CAS has no jurisdiction to deal with appeal against IHF Council decision to suspend PATHF

19 Nov. 2018

CAS has no jurisdiction to deal with appeal against IHF Council decision to suspend PATHF

The President of the Appeals Arbitration Division of the Court of Arbitration for Sport (CAS) rendered its Order on the Request for Provisional Measures in the case Pan-American Team Handball Federation (PATHF) v. International Handball Federation (IHF) on 14 November 2018.

 

By way of a Supplementary Appeal Brief and Application for Provisional Measures submitted to CAS on 25 September 2018, PATHF appealed against the IHF Council decision, taken in its meeting in Zagreb, Croatia on 14 January 2018, to suspend PATHF according to Article 11.2.3.2 of the IHF Statutes and following the recommendation of the IHF Arbitration Commission, due to PATHF’s breach of Article 11.2.3.1 of the IHF Statutes. PATHF failed to appeal to the IHF’s internal legal bodies within the stipulated deadline. Therefore, PATHF has not exhausted the IHF’s internal remedies according to the IHF Legal Provisions, but lodged its appeal directly with CAS.

 

Consequently, the President of the CAS Appeals Arbitration Division ruled that CAS has no jurisdiction to deal with the appeal against the decision rendered by the IHF Council on 14 January 2018 suspending PATHF. Hence, the IHF Council decision on suspending PATHF remains valid and effective.