CAS decision on the Bulgarian Chess Federation vs. FIDE case – ARTICLES 13.5 AND 13.6 OF FIDE STATUTES ANNULLED

Court of Arbitration for Sport (CAS) in Lausanne has made the final decision on the Bulgarian Chess Federation vs. FIDE case. Namely, partial decision to dismiss first part of the lawsuit (the requested annulment of the contract with AGON) was reached on 19 December 2012.

However, in the final decision the request of Bulgarian Chess Federation was completely accepted, leading to the annulment of the FIDE General Assembly in Istanbul decision and articles 13.5 and 13.6 of FIDE Statutes. These articles, related to court jurisdiction, were aimed at depriving national federations, in an undemocratic manner and by means of requesting high bank guarantees to start cases against FIDE, of their right to take FIDE to court.

It should be stressed that at the FIDE General Assembly President of Bulgarian Chess Federation and European Chess Union Silvio Danailov called into question the legality of articles 13.5 and 13.6. In the discussion on the matter, Danailov emphasized that it is a democratic right of every national federation to file a lawsuit against FIDE if they believe that their rights have been violated by some unlawful decision. On the other hand, the respectable lawyers who on behalf of FIDE interpreted the Statutes, as well as many other jurists, considered the proposed solutions as legally possible. It is interesting to say that only 6 out of over 140 delegates at the FIDE General Assembly raised questions about these provisions.

During the trial, Bulgarian Chess Federation legal representatives challenged the lawfulness of FIDE Statutes and the transparency regarding their adoption. The court has completely accepted their arguments.

 

The original text of the CAS decision could be downloaded from here: CAS BCF vs FIDE 8.4.2013. PDF

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