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 theSingle Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 5 June 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club D, from country P, as Claimant against the club, Club A, from country I, as Respondent regarding a contractual dispute between the parties relating to the player

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 theSingle Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 5 June 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club D, from country P, as Claimant against the club, Club A, from country I, as Respondent regarding a contractual dispute between the parties relating to the player I. Facts of the case 1. On 7 August 2012, the Club D, from country P (hereinafter: “Claimant”), and the Club A, from country I (hereinafter: “Respondent”), entered into a contract (hereinafter: “transfer contract”) for the definitive transfer of the player N (hereinafter: “the player”) from the Claimant to the Respondent. 2. Annex B of the transfer contract stipulates that “if the footballer is transferred in the future, [Respondent] also undertakes to pay [Claimant] 30% of the amount received (at the same time the club acquiring the player receives payment)”. 3. On 30 January 2013, the Respondent and the Club Z, from country R (hereinafter, “Club Z”), concluded an agreement for the transfer of the player from the Respondent to Club Z (hereinafter: “Respondent-club Z agreement”) for the amount of EUR 5,850,000 plus a contingency payment of EUR 500,000 payable if Club Z qualifies for the 2013/2014 Champions League group stage. The Claimant presented a copy of the Respondent-Club Z agreement and indicated that, according to art. 2 par. 4 of the Respondent-Club Z agreement, “Club Z shall pay the Transfer Fee as follows: 2.4.1 EUR 4,350,000 (four million three hundred fifty thousand euros) shall be paid on or before 08 February 2013; 2.4.2 EUR 1,500,000 (one million five hundred thousand euros) shall be paid on or before 15 October 2013”. 4. On 15 March 2013, the Claimant lodged a complaint against the Respondent before FIFA’s decision-making bodies requesting the payment of EUR 1,305,000 plus a 5% p.a. interest rate from the date of the payment date or, alternatively, the payment of 30% of any other amount paid by Club Z to Respondent for the transfer of the player, plus a 5% p.a. interest rate, as well as in any case the payment of the legal costs. 5. In particular, the Claimant alleged it is entitled to receive 30% of the first instalment of the transfer fee paid by Club Z, but that the EUR 1,305,000 had not been paid yet despite the Respondent supposedly having received the first instalment of Club Z, the personal meeting of the representatives of both clubs and the correspondence sent to that purpose. 6. In reply to the claim, on 3 May 2013, the Respondent informed FIFA that the parties were negotiating a possible amicable settlement as well as requested a deadline extension. 7. On 7 May 2013, FIFA granted an extension of the deadline in light of the alleged on-going negotiations. 8. On 8 May 2013, the Claimant contacted FIFA and denied there were on-going negotiations as well as requested to proceed for the resolution of the present dispute. 9. On 22 May 2013, the Respondent requested a second deadline extension since “the two clubs are still currently negotiating a possible amicable settlement of the present matter”. 10. FIFA was not informed that an amicable settlement had been reached. ***** 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 2012, hereinafter: the Procedural Rules). The present matter was submitted to FIFA on 15 March 2013, thus after 1 December 2012. Therefore, the Single Judge concluded that the 2012 edition of 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 Regulations on the Status and Transfer of Players (edition 2012) and, on the other hand, to the fact that the claim was lodged with FIFA on 15 March 2013. In view of the foregoing, the Single Judge concluded that the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the case at hand as to the substance. 3. Furthermore, the Single Judge confirmed that, on the basis of art. 3 par. 1 and 2 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 as a preliminary remark, the Single Judge was eager to point out that, despite having been asked by FIFA to provide its response to the claim, the Respondent failed to reply as to the substance of the matter. The Single Judge wished to emphasise that although the Respondent had informed FIFA that it was in on-going negotiations with the Claimant to settle the matter amicably, such statement was not accompanied by any documentary evidence and, above all, vehemently rejected by the Claimant, which contested that any such negotiations were on-going. In this context, the Single Judge referred to art. 9 par. 3 of the Procedural Rules which provides, inter alia, that “If no statement or reply is received before the time limit expires, a decision shall be taken upon the basis of the documents already on file” and held that the decision in the present matter would be based on the documents provided by the Claimant as well as on the basis of the documentation contained in the Transfer Matching System (TMS), if necessary. 6. Having stated the aforementioned, the Singe Judge reverted to the content of the transfer agreement concluded between the Claimant and the Respondent on 7 August 2012 and, in particular, to the content of Annex B of the transfer contract which entitled the Claimant to “30% of the amount received (at the same time the club acquiring the player receives payment)” in the event of a future transfer of the player. 7. The Single Judge then turned his attention to the information contained in the TMS as well as to the Respondent-Club Z agreement and, in particular, to its clause 2.4, by means of which said parties agreed upon a transfer fee payable in two instalments, the first instalment of EUR 4,350,000 falling due on 8 February 2013 and the second instalment of EUR 1,500,000 falling due on 15 October 2013. 8. Furthermore, the Single Judge noted that the Claimant, in its claim to FIFA, had stated that although the transfer of the player from Respondent to Club Z had taken place, the Respondent had failed to proceed with the payment of the 30% of the first instalment of the transfer fee paid by Club Z, which fell due on 8 February 2013, as agreed upon in the transfer contract. 9. In view of the above, the Single Judge ruled that the Respondent had committed a breach of the transfer contract by not proceeding to the payment of 30% of the first instalment to the Claimant in accordance with Annex B of said contract. Thus, and recalling the legal principle of pacta sunt servanda, which in essence means that agreements must be respected by the parties in good faith, the Single Judge concluded that the Respondent is liable to pay the amount of EUR 1,305,000 to the Claimant on the basis of the transfer contract concluded between the parties. Equally, the Single Judge decided that the Respondent has to pay 5% default interest on the amount of EUR 1,305,000 as from 9 February 2013 until the date of effective payment. 10. As to the Claimant’s request for procedural compensation, the Single Judge decided to reject such request in accordance with art. 18 par. 4 of the Procedural Rules. 11. 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). 12. In respect of the above and taking into account that the claim of the Claimant has been partially accepted, as well as the fact that the Respondent did not respond to the substance of the claim, the Single Judge concluded that the Respondent has 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 Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 1,305,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 13. In conclusion, and in view of the circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of CHF 20,000. Consequently, the Single Judge of the Players’ Status Committee decided that the amount of CHF 20,000 has to be paid by the Respondent in order to cover the costs of the present procedure. ***** III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Club D, is partially accepted. 2. The Respondent, Club A, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 1,305,000, plus 5% interest p.a. on said amount as of 9 February 2013 until the date of effective payment. 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 claim lodged by the Claimant is rejected. 5. The final amount of costs of the proceedings in the amount of CHF 20,000 is to be paid by the Respondent, within 30 days as from the date of notification of the present decision as follows: 5.1 The amount of CHF 15,000 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 5.2 The amount of CHF 5,000 has to be paid directly to the Claimant. 6. The Claimant is directed to inform the Respondent 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: Markus Kattner Deputy Secretary General Encl. CAS directives