F.I.F.A. – Commissione per lo Status dei Calciatori (2012-2013) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2012-2013) – 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 15 August 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, P, as Claimant against the club, F, as Respondent regarding a contractual dispute between the parties and relating to the player C

F.I.F.A. - Commissione per lo Status dei Calciatori (2012-2013) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2012-2013) – 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 15 August 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, P, as Claimant against the club, F, as Respondent regarding a contractual dispute between the parties and relating to the player C I. Facts of the case 1. On 29 June 2010, the country R club, P (hereinafter: the Claimant), and the country T club, F (hereinafter: the Respondent), concluded an agreement (hereinafter: the agreement) related to the transfer of the player C (hereinafter: the player) from club P to club F for a net amount of EUR 3,000,000 payable as follows: - EUR 500,000 net payable by 10 July 2010; - EUR 500,000 net payable by 10 January 2011; - EUR 750,000 net payable by 10 July 2011; - EUR 750,000 net payable by 10 January 2012; - EUR 500,000 net payable by 10 July 2012. 2. Article 2.4 of the agreement read as follows: “The payments (…) are to be paid NET, i.e. free of any withholding taxes, levies and banking costs. Each party shall be responsible for its own taxes, levies and costs in connection with this Agreement”. 3. Article 4.2 of the agreement provided that “should club P not receive any payment under this Agreement , club F is obliged to pay to club P the interest charged at the rate of 0,1% per day for the period of the delay from the date that the payment was due through the date on which club P receives the payment”. 4. On 25 July 2011, the Claimant lodged a claim with FIFA against the Respondent in relation with said agreement, and after having amended its claim several times, on 9 April 2012, it claimed the outstanding fourth and fifth installment for a total amount of EUR 1,250,000 plus interest in the amount of EUR 266,036.08, calculated according to article 4.2. of the Agreement (cf. table below). Equally, the Claimant claimed the amount of EUR 497 as “banking commission, deducted by the club F from the payment transferred, although it was agreed that all the payments are to be paid NET, i.e. free of any banking costs (Article 2.4. of the Agreement)”. Finally, the Claimant requested the amount of CHF 5,000, paid as advance of costs in relation to the present proceedings. Date of Actual Period Actual Due Int. per Interest Amount payment payment of amount amount day per day of under date delay paid (EUR) (%) (EUR) interest Agreement (days) (EUR) 10.01.2011 09.03.2011 58 99,920 500,000 0,10% 500 29,000 10.01.2011 14.04.2011 94 99,900 400,080 0,10% 400,08 37,607.52 10.01.2011 11.05.2011 121 100,000 300,180 0,10% 300,18 36,321.78 10.01.2011 29.07.2011 200 199,828 200,180 0,10% 200,18 40,036 10.07.2011 22.09.2011 74 749,855 750,352 0,10% 750,352 55,526.05 10.01.2012 09.04.2012 90 - 750,497 0,10% 750,497 67,544.73 Total Interest (EUR) 266,036.08 5. In its response to the claim, the Respondent informed FIFA that it had made the following payments: - EUR 100,000 on 7 March 2011 (first payment of the 2nd installment); - EUR 100,000 on 14 April 2011 (second payment of the 2nd installment); - EUR 100,000 on 11 May 2011 (third payment of the 2nd installment); - EUR 200,000 on 29 July 2011 (fourth payment of the 2nd installment); - EUR 750,000 on 22 September 2011 (3rd installment). 6. By means of its subsequent correspondence, the Claimant held that although the Respondent was alleging financial difficulties, during the last registration period it had signed several top-players. Therefore, the Claimant maintained its claim requesting payment of all the installments as established in the agreement. 7. In spite of having been invited to do so, the Respondent did not provide FIFA with its final position to the claim. 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 25 July 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 25 July 2011. In view of this, the Single Judge concluded that the 2010 edition of the FIFA Regulations on 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 29 June 2010, 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 3,000,000, to be paid as follows: - EUR 500,000 net payable by 10 July 2010; - EUR 500,000 net payable by 10 January 2011; - EUR 750,000 net payable by 10 July 2011; - EUR 750,000 net payable by 10 January 2012; - EUR 500,000 net payable by 10 July 2012. 6. Equally, the Single Judge further noted that according to article 2.4 of the agreement, the amounts were to be paid net, i.e. free of any withholding taxes, levies and banking costs. 7. Moreover, the Single Judge took into account that according to article 4.2. of the agreement, the Claimant would have been entitled to interest at a rate of 0,1% per day from the day the payment was due until its effective payment, had the Respondent not made the payments on time. 8. The Single Judge further recalled that the Claimant lodged a claim against the Respondent, stating that the latter had not fulfilled its payment obligation, initially, with regards to part of the second instalment as well as of the whole amount of the third instalment, due on 10 January 2011 and 10 July 2011 respectively, and subsequently, with regards to the fourth and fifth instalment. However, the Single Judge took note that the Claimant, during the course of the investigation phase of the present matter, acknowledged having received the entire second instalment, payable on 10 January 2011, as well as the third instalment, payable on 10 July 2011, and that it therefore, amended its claim on 9 April 2012 requesting payment of the outstanding amount of EUR 1,250,000, i.e. the fourth and fifth instalment, plus interest at a rate of 0,1% per day, for a total amount of EUR 266,036.08, to be applied for all payments and instalments (cf. table I.4. above), as well as EUR 497 as banking commission and CHF 5,000 as reimbursement of the costs of the proceedings. 9. The Single Judge went on to consider the Respondent’s submission in this respect. By doing so, he took due note that the Respondent informed FIFA that it had made several payments. In particular, it provided proof of payment of the second and third installment, but failed to provide FIFA with its final comments, 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. 10. Bearing in mind the aforementioned, the Single Judge went on to establish whether there was still any outstanding payment due by the Respondent to the Claimant, based on the transfer agreement in question. 11. 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 3,000,000 in five instalments to the Claimant. Equally, the Single Judge recalled that the Claimant stated that the Respondent had finally not made payment of the fourth and fifth instalment of said transfer compensation for a total amount of EUR 1,250,000, which was not contested by the Respondent. 12. Taking into account the above-mentioned, the Single Judge concluded that the Respondent had to pay to the Claimant the outstanding amount of EUR 1,250,000, being the fourth and fifth instalment of EUR 750,000 and EUR 500,000, due on 10 January 2012 and 10 July 2012 respectively, as stipulated in the agreement. 13. Turning his attention to the Claimant’s claim in relation to the interest, the Single Judge recalled that according to art 4.2. of the transfer agreement concluded between the parties, the Respondent shall pay interest at the rate of 0,1% per day to the Claimant, for each day of delay from the date that the payment was due until the date of effective payment. 14. In this respect, even though art. 4.2. of the agreement established an interest rate of 0,1% per day on the amounts due, the Single Judge decided that said interest rate was clearly excessive and therefore he decided that, as an alternative and in accordance with the longstanding practice of the Players’ Status Committee, the Respondent has to pay 5% default interest as from the first day after the respective due dates of each installments until the date of payment. 15. In other words, the Single Judge decided to partially accept the Claimant’s claim, and established that the Respondent had to pay to the Claimant the total amount of EUR 1,250,000 plus 5% interest p.a. as follows: - 5% p.a. as of 11 January 2011 until 7 March 2011, over the amount of EUR 500,000; - 5% p.a. as of 8 March 2011 until 14 April 2011, over the amount of EUR 400,080; - 5% p.a. as of 15 April 2011 until 11 May 2011, over the amount of EUR 300,180; - 5% p.a. as of 12 May 2011 until 29 July 2011, over the amount of EUR 200,180; - 5% p.a. as of 11 January 2012 until 9 April 2012, over the amount of EUR 750,000. 16. Finally, as to the Claimant’s request for the banking commission in the amount of EUR 497 (cf. point I.4 and II.8 above), the Single Judge recalled article 2.4 of the agreement. 17. In this respect, the Single Judge went on to analyse the wording of said provision. In particular, the Single Judge noted on the one hand that according to said article “The payments (…) are to be paid NET, i.e. free of any withholding taxes, levies and banking costs. Each party shall be responsible for its own taxes, levies and costs in connection with this Agreement”, and, on the other hand, that according to the documentation submitted by the Claimant, the total amount of EUR 497, was not transferred to the Claimant and thus retained when transferring the money. 18. Consequently, the amount of EUR 497 is due by the Respondent to the Claimant in accordance with art. 2.4. of the transfer agreement concluded between the parties. 19. Additionally, with regards to the claim for interest on said amount, the Single Judge, in line with the considerations made above, decided to award default interest at a rate of 5% per year over the amount of EUR 497 as follows: - 5% p.a. as of 30 July 2011 until 9 April 2012 over the amount of EUR 352; - 5% p.a. as of 23 September 2011 until 9 April 2012 over the amount of EUR 145. 20. 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). 21. In respect of the above, and taking into account that the claim of the Claimant has been partially accepted, the Single Judge concluded that the procedural costs are to be divided between the Claimant and the Respondent in accordance with the relevant degree of success. 22. 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. 23. On that basis, the Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 1,250,497 related to the claim of the Claimant. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000 (cf. table in Annex A.) 24. 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. The Single Judge decided that thereof, the Claimant has to pay the amount of CHF 3,000 and that the Respondent has to pay the amount of CHF 5,000. 25. In this respect, the Single Judge took into account that the Claimant had already paid an advance of costs in the amount of CHF 5,000 in accordance with art. 17 of the Procedural Rules and that therefore, the Claimant is exempted from paying the above-mentioned costs of the proceedings. 26. Furthermore, the Single Judge established that the amount of CHF 2,000 has to be paid by the Respondent directly to the Claimant and that the amount of CHF 3,000 has to be paid by the Respondent directly to FIFA. 27. Overall, and taking into account all of the above, the Single Judge decided that the claim of the Claimant was partially accepted and that any further claims of the Claimant are rejected. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, club P, is partially accepted. 2. The Respondent, club F, has to pay to the Claimant, club P, within 30 days as from the date of notification of this decision the amount of EUR 1,250,000 plus interest at 5% p.a. over the following amounts: - 5% p.a. as of 11 January 2011 until 7 March 2011, over the amount of EUR 500,000; - 5% p.a. as of 8 March 2011 until 14 April 2011, over the amount of EUR 400,080; - 5% p.a. as of 15 April 2011 until 11 May 2011, over the amount of EUR 300,180; - 5% p.a. as of 12 May 2011 until 29 July 2011, over the amount of EUR 200,180; - 5% p.a. as of 11 January 2012 until 9 April 2012, over the amount of EUR 750,000. 3. The Respondent, club F, has to pay to the Claimant, club P, within 30 days as from the date of notification of this decision the amount of EUR 497 plus interest at 5% p.a. as follows: - 5% p.a. as of 30 July 2011 until 9 April 2012 over the amount of EUR 352; - 5% p.a. as of 23 September 2011 until 9 April 2012 over the amount of EUR 145. 4. 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. 5. Any further claims lodged by the Claimant, club P, are rejected. 6. The final amount of costs of the proceedings, amounting to CHF 8,000, is to be paid within 30 days as from the date of notification of the present decision as follows: 6.1 CHF 3,000 by the Respondent, club F, to FIFA to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6.2 CHF 2,000 by the Respondent, club F, to the Claimant, club P. 6.3 CHF 3,000 by the Claimant, club P, to FIFA. Given that the Claimant, club P, has already paid the amount of CHF 5,000 as advance of costs at the start of the present proceedings, the Claimant, club P, is exempted from paying the abovementioned costs of the proceedings. 7. The Claimant, club P, is directed to inform the Respondent, club F, 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. 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
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