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 Players’ Status Committee passed in Zurich, Switzerland, on 25 September 2012 in the following composition: Theo Zwanziger (Germany), Chairman V. Manilal Fernando (Sri Lanka), Deputy Chairman Chuck Blazer (USA), member Geoff Thompson (England), member Tai Nicholas (New Zealand), member Said Al Masri (Syria), member Aibek Alybaev (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cissé (Senegal), member Luis H. Bedoya (Colombia), member Juan Padron Morales (Spain), member Decio De Maria (Mexico), member on the claim presented by the club Club K, from country G as “Claimant” against the club Club L, from country H as “Respondent” regarding a contractual dispute arisen between the parties and relating to the player M

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 Players’ Status Committee passed in Zurich, Switzerland, on 25 September 2012 in the following composition: Theo Zwanziger (Germany), Chairman V. Manilal Fernando (Sri Lanka), Deputy Chairman Chuck Blazer (USA), member Geoff Thompson (England), member Tai Nicholas (New Zealand), member Said Al Masri (Syria), member Aibek Alybaev (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cissé (Senegal), member Luis H. Bedoya (Colombia), member Juan Padron Morales (Spain), member Decio De Maria (Mexico), member on the claim presented by the club Club K, from country G as “Claimant” against the club Club L, from country H as “Respondent” regarding a contractual dispute arisen between the parties and relating to the player M I. Facts of the case 1. On 19 August 2011, Club K, from country G (hereinafter: the Claimant), Club L, from country H (hereinafter: the Respondent) and the player M (hereinafter: the player) signed an agreement (hereinafter: the agreement) regarding the transfer of the player to the Respondent for the amount of EUR 1,052,631.58 (Note: the agreement is on file). 2. The agreement further specified that EUR 52,631.58 “shall be deducted by Club L and distributed as a solidarity contribution to the club(s) involved in the Player’s training and education over the years” and that “The resulting transfer compensation (i.e. € 1,000,000) shall be paid by Club L to Club K as follows: € 500,000 (..) no later than 15 November 2011; € 500,000 (..) no later than 15 May 2012.” 3. By correspondence dated 5 and 26 March 2012, the Claimant lodged a claim with FIFA against the Respondent requesting the payment of EUR 500,000, corresponding to the first instalment due in accordance with the agreement, as well as 5% interest on the relevant amount as of 16 November 2011. In addition, the Claimant requested FIFA to impose the costs of the proceedings on the Respondent. 4. In this respect, the Claimant argued that the amount in question had never been paid by the Respondent although the latter had clearly acknowledged its debt in a correspondence dated 7 December 2012, by means of which the Respondent had apologised “for the delay in payments” and undertaken to “make the first payment for the transfer of Player M (EUR 500,000) - no later than 15th January 2012”. 5. By correspondence dated 5 September 2012, the Claimant amended its claim and specified that it requested from the Respondent the payment of EUR 1,000,000, corresponding to the entire transfer fee in accordance with the agreement, plus default interest. 6. In spite of having been asked to do so, the Respondent never responded to the claim lodged against it nor to its later amendment, although it was informed by FIFA 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 (hereinafter also referred to as: the Committee) 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 5 March 2012, thus after 1 July 2008. Therefore, the Committee concluded that the current edition of the Procedural Rules (edition 2008; hereinafter: the Procedural Rules) is applicable to the matter at hand. 2. Furthermore, the Players’ Status Committee analysed which edition of the Regulations on the Status and Transfer of Players is applicable as to the substance of the matter. In this respect, the Committee 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 present claim was lodged with FIFA on 5 March 2012. In view of the foregoing, the Committee concluded that the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 3. With regard to its competence, the Players’ Status Committee 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 2010 edition of the Regulations on the Status and Transfer of Players it is competent to deal with the matter at stake, which concerns a dispute between two football clubs affiliated to two different associations. 4. At this stage, the Chairman of the Committee, Mr T, pointed out that, taking into consideration that the present matter concerns a dispute involving a club from country G, he deemed appropriate to refrain from participating in the deliberations in the case at hand, due to the fact that he has the same nationality as the Claimant. 5. Its competence and the applicable regulations having been established, the Players’ Status Committee entered into the substance of the matter. In doing so and first of all, the Committee observed that the Respondent had not submitted any comments in response to the claim lodged against it by the Claimant despite having been asked to do so by FIFA. Therefore, the Committee concluded that, in this way, the Respondent had renounced to its right of defence and, thus, it had to be assumed that it had accepted the allegations of the Claimant. 6. Hence and bearing in mind the aforementioned, the Committee 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 documents on file, in other words upon the allegations and documents provided by the Claimant. 7. In this respect, the Committee acknowledged that, on 19 August 2011, the Claimant and the Respondent had concluded an agreement regarding the transfer of the player M (hereinafter: the player) from the Claimant to the Respondent according to which the Claimant was entitled to receive from the Respondent, as transfer fee, the total amount of EUR 1,000,000 payable as follows: EUR 500,000 until 15 November 2011 and EUR 500,000 until 15 May 2012. Furthermore, the Committee observed that, in its claim to FIFA, the Claimant had requested the payment of the entire transfer fee due as per the agreement arguing that the relevant amount had so far not been paid by the Respondent. As to that, the Committee further recalled that said allegations of the Claimant had not been contested by the Respondent. 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 Committee held that, based on the agreement concluded between the parties, the Claimant is entitled to receive from the Respondent EUR 1,000,000, corresponding to the transfer fee due as per the agreement. 9. Additionally and with respect to the claimed default interest, the 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 as well as the payment plan agreed in the agreement, the Committee decided, in accordance with its well-established jurisprudence concerning the payment of interest, that the Claimant should receive from the Respondent an interest rate of 5% per year as of the day after the due date of each instalment due. As a result, the Committee concluded that the Respondent has to pay to the Claimant 5% interest over the amount of EUR 500,000 as of 16 November 2011 and over the amount of EUR 500,000 as of 16 May 2012. 10. On account of all the above, the Committee concluded his deliberations on the present dispute by deciding that the Claimant’s claim is accepted, and the Respondent must pay to the Claimant the amount of EUR 1,000,000 as well as 5% interest per year as follows: - on EUR 500,000, as from 16 November 2011; - on EUR 500,000, as from 16 May 2012. 11. Finally, the Committee referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the Players’ Status Committee and the Single Judge, costs in the maximum amount of currency of country J 25,000 are levied. 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. 12. In this respect, the Committee reiterated that the claim of the Claimant is accepted and that the Respondent is the party at fault. Therefore, the Committee decided that the Respondent has to bear the entire costs of the current proceedings in front of FIFA. 13. 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. Consequently and taking into account that the total amount at dispute in the present matter is over currency of country J 200,001, the Committee concluded that the maximum amount of costs of the proceedings corresponds to currency of country J 25,000. 14. In conclusion, and considering that the case at hand was adjudicated by the Players’ Status Committee in corpore but that it did not show particular factual difficulties or specific legal complexities, the Committee determined the costs of the current proceedings to the amount of currency of country J 15,000. 15. Consequently, the amount of currency of country J 15,000 has to be paid by the Respondent to cover the costs of the present proceedings. III. Decision of the Players’ Status Committee 1. The claim of the Claimant, Club K is accepted. 2. The Respondent, Club L, has to pay to the Claimant, Club K, the amount of EUR 1,000,000, within 30 days as from the date of notification of this decision. 3. Within the same time limit, the Respondent, Club L, has to pay to the Claimant, Club L, default interest of 5% p.a. on the amount stipulated in point 2. above, until the date of effective payment, as follows: - on EUR 500,000, as from 16 November 2011; - on EUR 500,000, as from 16 May 2012. 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. The final costs of the proceedings in the amount of CHF 15,000 are to be paid by the Respondent, Club L, within 30 days as from the date of notification of the present decision as follows: 4.1 The amount of currency of country J 10,000 has to be paid to FIFA to the following bank account with reference to case nr. XX-XXXXX: 4.2 The amount of currency of country J 5,000 has to be paid to the Claimant, Club K. 5. The Claimant, Club K, is directed to inform the Respondent, Club L, immediately and directly of the account number to which the remittances under points 2., 3. and 4.2, above are to be made and to notify the Players’ Status Committee of every payment received. Note relating to the motivated decision (legal remedy): According to article 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