Ausgabe 2_2017, Startseite 89
International
Dr. iur.
Rafael
Brägger
,
Meilen/Zurich
On 9 May 2016 (case of Michel Platini) and 5 December 2016 (case of Joseph S. Blatter), the Court of Arbitration for Sport (CAS) issued its appeal decisions regarding the infamous 2 million Swiss Francs payment from FIFA, authorised by Mr. Blatter, to Mr. Platini of 2011. In both cases, CAS confirmed the decisions rendered by the FIFA Appeal Committee in early 2016 (which followed appeals against decisions of the FIFA Ethics Committee of late 2015). Yet, in the case of Mr. Platini, CAS reduced the sanction imposed by the FIFA Appeal Committee from six to four years, whereas it confirmed the sanction of six years against Mr. Blatter. The grounds of the decisions provided by CAS therefore merit particular attention. In this context, it can be observed that the two panels identified different bases for their main finding, which is a violation of art. 20 of the FIFA Code of Ethics (Offering and accepting gifts and other benefits). The discrepancy in the sanctions, however, is not based thereupon but on a procedural issue as well as on considerations regarding the individual guilt of the two appellants.