CAS Backs FIFA Ban, Spanish Court Convicts Rubiales

The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by the former President of the Royal Spanish Football Federation (RFEF), Luis Rubiales, upholding the three-year ban imposed on him for behaviour that violated the FIFA Disciplinary Code (FDC).

This ban was imposed by the FIFA Disciplinary Committee following Rubiales’ actions after Spain’s win at the 2023 Women’s World Cup final, which included kissing player Jenni Hermoso. He was also involved in other incidents, such as making an inappropriate gesture in the VVIP area, carrying player Athenea del Castillo over his shoulder during post-match celebrations, and giving player Olga Carmona a peck on the cheek during post-match celebrations. It was determined that his conduct was in violation of Article 13 FDC, which deals with offensive behaviour and violation of principles of fair play. In January of last year, the FIFA Appeal Committee upheld this decision, leading to the present appeal before CAS.

The main issues before the CAS Panel were: a) Did the incidents violate Article 13 FDC? and b) Was the imposed sanction proportionate?

The Panel found that Rubiales’ behaviour in each incident constituted a violation of Article 13 FDC. While acknowledging the importance of celebration after victories, the Court emphasised that such actions must remain within the bounds of civility and decorum. Celebrations that cross these boundaries, as in this case, violate Article 13 FDC and are subject to discipline, not excusable as mere moments of euphoria. As to the sanction imposed on Rubiales, the same was upheld as reasonable and proportionate.

Additionally, Rubiales has been convicted of sexual assault by Spain’s High Court. He has been fined 10,800 euros, set at 20 euros per day over an 18-month period. The Court has also banned Rubiales from approaching Hermoso within 200 meters or communicating with her for one year. It is reported that both Rubiales and Hermoso will appeal the Court’s decision.