F.I.F.A. – Commissione per lo Status dei Calciatori (2013-2014) – controversie agenti di calciatori – ———- F.I.F.A. – Players’ Status Committee (2013-2014) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Players’ Status Committee passed in Zurich, Switzerland, on 20 November 2013, in the following composition: on the claim presented by the Players’ Agent, Agent M, from country S as “Claimant” against the club, Club T, from country H as “Respondent” regarding a claim for commission relating to the player F.

F.I.F.A. - Commissione per lo Status dei Calciatori (2013-2014) – controversie agenti di calciatori – ---------- F.I.F.A. - Players' Status Committee (2013-2014) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Players’ Status Committee passed in Zurich, Switzerland, on 20 November 2013, in the following composition: on the claim presented by the Players’ Agent, Agent M, from country S as “Claimant” against the club, Club T, from country H as “Respondent” regarding a claim for commission relating to the player F. I. Facts of the case 1. On 12 July 2011, the players’ agent M (hereinafter: the Claimant), licensed by the Football Federation of country S, and the Club T from country H (hereinafter: the Respondent) concluded two agreements (hereinafter: the agreements) in connection with the transfer of the player F from country A (hereinafter: the player) to the Respondent. 2. Under the terms of the first agreement, the Claimant was entitled to receive from the Respondent a commission of EUR 40,000 “net of any taxes”, payable in two instalments as follows: EUR 20,000 on 12 July 2011 and EUR 20,000 on 1 November 2011. 3. According to the second agreement, the Claimant was entitled to receive from the Respondent a commission of EUR 13,000 “net of any taxes”, payable in two instalments as follows: EUR 6,500 on 12 July 2011 and EUR 6,500 on 1 November 2011. 4. On the same day, the player signed an employment contract (hereinafter: the employment contract) with the Respondent for the period from the date of signature until 30 June 2012. 5. On 30 April 2013, the Claimant lodged a claim in front of FIFA against the Respondent and claimed that although he had duly provided his services in connection with the transfer of the abovementioned player, the Respondent had failed to pay him the amount stipulated in the agreements, although he had requested the Respondent several times to proceed with the payment. In support of his allegations, the Claimant provided two letters addressed to the Respondent, dated 10 April 2013 and 22 April 2013, in which he requested the payment. 6. Consequently, the Claimant requested FIFA to condemn the Respondent to pay him the amount of EUR 53,000 (EUR 13,000 + EUR 40,000), “plus the applicable income tax in country S equal to 20%”, as well as interests at the rate of 5% per year as of the due date of the relevant amounts. 7. In spite of having been asked to do so, the Respondent did not provide its response to the Claimant’s claim, although it was informed that, in absence of a reply, a decision would be taken on the basis of the information and evidence at disposal. II. Considerations of the Players’ Status Committee 1. First of all, the Players’ Status Committee analysed which Procedural Rules were 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 30 April 2013, thus after the aforementioned rules entered into force (1 December 2012), the Players’ Status Committee concluded that the 2012 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) was applicable to the matter in hand (cf. art. 21 par. 2 of the Procedural Rules). 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 30 April 2013, 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 Federation of country S and a club T, regarding an alleged outstanding commission. 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). 5. 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 above-mentioned facts of the case as well as the documents contained in the file. In this respect, the Players’ Status Committee noted that, on 12 July 2011, the Claimant and the Respondent had concluded two agreements in relation to the transfer of the player M to the Respondent according to which the latter agreed to pay to the Claimant a commission amounting to EUR 53,000. 6. 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. 7. 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 53,000 as commission pursuant to the agreements. 8. After having established the aforementioned, the Players’ Status Committee went on to deal with the second part of the Claimant’s claim, i.e. his request for payment of the alleged “applicable income tax in country S equal to 20%”. 9. In this respect, the Players’ Status Committee first and foremost noted that according to the agreements concluded between the parties, the Claimant was entitled to EUR 53,000 “net of any taxes” only. Consequently, and while noting that the Claimant had not provided any evidence in support of his allegations, the Players’ Status Committee expressed the view that as a matter of fact, the Claimant had failed to demonstrate that he should also be entitled to the claimed “income tax […] equal to 20%” and therefore decided to reject this part of the claim. 10. Additionally and with respect to the claimed default interest, the Players’ Status Committee recalled that no interest seemed to have contractually been agreed between the parties. Therefore and also taking into account the Claimant’s request in this regard, the Players’ Status Committee decided, in accordance with the well-established jurisprudence of the Players’ Status Committee concerning the payment of interest, that the Claimant should receive from the Respondent an interest rate of 5% per year as from the day after the due date of each instalment due. As a result, the Players’ Status Committee concluded that the Respondent has to pay to the Claimant 5% interest as follows: - on EUR 26,500, from 13 July 2011 until the effective date of payment; - on EUR 26,500, from 2 November 2011 until the effective date of payment. 11. In view of all the above, the Players’ Status Committee concluded that the Claimant’s claim against the Respondent is partially accepted and that the Respondent has to pay to the Claimant a total amount of EUR 53,000 as outstanding commission on the basis of the agreements concluded between the parties on 12 July 2011 in relation to the transfer of the player M to the Respondent, plus interest as established above. 12. The Players’ Status Committee concluded its deliberations by establishing that any further claims lodged by the Claimant are rejected. 13. Finally, 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 proceedings before the Players’ Status Committee costs in the maximum amount of CHF 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 and are normally to be paid by the unsuccessful party. 14. In respect of the above and taking into account that the claim of the Claimant has been partially accepted, the Players’ Status Committee concluded that both parties have to bear the 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 53,000. Consequently, the Players’ Status Committee concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000. 15. In view of the circumstances of the present matter and taking into account that the matter did not pose any particular factual difficulty, the Players’ Status Committee determined the costs of the current proceedings to the amount of CHF 5,000. 16. Consequently and since the claim has been partially accepted, the Players’ Status Committee decided that the amount of CHF 1,000 has to be paid by the Claimant and the amount of CHF 4,000 by the Respondent in order to cover the costs of the proceedings. III. Decision of the Players’ Status Committee 1. The claim of the Claimant, agent M, is partially accepted. 2. The Respondent, Club T, has to pay to the Claimant, agent M, the amount of EUR 53,000, within 30 days as from the date of notification of this decision. 3. Within the same time limit, the Respondent, Club T, has to pay to the Claimant, agent M, default interest at a rate of 5% per year on the following partial amounts, as follows: - On EUR 26,500 from 13 July 2011 until the effective date of payment; - On EUR 26,500 from 2 November 2011 until the effective date of payment. 4. Any further claims lodged by the Claimant, agent M, are rejected. 5. If the aforementioned amount of EUR 53,000, plus interest as established above, 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. 6. The Claimant, agent M, is directed to inform the Respondent, Club T, immediately and directly of the account number to which the remittance under points 2 and 3 above is to be made and to notify the Players’ Status Committee of every payment received. 7. The final costs of the proceedings in the amount of CHF 5,000 are to be paid to FIFA by both parties, within 30 days as from the date of notification of the present decision, as follows: 7.1. The amount of CHF 1,000 has to be paid by the Claimant, agent M. Given that the latter already paid an advance of costs in the amount of CHF 1,000 at the start of the present proceedings, the Claimant, agent M, is exempted from paying the abovementioned costs of the proceedings. 7.2. The amount of CHF 4,000 has to be paid by the Respondent, Club T, to the following bank account with reference to case nr. xxxxxxxxx: ***** 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: Markus Kattner Deputy Secretary General Encl. CAS Directives