CAS 2016/A/4787, Jersey Football Association (JFA) v. Union of European Football Associations (UEFA), Award of 28 September 2017

Abstract

The hot potato of what constitutes a country arose once again in a case concerning Jersey, a dependency of the British Crown, brought by its football association against UEFA’s decision to refuse it membership. Membership of UEFA is open, according to Article 5(1) of the UEFA Statutes (applicable at the time), to national football associations situated in the continent of Europe, based in a country which is recognised by the United Nations as an independent state, and which are responsible for the organisation and implementation of football-related matters in the territory of their country. Notwithstanding the degree of autonomy it enjoys, the CAS ruled that Jersey has not been recognised by any member of the United Nations so could not be considered to be a country for the purpose of Article 5(1) of the UEFA Statutes. The decision confirms that the public international law concept of a country should be applied to membership rules of International Federations. The case also addressed the powers of the UEFA Executive Committee to examine membership applications. Taking a formalistic approach, the CAS set aside the UEFA Executive Committee’s decision on the basis that a literal reading of the UEFA Statutes only grants the UEFA Congress the right to consider a membership application. However, this does not mean that the UEFA Congress can take arbitrary decisions without complying with the mandatory requirements for membership. This put UEFA in the curious—and arguably incoherent—position of having to transmit the doomed application to the UEFA Congress for its consideration.