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 thePlayers’ Status Committee passed in Zurich, Switzerland, on 18 March 2013, in the following composition: Theo Zwanziger (Germany), Chairman Chuck Blazer (USA), Deputy Chairman Geoff Thompson (England), member Tai Nicholas (New Zealand), member Saeed Al Masri (Syria), member Semetey Sultanov (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cisse (Senegal), member Luis H. Bedoya (Colombia), member Decio De María (Mexico), member on the claim presented by the Players’ Agent Players’ Agent V, from country S as “Claimant” against the club Club V, from country R as “Respondent” regarding a contractual dispute between the parties

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 thePlayers’ Status Committee passed in Zurich, Switzerland, on 18 March 2013, in the following composition: Theo Zwanziger (Germany), Chairman Chuck Blazer (USA), Deputy Chairman Geoff Thompson (England), member Tai Nicholas (New Zealand), member Saeed Al Masri (Syria), member Semetey Sultanov (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cisse (Senegal), member Luis H. Bedoya (Colombia), member Decio De María (Mexico), member on the claim presented by the Players’ Agent Players’ Agent V, from country S as “Claimant” against the club Club V, from country R as “Respondent” regarding a contractual dispute between the parties. I. Facts of the case 1. On 6 February 2012, Club V, from country R (hereinafter: the Respondent) and the players’ agent V (hereinafter: the Claimant) licensed by the Football Association of country S concluded an “Agent Agreement” (hereinafter: the agreement) in relation to the transfer of Player P, from country M (hereinafter: the player), under the terms of which the Claimant was entitled to receive from the Respondent a commission amounting to EUR 20,000 payable “until 10 of February 2012”. 2. On 16 June 2012, the Claimant lodged a claim with FIFA against the Respondent arguing that the latter had not paid him the total amount of EUR 20,000. 3. Consequently, the Claimant requested FIFA to condemn the club to pay him the sum of EUR 20,000. 4. Although the Respondent was invited to provide its position in response to the claim, it did not submit, up until the day on which the decision was taken, any comments in the matter at hand. 5. Based on the information and documents available on the Transfer Matching System (TMS), the player signed his employment contract with the Respondent on or around 1 February 2012 and was registered with the Respondent on 9 February 2012. II. Considerations of the Players’ Status Committee 1. First of all, the Players’ Status Committee analysed which procedural rules are applicable to the matter in hand. In this respect, the Players’ Status Committee 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 2012). In view of the fact that the present matter was submitted to FIFA on 16 June 2012, the Players’ Status Committee concluded that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the present matter. 2. Subsequently, the Players’ Status Committee analysed which edition of the FIFA Players’ Agent Regulations should be applicable. In this respect, the Players’ Status Committee confirmed that in accordance with art. 39 par. 1 and 4 of the 2008 edition of the Players’ Agents Regulations, and considering that the present claim was lodged on 16 June 2012, the current edition of the Players’ Agents Regulations (edition 2008; hereinafter: the Regulations) is applicable to the matter in hand. 3. With regard to its competence, the Players’ Status Committee 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 Players’ Status Committee continued its deliberations by indicating that the present matter concerned a dispute between a players’ agent licensed by the Football Association of country S and a country R club, regarding an alleged outstanding commission. 5. As a consequence, the Players’ Status Committee is the competent body to decide on the present matter which has an international dimension (cf. art. 30 par. 2 of the Regulations). 6. Its competence and the applicable regulations having been established, and entering into the substance of the present matter, the Players’ Status Committee started by acknowledging the established facts of the case as well as the documents contained in the file. In this respect, the Players’ Status Committee noted that, on 6 February 2012, the Claimant and the Respondent had concluded an agreement in relation to the transfer of the player P to the Respondent according to which the latter agreed to pay to the Claimant a commission amounting to EUR 20,000. 7. In continuation, the Players’ Status Committee also remarked that the Respondent had not submitted any comments in response to the claim lodged against it by the Claimant. Consequently, the Players’ Status Committee deemed that, by acting in this way, the Respondent had renounced to its right of defence and it had therefore to be assumed that the Respondent had accepted the allegations of the Claimant. 8. 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 Players’ Status Committee held that the Claimant is entitled to receive from the Respondent the amount of EUR 20,000 as commission pursuant to the agreement. 9. In view of all the above, the Players’ Status Committee concluded that the Claimant’s claim against the Respondent is accepted and that the Respondent has to pay to the Claimant an amount of EUR 20,000 as outstanding commission on the basis of the agreement concluded between the parties on 6 February 2012 in relation to the transfer of the player P to the Respondent. 10. Lastly, the Players’ Status Committee referred to art. 25 par. 2 of the Regulations for the Status and Transfer of Players in combination with art. 18 par. 1 of the Procedural Rules, according to which, in the proceedings before the Players’ Status Committee costs in the maximum amount of currency of country H 25,000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings. 11. On account of the above and considering that the claim of the Claimant has been fully accepted, the Players’ Status Committee concluded that the Respondent has to bear the entire costs of the current proceedings before FIFA. 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. On that basis, the Players’ Status Committee held that the amount to be taken into consideration in the present proceedings is EUR 20,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 5,000. 12. In conclusion, and in view of the circumstances of the present matter, the Players’ Status determined the costs of the current proceedings to the amount of currency of country H 5,000. Consequently, the Players’ Status Committee decided that the amount of currency of country H 5,000 has to be paid by the Respondent in order to cover the costs of the present proceedings. III. Decision of the Players’ Status Committee 1. The claim of the Claimant, Players’ Agent V, is accepted. 2. The Respondent, Club V, has to pay to the Claimant, Players’ Agent V, the amount of EUR 20,000 within 30 days as from the date of notification of this decision. 3. If the aforementioned amount is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of the expiry of the fixed time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The final costs of the proceedings in the amount of currency of country H 5,000 are to be paid by the Respondent, Club V, within 30 days as from the date of notification of the present decision as follows: 4.1 The amount of currency of country H 4,000 has to be paid to FIFA to the following bank account with reference to case nr.: 4.2 The amount of currency of country H 1,000 has to be paid directly to the Claimant, Players’ Agent V. 5. The Claimant, Players’ Agent V, is directed to inform the Respondent, Club V, immediately and directly of the account number to which the remittance under points 2 and 4.2 above is 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 Players’ Status Committee Jérôme Valcke Secretary General Encl. CAS directives