F.I.F.A. – Commissione per lo Status dei Calciatori (2012-2013) – controversie agenti di calciatori – ———- F.I.F.A. – Players’ Status Committee (2012-2013) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 19 September 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players Agent X, Country S as “Claimant” against the club Club F, from country L as “Respondent” regarding a claim for commission.

F.I.F.A. - Commissione per lo Status dei Calciatori (2012-2013) – controversie agenti di calciatori – ---------- F.I.F.A. - Players' Status Committee (2012-2013) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 19 September 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players Agent X, Country S as “Claimant” against the club Club F, from country L as “Respondent” regarding a claim for commission. I. Facts of the case 1. On 26 June 2006, the players’ agent licensed by Football Federation coutry S players agent X (hereinafter: the Claimant) and the Football Club F from country L (hereinafter: the Respondent) concluded an agreement entitled “Contract for agency” (hereinafter: the agreement), regarding the transfer of the player V (hereinafter: the player), by means of which the Claimant was entitled to receive from the Respondent as “a price for the mediation“ the amount of EUR 60,000 in two instalments as follows: EUR 30,000 until 15 July 2007 and EUR 30,000 until 15 July 2008. 2. By means of various correspondence, the first one dated 9 September 2008, the Claimant lodged a claim with FIFA and requested from the Respondent the payment of EUR 30,000, corresponding to the second instalment due in a ccordance with the agreement, plus interest, arguing that he had never received the amount in question. In addition, the Claimant requested the reimbursment of the legal fees incurred and allegedly corresponding to EUR 1,005.40. 3. In spite of having been asked to do so, the Respondent never responded to the claim lodged against it, although it was informed by FIFA that, in absence of a reply, a decision would have been taken on the basis of the information and evidence at disposal. II. Considerations of the Single Judge of the Players’ Status Committee 1. First of all, the Single Judge of the Players’ Status Committee analysed which procedural rules are applicable to the matter at hand. In this respect, he referred to art. 21 par. 2 and 3 of the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008). Therefore and considering that the present claim was received by FIFA on 10 September 2008, the Single Judge concluded that the 2008 edition of the Procedural Rules (hereinafter: the Procedural Rules) is applicable to the matter at hand. 2. Subsequently, the Single Judge analysed which edition of the FIFA Players’ Agent Regulations should be applicable. In this respect, he confirmed that in accordance with art. 39 par. 1 and 4 of the 2008 edition of the Players’ Agents Regulations, and considering that the claim was received by FIFA on 10 September 2008, the current edition of the Players’ Agents Regulations (edition 2008; hereinafter: the Regulations) is applicable to the matter at hand. 3. With regard to his competence, the Single Judge pointed out that in accordance with the provisions set out by the Regulations, FIFA has jurisdiction on matters relating to licensed players’ agents, i.e. on those individuals who hold a valid players’ agent licence issued by the relevant member Association. 4. The Single Judge continued his deliberations by indicating that the present matter concerns a dispute between a players’ agent licensed by the Football Federation of country S and a club from country L, regarding an allegedly outstanding commission. 5. As a consequence, the Single Judge is the competent body to decide on the present matter which has an international dimension (cf. art. 30 par. 2 of the Regulations). 6. His competence and the applicable regulations having been established, the Single Judge entered into the substance of the matter. In doing so and first of all, the Single Judge observed that the Respondent had not submitted any comments in response to the claim lodged against it by the Claimant despite having been asked to do so by FIFA. Therefore, the Single Judge concluded that, in this way, the Respondent had renounced to its right of defence and, thus, it had to be assumed that it had accepted the allegations of the Claimant. 7. Hence and bearing in mind the aforementioned, the Single Judge referred to art. 9 par. 3 of the Procedural Rules and pointed out that in the present matter a decision shall be taken upon the basis of the documents on file, in other words upon the allegations and documents provided by the Claimant. 8. In this respect, the Single Judge acknowledged that, on 26 June 2006, the Claimant and the Respondent had concluded a representation agreement in connection with the transfer of the player V (hereinafter: the player) according to which the Claimant was entitled to receive from the Respondent, as commission, EUR 60,000 as follows: EUR 30,000 until 15 July 2007 and EUR 30,000 until 15 July 2008. 9. In continuation, the Single Judge observed that, in his claim to FIFA, the Claimant had requested the payment of the second instalment of his commission as stipulated in the agreement, arguing that the relevant amount had not yet been paid by the Respondent. As to that, the Single Judge further recalled that said allegations of the Claimant had not been contested by the Respondent. 10. Bearing in mind the foregoing and in accordance with the basic legal principle of pacta sunt servanda, which in essence means that agreements must be respected by the parties in good faith, the Single Judge ruled that, based on the agreement concluded between the parties, the Respondent must pay the Claimant the amount of EUR 30,000, corresponding to the second instalments due to him as commission in accordance with the agreement, plus 5% interest per year on the said amount as of 9 September 2008. 11. Finally and with regard to the Claimant’s request in connection with the reimbursement of the amount of EUR 1,005.4, apparently corresponding to the legal costs allegedly incurred, the Single Judge recalled the provisions of art. 18 par. 4 of the Procedural Rules, which clearly stipulate that “No procedural compensation is awarded in proceedings of the Players’ Status Committee and the DRC”. Therefore, the Single Judge decided that the Claimant’s claim regarding legal expenses has to be rejected. 12. As a consequence of all the above, the Single Judge concluded his deliberations on the present dispute by deciding that the Claimant’s claim is partially accepted, and therefore the Respondent must pay to the Claimant the amount of EUR 30,000, as well as 5% interest per year on the said amount as from 9 September 2008. 13. Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the Players’ Status Committee and the Single Judge, costs in the maximum amount of CHF 25,000 are levied. The costs are to be borne in consideration of the parties’ degree of success in the proceedings and are normally to be paid by the unsuccessful party. 14. In this respect, the Single Judge reiterated that the claim of the Claimant is partially accepted, although just on one minor aspect, and that the Respondent is the party at fault. Therefore, the Single Judge decided that the Respondent has to bear the entire costs of the current proceedings in front of FIFA. 15. Furthermore and according to Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. Consequently and taking into account that the total amount at dispute in the present matter is lower than CHF 50,000, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000. 16. In conclusion, and considering that the case at hand was adjudicated by the Single Judge and not by the Players’ Status Committee in corpore and that the present case did not show particular factual difficulties or specific legal complexities, the Single Judge determined the costs of the current proceedings to the amount of CHF 3,000. 17. Consequently, the amount of CHF 3,000 has to be paid by the Respondent to cover the costs of the present proceedings. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Players agent X, is partially accepted. 2. The Respondent, club F, has to pay to the Claimant, Players agent X, the amount of EUR 30,000, as well as 5% interest per year on the said amount as from 9 September 2008 until the date of effective payment, within 30 days as from the date of notification of this decision. 3. If the aforementioned sum, plus interest, is not paid within the aforementioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further claims lodged by the Claimant, Players agent X, are rejected. 5. The final costs of the proceedings in the amount of CHF 3,000 are to be paid by the Respondent, club F, within 30 days as from the date of notification of the present decision as follows: with reference to case nr. xxxxxxxxxx 5.1. The amount of CHF 2,000 has to be paid to FIFA to the following UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5.2 The amount of CHF 1,000 has to be paid to the Claimant, Players agent X. 6. The Claimant, Players agent X, is directed to inform the Respondent, club F, immediately and directly of the account number to which the remittances under points 2. and 5.2. above are to be made and to notify the Players’ Status Committee of every payment received. ** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Single Judge of the Players’ Status Committee Jérôme Valcke Secretary General Encl. CAS directives