CAS 2015/A/4312 John Kenneth Hilton v. FIFA

Date of the decision: 2016-08-09

Arbitrator(s): Efraim Barak Ulrich Haas Mark Hovell

Preamble

Since 2001, further to the agreement signed with UEFA and the European Commission, the protection of minors is one of the hardest goals of FIFA, which is working arduously to enforce its regulations.

Specifically, FIFA introduced a very strict prohibition, preventing minors to be transferred internationally to the exception of specific, predetermined circumstances.

As it is well known, an international transfer of a minor player cannot take place unless one of the exceptions outlined in Article 19 paragraph 2 of the FIFA Regulations on the Status and Transfer of Players (FIFA RSTP) applies.

However, recently FIFA authorizes the international transfer of minors in the occasion of additional limited situations, such as in case of refugee players or exchange students,which have been developed by the jurisprudence.

In fact, the jurisprudence of the Court of Arbitration for Sport (CAS) opened the doors to exceptions beyond...

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