01.02.2023

Some interesting amendments introduced in the new Code :
Interest of 18% p.a. for failure to respect a CAS award (art. 21 para. 1(c) FDC)
The FIFA DC may order the payment of an interest rate of 18% p.a. as from the day of the FIFA DC decision, against a debtor who failed to comply with a CAS award on an appeal against a financial decision passed by a body, committee, a subsidiary or an instance of FIFA.

Competence of FIFA DC on Settlement Agreements (art. 21 para. 9 FDC)
The Disciplinary Committee shall be competent to decide on cases related to the failure to respect settlement agreements concluded in the context of disciplinary proceedings opened against a debtor with respect to a final and binding decision of a body, committee, or subsidiary of FIFA or by CAS.

 Power to provisionally lift a ban (art. 21 para. 3 FDC)
Where FIFA and/or the relevant association have enforced a registration ban, a ban on any football-related activity, or a disciplinary measure against a debtor, for failure to comply with a financial decision, if the debtor provides FIFA with reliable evidence of having complied with the relevant decision, FIFA may provisionally lift the ban or measure imposed.

 FIFA GS proposals introduced in disciplinary proceedings (art. 58 FDC)
Following the proposals system in the football tribunal disputes, a similar system is introduced in Disciplinary proceedings.
In matters reserved for the single judge, the secretariat may propose a sanction on the basis of the existing file. The party concerned may reject the proposed sanction and submit its position before the relevant judicial body within five days of notification of the proposed sanction, in the absence of which the proposed sanction will become final and binding.