In cases where the Adjudicatory Chamber of the UEFA Club Financial Control Body (UEFA CFCB) first imposes a suspended sanction on a party and later on - due to the non-compliance of the conditions by the sanctioned party - orders enforcement of the decision, the sanctioned party cannot for the first time contest the underlying decision by the UEFA CFCB in subsequent CAS proceedings initiated to contest the enforcement of the underlying decision. In fact, the sanctioned party would have had to appeal the underlying UEFA CFCB decision itself to CAS.
Force majeure implies an objective rather than a personal impediment, beyond the control of the “obliged party”, that is unforeseeable, that cannot be resisted, and that renders the performance of the obligation impossible.Facts/Procedure
On 20 December 2013, the Adjudicatory Chamber of the UEFA Club Financial Control Body (UEFA CFCB) found that the Club had breached the UEFA Club Licensing & Financial Fair Play Regulations (UEFA CL&FFP Regulations) because it had overdue payables towards other football clubs in the amount of EUR 200,000 as of 30 June 2013 and of EUR 890,000 as of 30 September 2013. The Club signed an agreement with his creditors and settled for a payment calendar. The first due date was the 1th January 2014. This calendar was known as the condition.
On this basis, the Adjudicatory Chamber of the UEFA CFCB issued a decision in which it held the Club liable of breaching Articles 65.1 and 65.8 of the said regulations. The Club was excluded from participating in the next UEFA club competition for which it would otherwise qualify....
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