Key procedural issues in the dispute between Chelsea FC and FIFA over sanctions relating to the protection of minors
Article 19 of the FIFA Regulations on the Status and Transfer of Players (FIFA RSTP) and the international transfers of minor players
By Dr. Despina Mavromati and Jake Cohen
Following the Barcelona, Real Madrid and Atletico Madrid cases, Chelsea Football Club (“Chelsea”) are the latest high-profile club to be sanctioned by FIFA for alleged violations relating to Article 19 of the FIFA Regulations on the Status and Transfer of Players (“FIFA RSTP”) and the international transfers of minor players.
While this matter is ongoing, some important procedural issues have already been raised, and which have practical applicability that goes far beyond the scope of this particular case. In particular, this matter provides a case study for which some crucial procedural questions can be addressed,
• May a party appeal a decision without grounds to the CAS
• May a party request provisional CAS prior to filing its appeal brief?
• Does a refusal to grant provisional measures by the FIFA Appeals Committee constitute a “final decision” under the relevant regulations?
Article drafted by Despina Mavromati and Jake Cohen and published in the May 2019 Issue of the European Leagues Legal Newsletter
Note: The paper reflects only some personal views and general remarks drawn from the Chelsea case and should not be regarded as legal advice or bind the authors in any way