The Court of Arbitration for Sport (CAS) has partially upheld therequest for provisional measures filed by Michel Platini requesting that his 90-day provisionalsuspension from taking part in any kind of football-related activity at national and international levelsbe lifted until a final decision on the merits of the dispute is taken by the FIFA Ethics Committee.
On 20 November 2015, Michel Platini filed an appeal against the FIFA Appeal Committee decision,notified on 18 November 2015, confirming the decision rendered on 7 October 2015 by theAdjudicatory Chamber of the FIFA Ethics Committee to impose a provisional ban of 90 days on him.The 90-day period expires on 5 January 2016.
The CAS Panel, composed of Mr Clifford Hendel (France/USA), President, Mr Rui Botica Santos(Portugal) and Prof. Ulrich Haas (Germany), determined that maintaining the provisional suspensionfor the remainder of the 90 days does not cause irreparable harm to Michel Platini at this point in time.Indeed, the CAS Panel has noted that, at the hearing of 8 December 2015, FIFA’s representativesconfirmed FIFA’s assurances expressed earlier that the FIFA Ethics Committee would render its finaldecision on the merits on or before 5 January 2016, i.e. before the provisional suspension comes to anend. The CAS Panel also emphasized that, even if the ban were lifted at this time, such measure wouldnot give any guarantee to Michel Platini that the FIFA ad hoc electoral committee would validate his
candidature for the FIFA presidential election before 5 January 2016.
However, the CAS Panel considered that the situation would change if FIFA were to extend theprovisional suspension for any period up to 45 days, on the basis of "exceptional circumstances" aspermitted by Art. 85 of the FIFA Code of Ethics. The Panel found that such an extension wouldconstitute an undue and unjustified restriction of Michel Platini’s right of access to justice, causeirreparable harm to him and also tip the balance of interest test in his favour. As a consequence, theCAS Panel ordered FIFA not to extend the current provisional suspension imposed on Michel Platini.
20 Years at #1: Your best source of news about the Olympics is www.aroundtherings.com, for subscribers only
Últimas Noticias
Sinner-Alcaraz, the duel that came to succeed the three phenomenons
Table tennis: Brazil’s Bruna Costa Alexandre will be Olympic and Paralympic in Paris 2024
Rugby 7s: the best player of 2023 would only play the medal match in Paris
Rhonex Kipruto, owner of the world record for the 10000 meters on the road, was suspended for six years
Katie Ledecky spoke about doping Chinese swimmers: “It’s difficult to go to Paris knowing that we’re going to compete with some of these athletes”
