CAS undermines FFP as it lifts Bursaspor’s UEFA ban

CAS 25-06-12

By Andrew Warshaw

June 25 – UEFA’s hopes of imposing Financial Fair Play (FFP) sanctions against clubs who fail to balance the books have suffered a potentially damaging blow after Turkish club Bursaspor won a shock appeal against being banned from playing in Europe for failing to pay transfer fees.

In a test case that could have significant ramifications for UEFA, Bursaspor went to the Court of Arbitration for Sport (CAS) and won its case.

Even though the club were fined €250,000 (£200,800/$312,500), a one-year European ban imposed by UEFA’s appeals body was overturned and instead suspended for three years.

Bursaspor had qualified for next season’s Europa League by winning a four-team domestic playoff but a year earlier fell foul of UEFA’s Club Licensing laws – which cover debts rather than losses and are a forerunner of FFP – and were barred from Europe because of outstanding unpaid transfer fees dating back to 2007.

The club took the case to the CAS and the outcome in their favour will have been watched closely by clubs across Europe.

UEFA will now fear a spate of similar appeals when its FFP regulations start to bite and, not surprisingly, expressed “disappointment and surprise” at the CAS decision to allow Bursaspor, the 2010 Turkish champions, to take part in next season’s Europa League.

“UEFA is of the firm opinion that it is imperative for clubs to pay their debts to other football clubs, and will remain vigilant to ensure that this happens in accordance with the rules laid down in the UEFA Club Licensing and Financial Fair Play regulations,” UEFA said in a statement.

“These basic principles of good conduct should be strongly supported, and not undermined, by any future rulings from CAS.”

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