CAS 2014/A/3730, FK Bohemians Praha v. FA Czech Republic, Award of 22 December 2015

Abstract

The dispute described below related to the interpretation of a FACR (“the Respondent”) rule indicating that the last two clubs of the Czech second division are to be relegated to the third division at the end of a season. In order to fill the resulting two vacant spots, two clubs are promoted from the third division. FK Bohemians Praha (“the Appellant”) claimed that in case of such vacancy, promotion shall be offered to the teams ranked second, third, or fourth. If these teams refuse promotion, the team ranked on the penultimate position in the Czech second division shall not be relegated. In the Respondent’s view, by contrast, the relevant rule provides that the promotion shall be offered to any further team of the third division according to its position. The Appellant filed a motion to the FACR Appeal Committee. The Appeal Committee held that it lacked jurisdiction and this decision was challenged before CAS. The CAS Panel held that the argument of the champion not being entitled to promotion was not raised before the FACR’s Appeal Committee and therefore could not be the subject of the decision. As the Appellant did not challenge the champion’s promotion at the Respondent’s level, the Panel could not rule on this issue. Finally, the champion of the third division, contrary to what the Appellant contended, was promoted to and competed in the 2014/2015 season of the Czech second division. The Appellant’s appeal invoking that the champion had refused promotion was therefore groundless.