The Court of Arbitration for Sport rejects an application for urgent provisional measures filed by Adrien Silva
17 November 2017
The Court of Arbitration for Sport (CAS) has rejected an application for urgent provisional measures filed by the Portuguese footballer Adrien Silva. The Player had sought an order from CAS requiring FIFA to issue an International Transfer Certificate (ITC) which would allow the Football Association (the FA) to provisionally register him for its affiliated club Leicester City FC (Leicester) until CAS renders its final award in these proceedings.
On 31 August 2017, the last day of the registration period for the 2017/2018 sporting season in England, Sporting Clube de Portugal (Sporting) concluded a transfer agreement with Leicester for the transfer of Adrien Silva to Leicester. However, the ITC request was blocked by the FIFA Transfer Matching System (FIFA TMS) as it was outside of the registration period and the FA was unable to register Adrien Silva’s transfer to Leicester. The FA requested a “validation exception” from FIFA which was refused in a decision issued by the Single Judge of the FIFA Players’ Status dated 27 September 2017.
On 3 October 2017, Adrien Silva filed a statement of appeal at CAS together with the application for urgent provisional measures. Leicester is not party in this arbitration procedure. Although the Player’s initial request for interim relief has been rejected, the proceedings will continue and a final decision on the merits will be issued after a hearing, which is yet to be fixed.