Editing Openai/6923772e-905c-8010-9104-b8d007833c93 (section)

==== CAS stressed several failures: ====
# No assessment of FIFA’s own prior licensing decision (2023) - FIGC and FIFA had both cleared Tinti in 2023. - FIFA never explained why the 2023 evaluation did not detect or consider the 2012 sanction.
# The 2012 Sanction was a settlement (Art. 23 CGS) - Article 5(1)(a)(iii) FFAR does not mention settlements (unlike Art. 5(1)(a)(ii)). - FIFA GS failed to analyze whether settlements fall under the eligibility rule.
# Criminal acquittal ignored - Tinti was acquitted of all criminal charges related to the 2012 matter. - This was not considered in FIFA’s reasoning.
# Proportionality analysis missing - No consideration of the lapse of 13 years with no misconduct. - No analysis of whether reliance on a decade-old sanction is appropriate.
# Lack of due process safeguards - No avenue to challenge the provisional suspension before a disciplinary body.

➡ The GS’s investigation was “superficial and overly simplistic” and “lacked the diligence required” for a measure with such severe impact.
11173_Arbitral_Award__FINAL_for…