Skip to main content
International Arbitration Forum

Emilio Nsue López v. Fédération Internationale de Football Association (FIFA)

Case summary

At a glance

Parties
Emilio Nsue López (Spain / Equatorial Guinea) v. Fédération Internationale de Football Association (FIFA)
Case no.
CAS 2024/A/11090
Forum and rules
Court of Arbitration for Sport, appeal arbitration procedure under Article R47 et seq. of the Code of Sports-related Arbitration; FIFA regulations apply, with Swiss law subsidiarily
Panel
Patrick Grandjean (President), João Nogueira da Rocha, Kepa Larumbe
Sector
Football; national team eligibility; disciplinary
Outcome
Appeal dismissed and the FIFA Appeal Committee decision of 17 October 2024 upheld (award of 28 July 2025). The six-month ban on playing for any representative team stands.
Amount
No damages at issue. The Player sought a CHF 5,000 contribution to his legal costs. The FIFA Appeal Committee had charged him CHF 1,000 in costs. The CAS costs orders are redacted in the published award.

The dispute

Emilio Nsue López, a footballer of Spanish and Equatoguinean nationality, played 47 youth matches for Spain between 2005 and 2011, 27 of them official. From 24 March 2013 he played 42 matches for Equatorial Guinea (FEGUIFUT), including two FIFA World Cup 2026 qualifiers in November 2023. FIFA had refused FEGUIFUT's request to change his association on 18 December 2013. FIFA's Disciplinary Committee found him in breach of Article 5 RGAS and Article 19 FDC (fielding an ineligible player) and banned him for six months from playing for any representative team; the FIFA Appeal Committee confirmed the ban. Before CAS the Player first argued that he had been eligible since 2013 and that the wrong regulations had been applied. At the hearing he dropped those arguments and argued only that he was not culpable and that the sanction should be vacated. FIFA argued that the appeal was moot because the ban had been served, that the 2013 refusal was final, and that the sanction was proportionate.

Key holdings

  1. The Player has standing to appeal although he has served the ban. Under Swiss law an appellant needs a current, legally protected interest. A professional athlete keeps that interest after serving a sanction, because of its effect on his disciplinary record and any future recidivism, on his reputation and sponsorships, and on any later claim for damages. ¶¶ 86–90
  2. The Player is not exonerated. A person who signs official documents must understand their scope. Two of his first matches for FEGUIFUT in 2013 had been forfeited for want of authorisation, so a diligent and experienced player would have inquired into his status. He cannot shift all responsibility to the federation. ¶¶ 93–94
  3. A CAS panel gives deference to sanctions imposed by sport governing bodies. It reviews FIFA disciplinary sanctions only where they are "evidently and grossly disproportionate to the offence". ¶ 96
  4. Strict eligibility rules are central to FIFA's mission and protect the integrity of national team competitions. A breach of FIFA's eligibility regulations cannot be treated as a minor infringement. ¶¶ 99–100
  5. The six-month ban is not grossly disproportionate. The Player was ineligible, failed to verify his status, and played 42 times for FEGUIFUT, including two World Cup qualifiers. The Panel added that the ban only stopped him playing for representative teams, which he could not lawfully do anyway before the change of association was granted on 5 March 2025. In practice it was therefore shorter than six months, or not effectively served at all. ¶ 101
  6. The Panel agrees with the FIFA bodies that the Player breached Article 5 RGAS and Article 19 FDC. It dismisses the appeal and upholds the Appeal Committee decision of 17 October 2024. ¶ 102; operative part

Procedural history

  1. 24 March 2013The Player makes his first official appearance for Equatorial Guinea. The match is later forfeited and FEGUIFUT is fined CHF 12,000.
  2. 18 December 2013FIFA informs FEGUIFUT that the Player does not appear entitled to a change of association, because he acquired Equatoguinean nationality only after playing official matches for Spain.
  3. 14 March 2023FIFA opens disciplinary proceedings against the Player and FEGUIFUT.
  4. 10 May 2024The FIFA Disciplinary Committee bans the Player for six months from playing for any representative team.
  5. 17 October 2024The FIFA Appeal Committee dismisses the Player's appeal. The grounds are notified on 2 December 2024.
  6. 22 December 2024The Player files his Statement of Appeal with CAS.
  7. 5 March 2025The Players' Status Chamber of the FIFA Football Tribunal grants the change of association, with effect from that date only.
  8. 1 April 2025The Panel is constituted.
  9. 23 June 2025Hearing held by videoconference.
  10. 28 July 2025Award: appeal dismissed and the FIFA Appeal Committee decision upheld.

Tribunal, counsel and experts

Decided by
For the claimant
Paolo Torchetti
For the respondent
FIFA

Run a conflict check on these names →

Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
CAS 2024/A/11090
Claimant
Emilio Nsue López
Respondent
Fédération Internationale de Football Association (FIFA)
Documents

Procedure: Appeal
Sport: Football
Matter: Disciplinary (except doping)
Outcome: Dismissed
Panel: João Nogueira Da Rocha, Patrick Grandjean, Kepa Larumbe
Source: Court of Arbitration for Sport case database.