FIFA triumphant in clash with Spanish club

Switzerland's Federal Tribunal rejected an appeal by an anonymous Spanish club against a FIFA ruling, with FIFA claiming it was "a landmark decision and one with global implications."

"It also endorses and reaffirms the federation's independence and authority," FIFA said in a statement.

The club went to court because FIFA threatened it with sanctions following a transfer dispute.

In late October 2005, FIFA ruled that the Spanish club had to pay a Brazilian club about EUR 373,226 or face a fine of EUR 15,000, as well as having points deducted and being relegated to a lower division.

The club had previously ignored a decision passed by the FIFA Players' Status Committee. It appealed the disciplinary decision to the Court of Arbitration for Sport in Lausanne, an appeal it also lost.

The Spanish club argued that by threatening to deduct points or demote it, FIFA was, in effect, enforcing a financial claim and that this was a violation of a so-called "public policy."

The club also claimed FIFA was trying to pass sanctions that only the state was authorised to do and that it was forcing the club to comply with a ruling it disputed by imposing heavy sanctions.

The tribunal ruled that the Spanish club agreed to abide by FIFA's rules when it became a member and would have to accept any sanctions provided for in those rules.

The Swiss Federal Court took into consideration that according to Swiss Association Law, FIFA, as an organisation defined by Swiss Civil Law, can impose sanctions such as punishments for clubs or associations.

The court also stated that if a private association, such as FIFA, draws up rules and regulations to which its members are subject to achieve its objectives, it is permissible for a governing body to provide for sanctions that safeguard the members' duties.

The case comes as FIFA finds itself in several disagreements with a number of clubs and national federations over alleged government interference in the sport's self-rule.

FIFA President Sepp Blatter welcomed the decision passed by Switzerland's top judges.

"I am very pleased that the Swiss Federal Court rejected the claim that the Spanish club had lodged," said Blatter.

"Using its statutes and regulations, FIFA and its various bodies ensure that every member of the football family is given access to fair, balanced and, above all, fast-moving jurisdiction as well as the opportunity to appeal to the Court of Arbitration for Sport, in the best interests of sport."

Source: euFootball.BIZ © Copyright 2006 - All rights reserved.