Failure to respect a decision: case law when the debtor is a natural person

On 9 September 2014, the FIFA Disciplinary Committee decided to sanction Emmanuel Eboué with a fine of CHF 30,000 for failing to comply with the decision of the single judge of the Article 64 of the FIFA Disciplinary Code. The player was also granted a final period of grace of 120 days to settle his debt, upon failure of which the creditor - Mr Boisseau - would be entitled to request that a one-year ban on taking part in any football-related activity be imposed on Mr Eboué. On 31 March 2016, upon the creditor’s request - and due to Mr Eboué’s failure to pay the outstanding amount - the secretariat to the FIFA Disciplinary Committee requested The Football Association to implement the one-year ban on taking part in any football-related activity on Mr Eboué. As a result, The Football Association implemented said ban on Mr Eboué.

The FIFA Disciplinary Committee has a vast scope of competencies, which obviously comprises the sanctioning infringements that occur within the frame of a competition or a match under the jurisdiction of FIFA. As per the FIFA Disciplinary Code (FDC), the FIFA Disciplinary Committee is also competent to sanction inter alia any kind of discrimination, forgery, doping offenses, match manipulation and any breach that would fall under its competence in virtue of another FIFA Regulation.[1]

However, the present article will only focus on one of the duties of the Disciplinary Committee, namely its competence to impose sanctions on stakeholders who failed to comply with a final and binding decision of a FIFA deciding body. Actually, the authors decided, after briefly presenting the system, to focus on cases in which the debtor is a natural person.

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Failure to respect a decision: case law when the debtor is a natural person

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