CAS recognizes the right for creditors to receive the grounds of FIFA disciplinary decisions

In May 2021, Mr Christian Pouga (the “Player”) sought to enforce a decision rendered by the FIFA Dispute Resolution Chamber by which he was granted compensation for breach of contract, against the sporting successor of the club with which he had an employment contract. The Player asked FIFA to initiate disciplinary action against the club in question.  

In August 2021, the FIFA Disciplinary Committee notified the operative part of its decision to the club, dismissing all charges against it (the “DC Decision”). The following day, the Player requested the grounds of the DC Decision. That request was denied by FIFA, which argued that the Player was not a party to the disciplinary proceedings (the “Refusal”).

The Player appealed the Refusal at the CAS which, on 7 June 2022, upheld his appeal and ordered FIFA to provide him with the grounds of the DC Decision.

In doing so, the CAS held that a creditor has the right, even if they are not a party to the disciplinary proceedings, to obtain the grounds of a disciplinary decision he initiated. The CAS considered that a creditor should be able to assess his possible future steps towards recovering his debt by being provided with the reasons why his request for disciplinary action against a club was denied.

The Player was represented in these proceedings by Partner, William Sternheimer.