By Khoo Kian Jun
Award No CAS 2022/A/8709
Court of Arbitration for Sport (CAS)
Order on Request for Provisional Measures
Issued by the President of Appeals Arbitration Division of the Court of Arbitration for Sport
Appellant- Football Union of Russia, Moscow, Russia
Represented by Messrs Yury Zaytsev, Alexandre Zen-Ruffinen, Ilya Chicherov and Yury Yakhno, Attorneys-at-Law with SILA International Lawyers, Neuchatel, Switzerland, and Moscow, Russian Federation
First Respondent- Union of European Football Associations, Nyon, Switzerland
Represented by Prof Dr Antonio Rigozzi and Ms Brianna Quin, Lévy Kaufmann-Kohler, Geneva, Switzerland
Second Respondent – Hellenic Football Federation, Athens, Greece
Third Respondent – Associations Belarus Football, Minsk, Belarus
Fourth Respondent – Danish Football Associations, Brøndby, Denmark
Fifth Respondent – Luxembourgish Football, Mondercange, Luxemburg
Sixth Respondent – Austrian Football Association, Wien, Austria
Seventh Respondent – Malta Football Association, Ta’Qali, Malta
Eight Respondent – Portuguese Football Federation, Cruz Quebrada- Dafundo Portugal
Ninth Respondent – The Football Association, London, United Kingdom
Tenth Respondent – Spanish Football Association, Las Rozas Madrid, Spain
Eleventh Respondent – Irish Football Association, Belfast, Northern Ireland
Twelfth Respondent – French Football Association, Paris France
On the 24th of February 2022, Russia began its military invasion of Ukraine. The International Community condemned the invasion of Ukraine by the Russian Government, and a series of sanctions against the Russian Federation have been imposed. The world of sport also voiced its condemnation of the actions taken by the Russian Government.
Therefore, this case between the Football Union of Russia (“FUR”) and Union of European Football Associations (“UEFA”) illustrates how the footballing authorities of Europe have condemned Russia’s actions and the Court of Arbitration of Sport response to it.
To begin, UEFA had decided to ban all Russian football teams, both on the international and club level, from participating in any of UEFA’s competitions. In return, FUR had appealed this decision to the CAS, aiming to reinstate the eligibility of Russian teams to join UEFA competitions.
This is due to the fact that they believe the FUR’s exclusion in UEFA competitions would cause irreparable harm, depriving them of their own right to take part in the highest sporting level, losing the opportunity to gain valuable experience at the same time.
Hearing this, UEFA responded and requested for an order to dismiss FUR’s request for stay of execution with an order condemning FUR to pay UEFA compensation for costs incurred in connection with FUR’s request.
Looking at the facts, CAS had decided to dismiss the appellant’s appeal, while cost for this proceeding would be settled in the final award or final disposition in this arbitration.
The FUR has been suspended from participating in any UEFA competitions, while forfeiture would be given to Russian teams who are still part of any UEFA competitions.
Published on 8 July 2022