F.I.F.A. – Commissione per lo Status dei Calciatori (2011-2012) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2011-2012) – club vs. club disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 26 March 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, B FC, as Claimant against the club, FC A, as Respondent regarding a contractual dispute between the parties and relating to the player E

F.I.F.A. - Commissione per lo Status dei Calciatori (2011-2012) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2011-2012) – club vs. club disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 26 March 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, B FC, as Claimant against the club, FC A, as Respondent regarding a contractual dispute between the parties and relating to the player E I. Facts of the case 1. On 15 July 2011, the club, B FC (hereinafter: the Claimant), and the club, FC A (hereinafter: the Respondent), concluded an agreement (hereinafter: the agreement) related to the transfer of the player E (hereinafter: the player) from the Claimant to the Respondent for an amount of EUR 130,000 net payable as follows: - EUR 40,000 net payable on 10 August 2011; - EUR 40,000 net payable on 15 October 2011; - EUR 50,000 net payable on 25 January 2012. 2. On 12 October 2011, the Claimant lodged a claim with FIFA against the Respondent, in relation with said agreement. In particular, the Claimant, after having amended its claim, held that the Respondent had never paid the 1st and 2nd installment and requested the amount of EUR 80,000. 3. In spite of having been asked by FIFA to do so, the Respondent never responded to the claim lodged against it, although it was informed that, in absence of reply, the competent decision-making body would take a decision 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 (hereinafter: the Single Judge) 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). The present matter was submitted to FIFA on 12 October 2011, thus after 1 July 2008. Therefore, 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 Regulations on the Status and Transfer of Players was applicable as to the substance of the matter. In this respect, he referred, on the one hand, to art. 26 par. 1 and 2 of the 2010 edition of the Regulations on the Status and Transfer of Players and, on the other hand, to the fact that the claim was lodged with FIFA on 12 October 2011. In view of this, the Single Judge concluded that the 2010 edition of the FIFA Regulations for the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the case at hand as to the substance (cf. art. 26 par. 1 and 2 of the Regulations). 3. Furthermore, the Single Judge confirmed that, on the basis of art. 3 par. 1 of the Procedural Rules in connection with art. 23 par. 1 and 3 as well as art. 22 lit. f) of the Regulations, he was competent to deal with the present matter since it concerned a dispute between two clubs affiliated to two different associations. 4. His competence and the applicable regulations having been established, and entering into the substance of the matter, the Single Judge started by acknowledging the above-mentioned facts as well as the arguments and the documentation submitted by the parties. 5. In this respect and first of all, the Single Judge established that it was undisputed between the parties that they concluded, on 15 July 2011, an agreement regarding the transfer of the player from the Claimant to the Respondent. Furthermore, the Single Judge noted that the agreement provided for a transfer compensation in the amount of EUR 130,000, to be paid in three instalments as follows: - EUR 40,000 net on 10 August 2011; - EUR 40,000 net on 15 October 2011; - EUR 50,000 net on 25 January 2012. 6. The Single Judge also acknowledged that the Claimant lodged a claim against the Respondent, stating that the latter had not fulfilled its payment obligation with regards to the first and second instalment, due on 10 August 2011 and on 15 October 2011 respectively, and that the Claimant therefore requested payment of the total amount of EUR 80,000. 7. In continuation, the Single Judge noted that the Respondent, in spite of having been invited to do so, did not provide FIFA with his comments pertaining to the present matter. Therefore, the Single Judged deemed that, by doing so, the Respondent renounced to its right to defence and accepted the allegations of the Claimant. 8. As a consequence, 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 documentation on file, in other words upon the documents and allegations provided by the Claimant. 9. Bearing in mind the aforementioned, the Single Judge went on to establish whether there was any payment due by the Respondent to the Claimant, based on the transfer agreement in question. 10. In this respect, the Single Judge recalled the contents of the agreement, i.e. the obligation of the Respondent to pay a transfer fee in the amount of EUR 130,000 in three instalments to the Claimant. Equally, the Single Judge recalled that the Claimant stated that the Respondent had not made payment of the first and second instalment of said transfer compensation for a total amount of EUR 80,000. 11. Taking into account the above-mentioned, the Single Judge concluded that the Respondent had to pay to the Claimant the amount of EUR 80,000, being the first and second instalment, as stipulated in the agreement. 12. In other words, the Single Judge decided to accept the Claimant’s claim, and he established that the Respondent had to pay to the Claimant the total amount of EUR 80,000. 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 proceedings before the Players’ Status Committee including its Single Judge, 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 (cf. art. 18 par. 1 of the Procedural Rules). 14. In respect of the above, and taking into account that the claim of the Claimant has been accepted, the Single Judge concluded that the procedural costs are to be borne by the Respondent. 15. According to Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 16. On that basis, the Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 80,000 related to the claim of the Claimant. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000 (cf. table in Annex A). 17. Considering that the case at hand did not pose particular factual difficulty and that it was adjudicated upon by the Single Judge and not the Players’ Status Committee in corpore, the Single Judge determined the costs of the current proceedings to the amount of CHF 8,000. 18. In this respect, the Single Judge took into account that the Claimant had already paid an advance of costs in the amount of CHF 2,000 in accordance with art. 17 of the Procedural Rules. Therefore, the Single Judge decided that the amount of CHF 2,000 has to be paid by the Respondent directly to the Claimant and that the amount of CHF 6,000 has to be paid by the Respondent directly to FIFA. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, B FC, is accepted. 2. The Respondent, FC A, has to pay to the Claimant, B FC, the amount of EUR 80,000, within 30 days as from the notification of this decision. 3. If the aforementioned sum is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of expiry of the 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 amount of costs of the proceedings in the amount of CHF 8,000 is to be paid by the Respondent, FC A , within 30 days as from the notification of the present decision as follows: 4.1 The amount of CHF 6,000 has to be paid to FIFA to the following bank account with reference to case nr.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 4.2 The amount of CHF 2,000 has to be paid directly to the Claimant, B FC. 5. The Claimant, B FC, is directed to inform the Respondent, FC A, immediately and directly of the account number to which the remittances are to be made and to notify the Single Judge of the Players’ Status Committee of every payment received. Note relating to the motivated decision (legal remedy): According to art. 63 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
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