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

CAS 2010/A/2071 IFA v/ FAI, Kearns & FIFA - Page 26
citizens living in Northern Ireland or accepted that Irish citizens could not be
selected for its teams, whether living in Northern Ireland or elsewhere. The
contrary has not, in the Panel’s view, been established by the IFA. In any event
the IFA’s evidence fell short of establishing the binding nature of the alleged
agreement or the legal/regulatory basis which would allow it to supersede Articles
15 to 18 of the 2009 Application Regulations.
90. In any event, the alleged tacit agreement may not be used to defeat the claim of
Mr Kearns, who was of course not a party to any such agreement and who, in any
event, is entitled to exercise his rights as provided under Article 15 and 18 of the
2009 Application Regulations.
IV.6 Conclusion
91. Based on the above, the Panel finds that the Appealed Decision must be upheld in
its entirety, without any modification. This conclusion makes it unnecessary for
the Panel to consider the other requests submitted by the parties. Accordingly, all
other prayers for relief are rejected.
92. (...)