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FIFA:
To that end, the Chairman first refers to decisions that had dealt with the question of the succession of a sporting club in front of CAS3 and in front of FIFA’s decision-making bodies. In particular, it has been established that, on the one side, a club is a sporting entity identifiable by itself that, as a general rule, transcends the legal entities which operate it, meaning that the obligations acquired by any of the entities in charge of its administration in relation with its activity must be respected.
On the other side, it has been determined that the identity of a club is constituted by elements such as its name, colours, fans, history, sporting achievements, shield, trophies, stadium, roster of players, historic figures, etc. that allow it to distinguish from all the other clubs.
Hence, the prevalence of the continuity and permanence in time of the sporting institution in front of the entity that manages it has been recognized, even when dealing with the change of anagement
completely different from themselves.
By the same token a “sporting succession” is the result of the fact that:
1) a new entity was set up with the specific purpose of continuing the exact same activities as the old entity,
2) the "new" club accepted certain obligations of the "old" club,
3) after the acquisition of assets of the “old” club, the “new” club left in the same city and
4) the "new" club took over the license or federal rights from the "old" club
In light of all the above, the Chairman recalls that, in line with the jurisprudence of CAS,
which is now reflected in art. 15 par. 4 of the 2019 FDC, the identity of a club is
constituted by elements such as its name, colours, logo, fans, history, players, stadium,
etc., regardless of the legal entity operating it.
