Moroccan club RS Berkane has welcomed the decision of the Court of Arbitration for Sport (CAS) confirming the Moroccan club’s victory over USM Alger in the semi-finals of the 2023-2024 CAF Cup.
In a statement on Wednesday, the club said it had received the CAS decision, which rejected USM Algiers’ appeal to annul the results of both legs and impose sanctions on Berkane.
“The ruling upholds RS Berkane’s victory without any penalties, a decision that has been met with great satisfaction by our supporters,” the club said.
The CAS decision effectively ends the dispute, cementing Berkane’s place in the tournament’s final standings.
By its decision, the Court of Arbitration for Sport (CAS) definitively rejected the appeals filed by USM Alger and the Algerian Football Federation (FAF), thus confirming the compliance of the actions of the Royal Moroccan Football Federation (FRMF) and RS Berkane with the regulations in force. By virtue of the principle of the authority of res judicata in arbitration matters, this decision is final and binding on all parties concerned (**CAS 2011/A/2384**, where the principle of finality of arbitration decisions was recalled).
The absence of sanctions against the FRMF and RS Berkane reflects an implicit recognition of scrupulous compliance with the regulations of the Confederation of African Football (CAF) and FIFA. The CAS, in a consistent case law, recalls that disciplinary bodies cannot impose sanctions in the absence of proven violations of the applicable regulations (**CAS 2016/A/4490**).
The CAS also confirmed in *CAS 2015/A/3910* that sporting decisions should not be influenced by political considerations and that the Court cannot be seized to challenge situations of international tension. Consequently, any attempt by the USMA or the FAF to invoke arguments of an extra-sporting nature could not succeed before the Court.
With this decision, the Court of Arbitration for Sport strengthens Morocco’s position within international sporting bodies by confirming that its federal bodies and clubs comply with the regulatory standards imposed by FIFA and CAF. This recognition is in line with a consistent line of case law, where the CAS ensures that the integrity of competitions is preserved and that disciplinary and arbitration decisions are based on objective criteria and not on political or extra-sporting considerations.
