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CAS 2024/A/11091 — FEGUIFUT v. FIFA

"FEGUIFUT" · CAS dismissed FEGUIFUT's appeal, upholding CHF 150,000 fine for fielding ineligible player Emilio Nsue López in 42 matches.

What happened in FEGUIFUT

The Equatorial Guinean Football Association (FEGUIFUT) fielded player Emilio Nsue López — who had previously represented Spain at youth level — in 42 international matches between 2013 and 2024 without obtaining the required FIFA change-of-association approval. FIFA had explicitly warned FEGUIFUT in March 2013 that the Player was ineligible, and formally denied the change-of-association request in December 2013. Despite two prior disciplinary sanctions for fielding the same player and three further sanctions for fielding other ineligible players, FEGUIFUT continued to field López. The FIFA Disciplinary Committee imposed a CHF 150,000 fine and declared two FIFA World Cup 2026 qualifying matches (vs. Namibia on 15 November 2023 and vs. Liberia on 20 November 2023) lost by forfeit 3-0. The FIFA Appeal Committee partially upheld the appeal, suspending CHF 100,000 of the fine on a two-year probation while keeping CHF 50,000 immediately payable. FEGUIFUT appealed to CAS. The Panel dismissed the appeal in full: the match-forfeit challenge was inadmissible because Namibia FA and Liberia FA — whose points were directly affected — were not joined as co-respondents; and the CHF 150,000 fine was proportionate given FEGUIFUT's persistent non-compliance and revenues exceeding EUR 6 million in 2023. The case matters because it clarifies the necessary-joinder rule when forfeit sanctions benefit third-party associations in ongoing competitions.

Procedural history of CAS 2024/A/11091

On 10 May 2024, the FIFA Disciplinary Committee found FEGUIFUT in breach of Art. 5 RGAS and Art. 19 FDC, imposing a CHF 150,000 fine and declaring two FIFA World Cup 2026 qualifying matches lost by forfeit 3-0. FEGUIFUT appealed to the FIFA Appeal Committee, which on 17 October 2024 partially upheld the appeal by suspending CHF 100,000 of the fine on a two-year probation (CHF 50,000 immediately payable by 22 November 2024) while confirming the forfeits and the liability finding. FEGUIFUT was notified of the grounds on 2 December 2024. On 22 December 2024, FEGUIFUT filed a Statement of Appeal with CAS under Art. R47 et seq. of the CAS Code, seeking annulment of the forfeits and vacation or reduction of the fine. A hearing was held by videoconference on 23 June 2025. CAS was asked to conduct a de novo review under Art. R57 of the Code.

Key holdings in CAS 2024/A/11091

• Where a disciplinary sanction includes match forfeits that directly award points to third-party associations in an ongoing competition, those associations are necessary co-respondents and the appeal must be dismissed for lack of passive standing if they are not joined.
• In appeal proceedings against a sports federation's disciplinary decision, only the federation itself has standing to be sued — not third parties who may have triggered or benefited from the proceedings — except where the decision grants specific rights to those third parties.
• A CAS panel may only amend a FIFA disciplinary sanction if it is 'evidently and grossly disproportionate to the offence'; mere disagreement with the quantum is insufficient.
• A CHF 150,000 fine for fielding an ineligible player in 42 matches over a decade — after explicit FIFA warnings, two prior sanctions for the same player, and three further sanctions for other ineligible players — is proportionate and not grossly disproportionate.
• The PSC Decision of 5 March 2025 granting the change of association has no retroactive effect; all 42 appearances prior to that date were in violation of FIFA rules.

How the CAS panel reasoned

The Panel addressed two issues. First, on necessary joinder: applying Art. 70 para. 1 of the Swiss Civil Procedure Code and consistent CAS jurisprudence (including decisions upheld by the Swiss Federal Tribunal in 4A_548/2019 and 4A_550/2019), the Panel held that because annulling the forfeits would strip the Namibia FA and Liberia FA of three points each in an ongoing World Cup qualifier — points that could determine qualification — those associations were necessary parties. Since they were not named as co-respondents, the forfeit challenge was dismissed for lack of passive standing. Second, on the fine: the Panel applied the 'evidently and grossly disproportionate' standard from consistent CAS jurisprudence. It found the CHF 150,000 fine proportionate because: (i) FEGUIFUT was explicitly warned in March 2013 that the Player was ineligible; (ii) it was sanctioned twice in 2013 for fielding him anyway; (iii) FIFA formally denied the change-of-association request in December 2013; (iv) FEGUIFUT nonetheless fielded the Player 42 times; (v) FEGUIFUT had three additional prior sanctions for other ineligible players; and (vi) FEGUIFUT's revenues exceeded EUR 6,134,820 in 2023, making the fine far from crippling. The Panel also noted that two-thirds of the fine was already suspended on probation, further reducing its immediate impact.

Why FEGUIFUT matters in CAS jurisprudence

This award clarifies that when a disciplinary forfeit sanction directly confers points on third-party associations in an ongoing competition, those associations are necessary co-respondents under Swiss law and CAS procedure; failure to join them is fatal to the forfeit challenge. It also reinforces that CAS will not disturb FIFA disciplinary fines unless they are evidently and grossly disproportionate, and that a federation's persistent, knowing non-compliance over a decade — despite explicit warnings and prior sanctions — justifies substantial fines even where the underlying eligibility dispute had some complexity.

Cases cited in this award

CAS 2020/A/7144 CAS 2017/A/5322 CAS 2017/A/5227 CAS 2012/A/3032 CAS 2019/A/6348 and 2019/A/6351 CAS 2023/A/10223

Frequently asked questions about FEGUIFUT

Why did CAS dismiss FEGUIFUT's challenge to the match forfeits in the FEGUIFUT v FIFA case?

The Panel held that the Namibia Football Association and the Liberia Football Association were necessary co-respondents because annulling the forfeits would strip them of three points each in the ongoing FIFA World Cup 2026 preliminary competition. Since FEGUIFUT directed its appeal solely against FIFA and did not name NFA and LFA as co-respondents, the Panel dismissed the forfeit challenge for lack of passive standing under Art. 70 para. 1 of the Swiss Civil Procedure Code.

Was the CHF 150,000 fine against FEGUIFUT for fielding Emilio Nsue López upheld by CAS?

Yes. CAS upheld the CHF 150,000 fine in full, finding it proportionate given that FEGUIFUT had been explicitly warned in March 2013 that López was ineligible, was sanctioned twice in 2013 for fielding him, received a formal denial of the change-of-association request in December 2013, yet still fielded him in 42 matches. The Panel also noted FEGUIFUT's revenues exceeded EUR 6,134,820 in 2023, making the fine far from crippling. CHF 50,000 was immediately payable and CHF 100,000 was suspended on a two-year probation.

Did the March 2025 PSC decision granting Emilio Nsue López a change of association help FEGUIFUT's CAS appeal?

No. The Panel confirmed that the PSC Decision of 5 March 2025 — which authorized López to represent FEGUIFUT from the date of that decision — had no retroactive effect. All 42 appearances prior to 5 March 2025 therefore remained violations of FIFA rules, and the decision did not constitute a mitigating factor sufficient to vacate or reduce the fine.

What standard does CAS apply when reviewing FIFA disciplinary fines, and how was it applied in the FEGUIFUT case?

CAS applies the 'evidently and grossly disproportionate to the offence' standard when reviewing FIFA disciplinary sanctions, giving a degree of deference to FIFA's judicial bodies. In this case the Panel found the CHF 150,000 fine did not meet that threshold: FEGUIFUT had a decade-long pattern of fielding ineligible players, had been sanctioned five times previously (including twice for López himself), and had revenues exceeding EUR 6 million, so the fine was calibrated to have a meaningful deterrent effect without being grossly excessive.

Topics: Doping, ethics & governance at CAS

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