Insolvency Proceedings: CAS 2022/A/9072 Leixões Sport Club SAD v. Barcelona SC & FIFA

CAS 2022/A/9072 Leixões Sport Club SAD v. Barcelona SC & FIFA

Date of the decision: 2023-11-15

Arbitrator(s): Francisco Müssnich

In the context of national insolvency proceedings, if a club owes a sum to another, even if it is related to training compensation if such amount disregards any judicially approved payment plan, the former can be held civilly and criminally responsible for favoring a creditor.

Facts and Procedure

On 27 July 2021, the FIFA Dispute Resolution Chamber rendered a decision ordering the Portuguese cub Leixões Sport Club SAD (Club) to play as training compensation within 30 days of the Player’s transfer to Barcelona.

The terms of the DRC Decision were notified to the Club and Barcelona on 28 July 2021, and neither of them asked FIFA to state the grounds for its decision.

On 9 August 2021, the DRC Decision became final and binding upon the Club and Barcelona, as no appeal was filed against the decision.

On 31 August 2021, Barcelona notified FIFA that the Club had not...

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