/A/6713 Nilmar Honorato da Silva v. FIFA

CAS 2020/A/6713 Nilmar Honorato da Silva v. FIFA

Date of the decision: 2021-05-26

Arbitrator(s): Luigi Fumagalli Efraim Barak Andreu Camps

According to CAS case-law, any judgment creditor has a right to request the initiation of meaningful (FIFA) disciplinary proceedings against his debtor. If such disciplinary proceedings are not initiated or are initiated belatedly or are not otherwise meaningful, the interests of the judgment creditor are clearly aggrieved.

Facts and Procedure

On 26 May 2016, the FIFA Dispute Resolution Chamber (FIFA DRC) decided to reject the claim filed by the player regarding an employment-related dispute against the old club, a club then affiliated to Qatar Football Association (QFA), a national football federation affiliated to FIFA.

On 8 June 2016, the findings of the FIFA DRC decision were notified to the parties. On 20 September 2016, further to the player’s request, the FIFA DRC communicated the grounds of its decision.

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