March 26 – The removal of Club León from the Club World Cup (CWC) has sparked an appeal at Court of Arbitration for Sport (CAS) by the Mexican club. In a separate case at CAS, Costa Rican club Deportiva Alajuelense are claiming that they should be awarded the slot.
The two cases relate to the same issue but they are very different in their arguments and objectives.
Alajuelense claim that they should replace Club León with immediate effect but their argument doesn’t look to be founded on the rules or recognition of them.
The club claim that with Club León removed, they are the next eligible team from Concacaf. They base this on an argument that the rules state there can only be two team from any single nations.
From Concacaf, the US have Seattle Sounders and Inter Miami (controversially) as qualifiers. From Mexico, Pachuca and Monterrey. Alajuelense argue they are currently the next highest ranked team and so by rights should be in the competition.
However, the ranking they use is an unofficial club ranking (IFFHS) not recognised by either Concacaf or FIFA.
Even if it was, the next highest ranked team would not automatically qualify as they have not won that right through the qualifying competitions.
The rules do not provide for the next highest ranked team to qualify in this instance, rather the issue is a matter of ‘exceptional circumstance’ which ultimately means that FIFA has the final decision over who will participate if Club León lose their CAS appeal and remain barred from the competition
That would also include the power to add a third team from either the USA or Mexico, both of whom have a number of teams higher ranked than Alajuelense. And of course Mexico did already have three teams qualified until the FIFA ruling on Grupo Pachuca’s ownership of Pachuca and Club León. There is nothing to stop FIFA awarding the slot to, for example Mexico’s Club America.
The award of the discretionary slot to Inter Miami has already sparked controversy as being more based on commercial considerations and ‘Messi-power’, than on competitive performance. Club America, to take an example, would more than tick that commercial box and would certainly be higher up the competitive food chain than Inter Miami.
The point is that ultimately FIFA decides on the ‘exceptional circumstance’ and Alajuelense’s case at CAS will and cannot result in a ruling that mandates their participation
So why the noise? It is hard to believe that Alajuelense are not aware of what appears to be a fairly clear, though certainly not precise, rules process. It is a case they can’t win.
What is their motivation?
A look at the protagonists within the Alajuelense case raise questions of other disruptive motives. Alajuelense’s lawyers have strong links to Spain’s LaLiga and its senior management team.
There is also a collaboration between LaLiga and Costa Rican league body UNAFUT. So strong is that collaboration that former LaLiga executive Jose Carlos Loaiza Gallego has recently joined UNAFUT as executive director.
LaLiga, and its president Javier Tebas, have long been a critic of FIFA and the Club World Cup’s place in the calendar. They are not alone amongst the big European leagues to be uncomfortable with the CWC.
UNAFUT now add the first voice of league dissention and legal action outside of Europe, and they show no sign of letting up in terms of spreading the confusion.
Responding via a statement to comments reported in the Mexican press by Víctor Montagliani, president of Concacaf, expressing support for Club León, Alajuelense said it “strongly condemns the public statements”.
The club said the comments “constitute a serious violation of the duty of neutrality, the principle of impartiality, and the institutional loyalty that must govern the actions of all international sports authorities.
“From our position, we reiterate that the integrity of football cannot be compromised by political or economic considerations. We fully trust in independent dispute resolution bodies and the principles that govern international sports law.”
The statement is confusing as that their case CAS is not about “dispute resolution”, and CAS is not a mediator in this instance.
But what it does do is spread confusion and adds to the already to the dissenting noise around the CWC. It is a smart move if your intention is really only to disrupt, though perhaps not as transparent as the case for transparency they are championing.
Confused? Yes, that’s the point. And confusion is not good for a competition that most confederations and leagues outside of Europe are supporting.
Club León may not be out the CWC yet. With an absence of guidance from FIFA, Grupo Pachuca, aware of the competition rules but having two clubs qualified for the CWC nevertheless, had put in provisions similar to those in place for UEFA competitions that allow two clubs under the same ownership to play in the competition.
CAS may rule that those provisions are enough to keep Club León in the competition and that the danger of conflict of interest and potential for competition manipulation have been mitigated.
That would save face for FIFA. Though the current noise level from Alajuelense and the puppeteers in the background looks unlikely to die down.
Contact the writer of this story at moc.l1743239564labto1743239564ofdlr1743239564owedi1743239564sni@n1743239564osloh1743239564cin.l1743239564uap1743239564