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TAS - Laudo Arbitral TAS 2025-A-11314 Club de Fútbol Pachuca c. FIFA & TAS 2025-A-11315 Club León c. FIFA & TAS 2025-A-11316 Club León c. FIFA

Tribunal de Arbitraje Deportivo

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TAS - Laudo Arbitral TAS 2025-A-11314 Club de Fútbol Pachuca c. FIFA & TAS 2025-A-11315 Club León c. FIFA & TAS 2025-A-11316 Club León c. FIFA
Autor
Tribunal de Arbitraje Deportivo
Categoría
Jurisprudencia
Área del derecho
Deporte
Año
2025

TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA ARBITRAL AWARD delivered by the

COURT OF ARBITRATION FOR SPORT

sitting in the following composition:

President: Prof. Roberto Moreno, Professor and Attorney-at-law in Asunción, Paraguay Arbitrators: Prof. Massimo Coccia, Professor and Attorney-at-law in Rome, Italy

Mr Daniel Cravo Souza, Attorney-at-law in Porto Alegre, Brazil Ad hoc Clerk: Mr Adrián Hernández, Lausanne, Switzerland in the arbitration between Club de Fútbol Pachuca, Pachuca, Mexico Represented by Messrs Lucas Ferrer and Luis Torres, Attorneys -at-law, Statim Legal in Barcelona, Spain and Messrs Alexis Schoeb and Micael Totaro, Attorneys-at-law, Peter & Kim in Geneva, Switzerland and Sydney, Australia. – Appellant in TAS 2025/A/11314 – Club León, León, Mexico Represented by Mr Gorka Villar Bollain, Attorney-at-law, BS Sports Law in Marid, Spain. – Appellant in TAS 2025/A/11315 & TAS 2025/A/11316 – and Fédération Internationale de Football Association (FIFA), Zurich, Switzerland Represented by Messrs Miguel Liétard, Director of Litigation, and Carlos Schneider, Director of Judicial Bodies, FIFA in Miami, USA. – Respondent in TAS 2025/A/11314, TAS 2025/A/11315 & TAS 2025/A/11316 –TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA TAS 2025/A/11315 Club León c. FIFA

TAS 2025/A/11315 & TAS 2025/A/11316 –TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 2

I. PARTIES

1. Club de Fútbol Pachuca (“ Club Pachuca” or the “ First Appellant”) is a professional football club with headquarters in Pachuca, Mexico , affiliated with the Federación Mexicana de Fútbol Asociación (“FMF”), which in turn is affiliated with the Fédération

Internationale de Football Association (FIFA).

2. Club León (“ Club León” or the “ Second Appellant”) is a professional football club headquartered in León, Mexico also affiliated with the FMF.

3. Fédération Internationale de Football Association (“ FIFA” or the “Respondent”) is the international governing body of football, constituted as an association under Articles 60 et seq. of the Swiss Civil Code (“SCC”), with headquarters in Zurich, Switzerland.

4. The First and Second Appellant, where relevant, will be jointly referred to as the Appellants or the Clubs (the “Appellants” or the “Clubs”). Similarly, where relevant, the Appellants and the Respondent will be jointly referred to as the Parties (the “Parties”) to these disputes.

II. FACTUAL BACKGROUND

5. What follows is a summary of the relevant facts and allegations based on the Parties’ written submissions, pleadings and evidence examined in the course of the present proceedings. Additional facts and allegations found in the Parties’ written submissions, pleadings an d evidence may be set out, where relevant, in connection with the legal discussion. While the Panel has considered all the facts, allegations, legal arguments and evidence submitted by the Parties in the present proceedings, it refers in this award

(the “Award”) only to the submissions and evidence it considers necessary to explain its reasoning.

discussion. While the Panel has considered all the facts, allegations, legal arguments and evidence submitted by the Parties in the present proceedings, it refers in this award (the “Award”) only to the submissions and evidence it considers necessary to explain its reasoning.

A. Background facts

6. On 16 December 2022, the FIFA Council, convened in Doha, Qatar, approved a 32-team international club competition named the FIFA Club World Cup (the “Competition”).

The Competition was scheduled to be held in June 2025 and every four years thereafter. This approval came after the FIFA Council had previously approved a similar tournament, a 24-team international club competition, to be held in 2021 , which had to be postponed due to the Covid-19 global pandemic.

7. On 14 February 2023, the FIFA Council unanimously approved the slot allocation for the Competition (“Slot Allocation”), the breakdown of which is as follows: – Asian Football Confederation (“AFC”): 4 slots, – Confédération Africaine de Football (“CAF”): 4 slots, – Confederation of North, Central America and Caribbean Association Football (“Concacaf”): 4 slots, – Confederación Sudamericana de Fútbol (“CONMEBOL”): 6 slots, – Oceania Football Confederation (“OFC”): 1 slot, – Union des Associations Européennes de Football (“UEFA”): 12 slots, andTAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 3 – The Competition’s host: 1 slot.

8. On 14 March 2023, the FIFA Council unanimously approved the following “ key principles of access” to the Competition (“Access Principles”): “With a period of consideration being the four -year period of the seasons ending in

– The Competition’s host: 1 slot.

8. On 14 March 2023, the FIFA Council unanimously approved the following “ key principles of access” to the Competition (“Access Principles”): “With a period of consideration being the four -year period of the seasons ending in 2021 and 2024, the key principles of access are as follows: • For confederations with more than four slots: access for the champions of the previous four editions of the confederation’s premier club competition, and additional teams to be determined by a club ranking based on the same four-year period • For confederations with four slots: access for the champions of the previous four editions of the confederation’s premier club competition • For confederations with one slot: access for the highest ranked club between the champions of the confederation’s premier club competition in the four -year period • For the host country: access for the club occupying this slot will be determined at a later stage Other criteria also apply: • In the event of a club winning two or more editions of the confederation’s premier club competition during the 2021 -2024 period, a club ranking calculated based on sporting criteria will be used to grant access • A cap of two clubs per country will be applied to the access list with an exception in case more than two clubs from the same country win the confederation’s premier club competition over the four-year period • Further consultation will follow with confederations and stakeholders to define the calculation mechanisms of the club ranking, which will be based on sporting criteria”.

9. On 4 June 2023, Club León won the Concacaf Champions Cup and qualified for the Competition in accordance with the above quoted Access Principles.

10. On 17 December 2023, the FIFA Council selected the United States of America as the host country of the first edition of the Competition. Furthermore, the FIFA Council approved the club -ranking methodology, which had been left undefined in the Access Principles pending consultation with confederations and stakeholders.

10. On 17 December 2023, the FIFA Council selected the United States of America as the host country of the first edition of the Competition. Furthermore, the FIFA Council approved the club -ranking methodology, which had been left undefined in the Access Principles pending consultation with confederations and stakeholders.

11. On 1 June 2024, Club Pachuca won the Concacaf Champions Cup, qualifying for the Competition in accordance with the above quoted Access Principles.

12. On 27 June 2024, Mr A., President of the Board of Directors of Grupo Pachuca Fútbol & Negocios (a group of companies knowns as “Grupo Pachuca”), sent a letter to the FIFA President with the aim to “aclarar algunos aspectos relevantes sobre los equipos de fútbol propiedad de Grupo Pachuca en México: Club Pachuca y Club León” (i.e. “clarify certain relevant aspects about the football teams owned by Grupo Pachuca in Mexico: Club Pachuca and Club León” , free translation from Spanish original) . In this letter , the President of Grupo Pachuca made the following statements:TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 4 – Both Clubs are operationally independent, each with its o wn corporate structures, and have an autonomous decision -making process for player recruitment and development; – The financial management of both Clubs are distinct and independent, each having its own budget and financial management systems; – Grupo Pachuca’s business operations are not limited solely to football, but also include activities in other sectors such as academia, commerce, hospitality, real estate, automotive parts, among others; – With the Clubs competing in Liga MX – Mexico’s top -flight football league – Grupo Pachuca is committed towards the development of Liga MX, and its

include activities in other sectors such as academia, commerce, hospitality, real estate, automotive parts, among others; – With the Clubs competing in Liga MX – Mexico’s top -flight football league – Grupo Pachuca is committed towards the development of Liga MX, and its ownership of those Clubs has at all times been compliant with FIFA and Liga MX regulations; and – Grupo Pachuca has detailed polic ies of profit reinvestment into infrastructure, human development and continued business growth.

13. The letter by Mr A. also annexed the Grupo Pachuca’s organizational chart, a table listing its different commercial activities, and the organizational charts for Club Pachuca and

Club León.

14. On 3 October 2024, the FIFA Council unanimously approved the Regulation s for the Club World Cup 2025 (the “CWC Regulations”).

15. The CWC Regulations provide rules regarding multi-club ownership (“ MCO”) in its Article 10: “10.1 To ensure the integrity of the Competition, participating clubs shall meet the below criteria when submitting the Participation Agreement and shall continue to comply with the criteria until the end of the Competition: a) No club participating in the Competition may, either directly or indirectly: i) hold or deal in the securities or shares of any other club participating in the Competition; ii) be a member of any other club participating in the Competition; iii) be involved in any capacity whatsoever in the management, administration and/or sporting performance of any other club participating in the Competition; or iv) have any power whatsoever in the management, administration and/or sporting performance of any other club participating in the Competition. b) No one may simultaneously be involved, either directly or indirectly, in any capacity whatsoever in the management, administration and/or sporting performance of more than one club participating in the Competition. c) No individual or legal entity may have control or influence over more than one club participating in the Competition, such control or influence

being defined in this context as:

any capacity whatsoever in the management, administration and/or sporting performance of more than one club participating in the Competition. c) No individual or legal entity may have control or influence over more than one club participating in the Competition, such control or influence being defined in this context as: i) holding a majority of the shareholders’ voting rights; ii) having the right to appoint or remove a majority of the members of the administrative, management or supervisory body of the club;TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 5 iii) being a shareholder and alone controlling a majority of the shareholders’ voting rights pursuant to an agreement entered into with other shareholders of the club; or iv) being able to exercise by any means a decisive influence in the decision-making of the club. 10.2 If, on the basis of a complaint or the information available to FIFA, there is a doubt as to whether a participating club fulfils the criteria established above, the FIFA general secretariat may refer the case to the FIFA Disciplinary Committee, who shall decide on the admission without delay in accordance with the FIFA Disciplinary Code. 10.3 If two or more clubs fail to meet the criteria defined in paragraph 1 above, only one of them may be admitted to the Competition. The FIFA Disciplinary Committee shall have jurisdiction to decide whether the criteria defined in paragraph 1 above are met. 10.4 If the FIFA Disciplinary Committee decides that two or more clubs fail to meet the criteria defined in paragraph 1 above, the FIFA general secretariat shall decide which club may be admitted to the Competition and how a club that is not admitted shall be replaced in accordance with the following principles, taking into account, in particular, the respective ranking(s) of the

meet the criteria defined in paragraph 1 above, the FIFA general secretariat shall decide which club may be admitted to the Competition and how a club that is not admitted shall be replaced in accordance with the following principles, taking into account, in particular, the respective ranking(s) of the club(s) concerned and the applicable quota per confederation and/or member association to which the club(s) concerned is/are affiliated”.

16. On 17 October 2024, FIFA, via its […], Mr B., sent a request of information to the Clubs, stating inter alia as follows: “A tenor de lo dispuesto en el artículo 11 del Reglamento FCWC, el Club Pachuca y el Club León ostentan el derecho deportivo a participar en el Mundial de Clubes de la FIFA 2025™, ello sujeto al cumplimiento de los requisitos reglamentarios y, en particular, a lo determinado en el mencionado artículo 10 del Reglamento FCWC.

En este marco preliminar, la administración de la FIFA debe de proceder a examinar, con carácter inicial, la posible existencia de vínculos entre Grupo Pachuca, el Club Pachuca y el Club León en el contexto reglamentario anteriormente referido, ello sin perjuicio de las competencias que, en su caso, dispondría la Comisión Disciplinaria de la FIFA en un momento procesal posterior de este proceso”. (English translation by the Panel: “In accordance with article 11 of the FCWC Regulations, Club Pachuca and Club León hold the sporting right to participate in the FIFA Club World Cup 2025 ™, subject to compliance with the regulatory requirements and, in particular, with the mentioned Article 10 of the FCWC Regulations. In this preliminary stage, the FIFA administration must initially examine the possible existence of links between Grupo Pachuca, Club Pachuca, and Club León within the aforementioned regulatory context, without prejudice to the competence that the

mentioned Article 10 of the FCWC Regulations. In this preliminary stage, the FIFA administration must initially examine the possible existence of links between Grupo Pachuca, Club Pachuca, and Club León within the aforementioned regulatory context, without prejudice to the competence that the FIFA Disciplinary Committee would have at a later stage of this process”).

17. Therefore, FIFA’s stated purpose for the request was to conduct a n initial exam of possible links between Grupo Pachuca, Club Pachuca and Club León in order to ascertain their compliance with Article 10 of the CWC Regulations. FIFA requested, inter alia, theTAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 6 following information, to be provided within seven days : documents showing the shareholding and voting structure of both Clubs, including any such document that would show links with Grupo Pachuca or any other entity that could control or exert influence over both Clubs; documents indicating whether Grupo Pachuca or any other individual or legal entity had the right to name or substitute people involved in the administration, management or supervision of both Clubs; and documents evidencing any form of influence over the decision-making process of both Clubs by Grupo Pachuca or any other individual or legal entity. The letter granted the Clubs seven days to respond.

18. On 23 October 2024, both Clubs answered to FIFA’s request by way of separate letters , providing several documents.

19. In particular, Club Pachuca provided the following documents: (i) a copy of the certificate of incorporation of “[…]” (the formal corporate name of Club Pachuca) dated 24 July 1995, and (ii) a copy of public deed reflecting alterations to the ownership structure of Club Pachuca, dated 5 January 2023. For its part, Club León provided (i) a copy of the

1995, and (ii) a copy of public deed reflecting alterations to the ownership structure of Club Pachuca, dated 5 January 2023. For its part, Club León provided (i) a copy of the certificate of incorporation of “[…]” (the formal corporate name of Club León) dated 23 December 2010; and (ii) a copy of a public deed reflecting alterations to the ownership structure of Club León, dated 5 January 2023.

20. Both Clubs asserted in their communications that Grupo Pachuca was not a legal entity, but rather a brand identifying a set of independent companies as part of a wider corporate group. The Clubs denied the existence of any document pertaining to FIFA’s other requests relating to Grupo Pachuca or other entities influencing several aspects of the Club’s independence. Both letters were signed by their respective legal representatives, namely Mr A. on behalf of Club Pachuca and Mr C. –Mr A.’s son– on behalf of Club

León.

21. On 30 October 2024, FIFA informed Liga MX about its preliminary analysis on the control and influence structures relating to Grupo Pachuca and the Clubs and requested a series of documents.

22. On the same day, FIFA wrote to the Clubs acknowledging receipt of the Clubs’ correspondence of 23 October 2024 and requesting both Clubs to transmit a new set of documents, once again by a seven-day deadline. The Clubs were requested to present the following: copies of the Clubs’ statutes, internal regulations and other documents relating to the ownership, control, influence, and decision -making processes of the Clubs ; clarification on the role of the shareholders and members of the board of directors on the administration of the Clubs; minutes of meeting of the board of directors; confirmation of any financial support given to the Clubs by Group Pachuca; documentation on t he Clubs’ registration with Liga MX for the 2024-2025 season, including the registration of the Clubs’ owners and representatives; and explanations and relevant documenta ry evidence of any specific procedures or policies adopted by Liga MX to protect its

Clubs’ registration with Liga MX for the 2024-2025 season, including the registration of the Clubs’ owners and representatives; and explanations and relevant documenta ry evidence of any specific procedures or policies adopted by Liga MX to protect its competitions integrity in relation to the Clubs.

23. On 6 November 2024, Liga MX answered to the FIFA’s document ary requests, transmitting nine documents.TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 7

24. On 8 November 2024, after an extension, the Clubs transmitted to FIFA eleven documents each, some of which had been exhibited previously ( i.e., certificate of incorporation and current ownership structure, the interim Internal Regulation of Liga MX, the Liga MX’s Competition Regulations for the 2024-2025 season, the minutes of the Clubs’ Ordinary General Assembl ies of 22 May 2023, etc. ). As a newly exhibited document, the Clubs presented the trademark registry of Grupo Pachuca and affirmed that Grupo Pachuca had not provided any financial support to either of the Clubs as it is not a corporate entity.

25. Some informal contacts ensued between FIFA and the Clubs and eventually, o n 4 December 2024, the Parties held an in-person meeting at FIFA’s headquarters in Miami, USA, where the Clubs’ representatives had a chance to talk, in particular, with Mr B. The purpose of the meeting, scheduled at the Clubs’ requests, was to address FIFA’s investigation into the Clubs’ MCO structure and potential next steps of the process. The testimonies of Mr A. and Mr B. concur as to the pleasant and friendly tone of the meeting but differ as to the essence of what was said on the crucial points of the MCO issue. The former, on the one hand, testified (i) that he was assured by the FIFA representative that,

testimonies of Mr A. and Mr B. concur as to the pleasant and friendly tone of the meeting but differ as to the essence of what was said on the crucial points of the MCO issue. The former, on the one hand, testified (i) that he was assured by the FIFA representative that, before adopting any measure, FIFA would contact the Clubs to jointly seek a reasonable solution in a consensual manner and (ii) that he declared during the meeting to be even willing to sell Club León ; the latter, on the other hand, testified (i) that he did not give any assurance to the Clubs as he merely explained how the process worked and that FIFA would examine any solution proposed by the Clubs and (ii) that Mr A. declared during the meeting that he was unwilling to sell Club León.

26. On 5 December 2024, FIFA hosted in Miami the draw ceremony for the group stage of the Competition. This event was attended by the representatives of Club Pachuca and Club León, and, in accordance with the draw, the Clubs were inserted into two different groups with other qualified clubs. Some further informal contacts ensued between FIFA and the Clubs.

27. On 3 February 2025, FIFA sent the short-form version of the so-called Participation Agreement (the “Participation Agreement”) to all the qualified clubs, including Club Pachuca and Club León, requesting it to be signed by 7 February 2025. The Participation Agreement reads as follows: “1. The undersigned club (‘Club’) hereby confirms that its participation in the FIFA Club World Cup ™ 2025 (‘Competition’), is inter alia subject to it signing a Participation Agreement and fulfilling, in particular, the criteria under articles 4, 5 and 10 of the Regulations for the FIFA Club World Cup ™ 2025 (‘Competition Regulations’).

2. The Club acknowledges and agrees that by signing this Short Form, it is directly bound by articles 4, 5 and 10 of the Competition Regulations. Whilst FIFA and

4, 5 and 10 of the Regulations for the FIFA Club World Cup ™ 2025 (‘Competition Regulations’).

2. The Club acknowledges and agrees that by signing this Short Form, it is directly bound by articles 4, 5 and 10 of the Competition Regulations. Whilst FIFA and the Club acknowledge that a detailed Participation Agreement will follow in due course, the Club acknowledges and agrees that this Short Form constitutes the ‘Participation Agreement’ for the purpose of articles 4, 5 and 10 of the

Competition Regulations.

3. The Club also acknowledges and agrees that FIFA is entitled to issue additional FIFA Regulations and/or to reissue, amend and revise existing FIFATAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 8 Regulations at its sole discretion. If at any time there is an inconsistency between this Short Form and the FIFA Regulations, the FIFA Regulations shall take precedence.

4. FIFA and the Club agree this Short Form shall be governed exclusively by Swiss Law. Without prejudice to any contrary dispute-resolution procedures set out in any of the FIFA Regulations, and to the exclusion of decisions which are declared as final and b inding by applicable FIFA Regulations, any disputes arising out of or in connection with this Short Form, and any disputes related to the admission to, participation in, or exclusion from the Competition, including proceedings related to provisional or superprovisional measures, shall be exclusively resolved by the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, to the exclusion of the jurisdiction of any ordinary state court. Such arbitration proceedings shall be governed by the CAS Code of Sports-related Arbitration (‘CAS Code’). The language of the proceedings shall be English.

For disputes related to the admission to, participation in, or exclusion of the Club from the Competition, the Club additionally agrees that such proceedings

arbitration proceedings shall be governed by the CAS Code of Sports-related Arbitration (‘CAS Code’). The language of the proceedings shall be English. For disputes related to the admission to, participation in, or exclusion of the Club from the Competition, the Club additionally agrees that such proceedings will be conducted in an expedited manner in accordance with the CAS Code, subject to directions issued by the CAS.

5. This form shall be sent back by no later than 7 February 2025, failing which it may be considered that the Club has waived its right to participate in the

Competition”.

28. The Clubs assert that, through their legal representatives, they verbally complained about the content of the Participation Agreement and sought to obtain an extension of the deadline to sign it; they also assert that FIFA representatives verbally conveyed the message that no extension was possible and that if the Clubs did not sign the Participation Agreement within the set deadline of 7 February 2025 they would not be admitted into the Competition.

29. On 6 February 2025, both Clubs submitted signed copies of the Participation Agreement.

Alongside the signed copies of the Participation Agreement, both Clubs presented a reservation of rights. Club Pachuca’s reservation of rights reads as follows: “Sin perjuicio de la postura que ya les hemos manifestado en los últimos meses (vid. respuesta a sus comunicaciones de 17 y 30 de octubre) y que mantenemos en todos sus términos, de los derechos que nos asisten y de la elegibilidad de nuestro club en cualquier caso para participar en el M undial de Clubes, les adjuntamos siguiendo sus instrucciones el citado Acuerdo de Participación debidamente firmado por nuestro club, haciendo expresa reserva de todos nuestros derechos”.

30. Likewise, Club León reserved its right in the following terms: “Tal como les hemos expresado en los últimos meses en nuestras respuestas a sus comunicaciones del 17 y 30 de octubre, reiteramos nuestra postura respecto a la

30. Likewise, Club León reserved its right in the following terms: “Tal como les hemos expresado en los últimos meses en nuestras respuestas a sus comunicaciones del 17 y 30 de octubre, reiteramos nuestra postura respecto a la elegibilidad de nuestro club para participar en la competición. Sin perjuicio de ello, y en cumpl imiento de sus indicaciones, les remitimos el Acuerdo de Participación debidamente firmado, reservándonos expresamente todos nuestros derechos”.TAS 2025/A/11314 Club de Fútbol Pachuca c. FIFA

TAS 2025/A/11315 Club León c. FIFA TAS 2025/A/11316 Club León c. FIFA page 9

31. As to the remaining qualified clubs, they signed the Participation Agreement on the following dates, sending the signed document on the same day of their signature (except

where noted below): – 3 February 2025: Inter Miami CF and Seattle Sounders; – 4 February 2025: Al Ain, Al Ahly, Auckland City, Boca Juniors, Palmeiras, River Plate and Wydad AC; – 5 February 2025: Al Hilal, Botafogo, Flamengo, Club Monterrey and Ulsan HD; – 6 February 2025 : Espérance de Tunis, Fluminense, Mamelodi Sundowns, Real Madrid and Urawa Red Diamonds; and – 25 April 2025 (but sent to FIFA on 1 May 2025) : Atlético de Madrid, FC Bayern Munchen, SL Benfica, Borussia Dortmund, Chelsea FC, FC Internazionale Milano, Juventus FC, Manchester City FC, Paris Saint -Germain, FC Porto and Red Bull Salzburg.

32. The European clubs mentioned in the last group had given the European Club Association (“ECA”) special powers to negotiate and sign the Participation Agreement on their behalf. As mentioned, although signed on 25 April 2025, the Participation Agreements of

Salzburg.

32. The European clubs mentioned in the last group had given the European Club Association (“ECA”) special powers to negotiate and sign the Participation Agreement on their behalf. As mentioned, although signed on 25 April 2025, the Participation Agreements of these clubs were actually sent to FIFA on 1 May 2025.

B. Proceedings before FIFA

33. On 7 February 2025, the FIFA Secretary General (“ Secretary General”) sent a letter to

the Chairperson of the FIFA Disciplinary Committee (“FIFA DC”) expressing his “doubt as to whether Club Pachuca and Club León fully comply with the criteria outlined in Article 10 of the FCWC Regulations”.

34. Consequently, and pursuant to Article 10.2 of the CWC Regulation, the Secretary General

formally referred the case to the FIFA DC.

35. On 11 February 2025, the FIFA DC formally opened disciplinary proceedings against the Clubs for an alleged breach of Article 10.1 of the CWC Regulations, following the Secretary General’s referral. In the communication notifying the commencement of the

disciplinary proceedings, registered under reference number FDD -21931, the FIFA DC granted the Clubs 10 days to present their initial observations. Furthermore, the documentation that FIFA had received from the Clubs and Liga MX was added to the case file of the disciplinary proceedings.

36. On 24 February 2025, the Clubs separately submitted their initial observations regarding the alleged breach of Article 10.1 of the CWC Regulations within the extended deadline.

37. On the same day , the Chairperson of the F IFA DC informed the Clubs that, given the urgency of the proceedings, the possible consequences to the Competition, and pursuant to Article 56.3 of the FIFA’s Disciplinary Code (“FD Code”), the case would be referred directly to the FIFA Appeal Committee (“FIFA AC”).

38. On 25 February 2025, FIFA’s Head of Disciplinary invited the Clubs to present their final positions by 7 March 2025. Furthermo

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