Equatorial Guinea Football Federation (FEGUIFUT) v. Fédération Internationale de Football Association (FIFA)

At a glance

Parties

Equatorial Guinean Football Association (FEGUIFUT) v. Fédération Internationale de Football Association (FIFA)

Case no.

CAS 2024/A/11091

Forum and rules

Court of Arbitration for Sport, appeal procedure under Article R47 et seq. of the Code of Sports-related Arbitration; FIFA regulations, with Swiss law applying additionally

Panel

Patrick Grandjean (President), João Nogueira da Rocha, Kepa Larumbe

Sector

Football; disciplinary sanction for fielding an ineligible player

Outcome

Appeal dismissed and the FIFA Appeal Committee decision of 17 October 2024 upheld (award of 28 July 2025).

Amount

Fine upheld: CHF 150,000, of which CHF 50,000 was payable by 22 November 2024 and CHF 100,000 was suspended for a two-year probationary period. FEGUIFUT had asked for a reduction to CHF 25,000 and, at the hearing, for the fine to be vacated. The costs rulings (operative points 3 and 4) are redacted in the published award.

The dispute

FEGUIFUT, the governing body of football in Equatorial Guinea, fielded Emilio Nsue López, a Spanish and Equatoguinean player who had played 47 international youth matches for Spain, in 42 matches between 2013 and 2024. It did so although FIFA had refused his change of association on 18 December 2013 and had already sanctioned FEGUIFUT twice in 2013 for fielding him. The FIFA Disciplinary Committee found breaches of Article 5 RGAS and Article 19 FDC. It declared FEGUIFUT's FIFA World Cup 2026 qualifiers against Namibia (15 November 2023) and Liberia (20 November 2023) lost 3-0 by forfeit and fined it CHF 150,000; the FIFA Appeal Committee suspended CHF 100,000 of the fine. Before CAS, FEGUIFUT argued that the Player had been eligible since 2013 because he was Equatoguinean by birth, that the wrong regulations had been applied, and that the fine was disproportionate to its finances; at the hearing it dropped the eligibility and applicable-regulations arguments. FIFA argued that the appeal against the forfeits failed because the Namibia and Liberia associations had not been joined, that the 18 December 2013 decision was final, and that the sanction was proportionate.

Key holdings

1. The appeal against the match forfeits is dismissed for lack of passive standing. The forfeits gave the Namibia Football Association and the Liberia Football Association three points each in an ongoing qualifying competition, so they were necessary co-respondents under Swiss law on necessary joinder (Article 70(1) CPC), and FEGUIFUT had named only FIFA. ¶¶ 96–97, 105–107
2. As a rule, only the federation has standing to be sued in an appeal against its disciplinary decision. This does not hold where the decision also grants rights to a third party: the appeal must then also be directed against that third party so that its right to be heard is respected. ¶¶ 100–102
3. The fine affects FEGUIFUT alone, so FEGUIFUT has standing to challenge it in an action against FIFA only. ¶ 108
4. A CAS panel gives deference to sanctions imposed by FIFA disciplinary bodies and reviews them only if they are "evidently and grossly disproportionate to the offence". Strict eligibility rules are central to FIFA's mission, so a breach of them is not a minor infringement. ¶¶ 112, 116
5. The CHF 150,000 fine is proportionate, all the more so because two thirds of it is suspended. FEGUIFUT fielded the Player despite FIFA's warning of 7 March 2013, two sanctions in 2013 and the 18 December 2013 refusal, and it had been sanctioned three other times between 2011 and 2017 for fielding ineligible players. With revenues exceeding EUR 6,134,820 in 2023 and EUR 4,770,000 in 2022, it could not show that the fine threatened its viability. The PSC decision of 5 March 2025 authorising the Player has no retroactive effect. ¶¶ 109, 117–124
6. FEGUIFUT's request for documents on how the disciplinary proceedings began is resolved by FIFA's statement that they were opened ex officio. No further production was required. ¶¶ 89–91

Procedural history

1. 24 March and 8 June 2013FEGUIFUT fields the Player in two FIFA World Cup 2014 qualifiers against Cape Verde. Each match is forfeited, with fines of CHF 12,000 and CHF 30,000.
2. 18 December 2013FIFA informs FEGUIFUT that the Player does not appear entitled to a change of association. No appeal is lodged.
3. 14 March 2023FIFA opens disciplinary proceedings against the Player and FEGUIFUT.
4. 10 May 2024FIFA Disciplinary Committee declares two World Cup 2026 qualifiers forfeited (3-0) and fines FEGUIFUT CHF 150,000.
5. 17 October 2024FIFA Appeal Committee partially upholds the appeal and suspends CHF 100,000 of the fine for two years.
6. 22 December 2024FEGUIFUT files its Statement of Appeal with CAS.
7. 5 March 2025Players' Status Chamber of the FIFA Football Tribunal grants the Player's change of association with effect from that date.
8. 1 April 2025Panel constituted. On 10 April 2025 it dismisses the request for provisional measures.
9. 23 June 2025Hearing by videoconference, at which the Player testifies.
10. 28 July 2025Award: appeal dismissed and Appealed Decision upheld.

Tribunal, counsel and experts

Decided by

• Patrick Grandjean President
• João Nogueira da Rocha Co-arbitrator — appointed by the claimant
• Kepa Larumbe Co-arbitrator — appointed by the respondent

For the claimant

Paolo Torchetti

For the respondent

FIFA

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Keywords

• Emilio Nsue
• ineligible player
• change of association
• eligibility rules
• RGAS
• FIFA Disciplinary Code Article 19
• forfeit
• necessary joinder
• standing to be sued
• third-party rights
• proportionality of sanction
• suspended fine
• FIFA World Cup 2026 qualifiers
• Namibia
• Liberia
• Equatorial Guinea
• dual nationality
• document production

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