CAS 2010/A/2071 - Tribunal Arbitral du Sport / TAS

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I. THE PARTIES CAS 2010/A/2071 IFA v/ FAI, Kearns & FIFA - Page 2 1. The Irish Football Association (hereinafter referred to as “IFA” or the “Appellant”) is the governing body of football in Northern Ireland. It has its registered office in Belfast, Northern Ireland. It was founded in 1880 and is affiliated to the Fédération Internationale de Football Association since 1911. 2. The Football Association of Ireland (hereinafter referred to as “FAI” or the “First Respondent”) is the governing body of football in the Republic of Ireland. It has its registered office in Dublin, Republic of Ireland. It was founded in 1921 and is affiliated to the Fédération Internationale de Football Association since 1923. 3. Mr Daniel Kearns (hereinafter referred to as “Mr Kearns” or the “Second Respondent”) is a professional football player. He has both Irish and British nationality. 4. The Fédération Internationale de Football Association (hereinafter referred to as “FIFA” or the “Third Respondent”) is an association under Swiss law and has its registered office in Zurich, Switzerland. FIFA is the governing body of international football at worldwide level. It exercises regulatory, supervisory and disciplinary functions over continental confederations, national associations, clubs, officials and players world-wide. II. BACKGROUND FACTS II.1 Mr Kearns’ Request for a Change of Association 5. Mr Kearns was born on 26 August 1991 in Antrim, Northern Ireland. His parents were also born in Northern Ireland and held passports of the Republic of Ireland at the time of his birth. 6. It is undisputed that Mr Kearns has had dual British and Irish citizenship from birth. 7. Mr Kearns was selected in several international matches for the U-15 and U-16 schoolboy teams of Northern Ireland as well as for the Northern Ireland U-17 and U-19 teams. However, he has never played a match in an official competition at “A” international level for the IFA. 8. On 11 August 2009, Mr Kearns filed an application before FIFA for a change of association team, from the IFA to the FAI. On 2 November 2009, he confirmed to FIFA his request, acknowledging the fact that such a change would be irreversible. 9. On 3 November 2009 and in compliance with the applicable FIFA regulations, the FAI submitted a formal request to FIFA for Mr Kearns’ change of association
CAS 2010/A/2071 IFA v. FAI, Kearns & FIFA - Page 3 team. It fulfilled all the administrative requirements at the latest by 21 December 2009. II.2 The Decision of the Single Judge of the FIFA Players’ Status Committee 10. On 4 February 2010, the Single Judge of the FIFA Players’ Status Committee (hereinafter referred to as the “Single Judge”) accepted the request made by the FAI and by Mr Kearns for the change of association team. 11. In particular, the Single Judge dismissed the submission of the IFA that Mr Kearns was not eligible to play for the FAI because he did not fulfil any of the criteria contained in Article 16 of the Regulations governing the application of the 2009 FIFA Statutes (hereinafter referred to as the “2009 Application Regulations”). The Single Judge found that said provision applied exclusively to players eligible to represent several associations on the basis of one single nationality. As Mr Kearns has both the British and Irish nationality, the Single Judge concluded that he did not need to comply with the requirements of Article 16 of the 2009 Application Regulations. Hence, in light of the fact that Mr Kearns a) has more than one nationality, b) had not played for the IFA in an official competition at “A” international level, c) had the Irish nationality at the time of his appearance in international matches in official competitions with the team of the IFA, the Single Judge concluded that only Article 18 of the 2009 Application Regulations had to be considered. In this regard, he reached the conclusion that Mr Kearns fulfilled the objective prerequisites of this provision. 12. As a result, the Single Judge decided the following: “1. The request made by the Football Association of Ireland and the player Daniel Anthony Kearns for change of Association team is accepted. 2. The player Daniel Anthony Kearns is allowed to represent the national team of the Football Association of Ireland as from the notification of the present decision”. 13. The IFA claims that it was notified of the decision issued by the Single Judge (hereinafter referred to as the “Appealed Decision”) only on 12 February 2010. III. PROCEEDINGS BEFORE THE COURT OF ARBITRATION FOR SPORT III.1 The Appeal 14. On 2 March 2010, the IFA filed a statement of appeal with the Court of Arbitration for Sport (hereinafter referred to as the “CAS”) to challenge the above mentioned Appealed Decision. The Appellant named as respondents to the appeal FAI, Mr Kearns and FIFA (hereinafter collectively referred to as the “Respondents”) and submitted the following request for relief:
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CAS 2010/A/2071 - Tribunal Arbitral du Sport / TAS

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