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THE COURT OF ARBITRATION FOR SPORT (CAS) UPHOLDS THE APPEAL OF FOOTBALL CLUB REAL GARCILASO; DECISION OF THE PERUVIAN FOOTBALL FEDERATION (PFF) REVERSED

11/29/2017

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Lausanne, 29 November 2017 – The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the Peruvian football club Real Garcilaso against the Peruvian Football Federation (PFF) and the Peruvian football clubs Club Sport Alianza Atlético de Sullana and Club Juan Aurich. Resolution 034-CJ-FPF-2017 rendered by the Comisión de Justicia de la Federación Peruana de Fútbol on 11 August 2017 in which Real Garcilaso was sanctioned for having fielded an ineligible player has been set aside and a new decision has been imposed in which the PFF is ordered to restore 6 points to Real Garcilaso and deduct 3 points from Club Sport Alianza Atlético de Sullana and Club Juan Aurich.On 14 and 23 July 2017 Real Garcilaso played matches against Club Sport Alianza Atlético de Sullana and Club Juan Aurich, winning both games. Club Sport Alianza Atlético de Sullana and Club Juan Aurich subsequently filed complaints with the Peruvian Football Federation alleging that Carlos Neumann had been ineligible to play for Real Garcilaso in those matches due to administrative irregularities in the loan registration between his home club in Paraguay and Real Garcilaso.

On 11 August 2017, the Comisión de Justicia de la Federación Peruana de Fútbol issued
Resolution 034-CJ-FPF-2017 in which Real Garcilaso was ruled to have lost both matches, with
6 points being deducted from its total, and 3 points being added to each of the opponent clubs.
On 1 September 2017, Real Garcilaso filed an appeal at CAS. A hearing was held in the presence of the parties on 9 November 2017 in Lima, Peru.
 
The CAS determined that Carlos Neumann’s loan agreement was correctly registered at the time of the two disputed matches, and accordingly, that he was eligible to play and that Resolution 034-CJFPF-2017 must be set aside.

By: Editor
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