The FIFA Appeal Committee, chaired by Larry Mussenden, has concluded that the appeal lodged by the chairman of the investigatory chamber, Michael J. Garcia, against the statement of the chairman of the adjudicatory chamber of the independent Ethics Committee, Hans-Joachim Eckert, is not admissible. The said statement about the report on the inquiry into the 2018/2022 FIFA World Cup™ Bidding Process does not constitute a decision [according to art. 30, art. 73 as well as art. 78-80 of the FIFA Code of Ethics (FCE)], and as such is neither legally binding nor appealable.
Further, the FIFA Appeal Committee reiterated that the FCE is designed to sanction individuals in cases in which the code has been violated. The said statement is not addressed to one or several specific individual(s) and as such does not contain any sanctions in accordance with art. 30 of the FCE.
The FIFA Appeal Committee also noted that the inquiry into the 2018/2022 World Cup™ Bidding Process by the investigatory chamber does not constitute a final report (in accordance with art. 68 of the FCE). The report neither cites any rule violations of an accused person, nor does it contain any kind of recommendation to the adjudicatory chamber for sanctioning an accused person.
As long as the adjudicatory chamber does not receive a final report from the investigatory chamber pursuant to art. 68 of the FCE directed against an accused person, mentioning the possible rule violation and containing a recommendation for taking appropriate sanctions, there is no room and competence for the adjudicatory chamber to exercise the adjudicatory powers that the FCE provides it with.
More information can be found in the background paper, which is available by clicking the link on the right hand side.