F.I.F.A. – Commissione per lo Status dei Calciatori (2013-2014) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2013-2014) – 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 23 April 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, from country B as Claimant against the club Club C, from country D as Respondent regarding a contractual dispute between the parties relating to the Player E

F.I.F.A. - Commissione per lo Status dei Calciatori (2013-2014) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2013-2014) – 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 23 April 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, from country B as Claimant against the club Club C, from country D as Respondent regarding a contractual dispute between the parties relating to the Player E I. Facts of the case 1. On 7 August 2012, the club from country B, Club A (hereinafter: the Claimant) and the club from country D, Club C (hereinafter: the Respondent) concluded a transfer agreement for the definitive transfer of the player, Player E (hereinafter: the player), from the Claimant to the Respondent. 2. The aforementioned transfer agreement, including its annexes, stipulated, inter alia, that: “Annex A 1 The maximum total amount (as provided for by the FIFA TMS) due from Club C for the transfer is 1,650,000 euros (one million six hundred and fifty thousand/00) which Club C undertakes to pay for the transfer in accordance with the clauses in the following article. This amount includes both the “fixed transfer fee” and the “conditional transfer fee” as in point 2 below. Besides this amount nothing shall be due from Club C for any reason, including any training payment provided for by Art. 20 and annex 4 of the FIFA regulations, the solidarity mechanism and any other charge relating to the transfer, which are understood to be covered by the amount above. 2 Club C shall pay the amount mentioned in Art. 1) of this annex as follows: - € 600,000.00 (six hundred thousand/00) by 31/08/2012 (upon arrival of the ITC) - € 650,000.00 (six hundred and fifty thousand/00) by 31/08/2013 - € 400,000.00 (four hundred thousand/00 which shall be due when the FOOTBALLER players his 1st (first) official match.” 3. On 6 September 2013, the Claimant lodged a claim in front of FIFA against the Respondent for breach of the transfer agreement indicating that the Respondent had not paid the second instalment in the amount of EUR 650,000 which was due on 31 August 2013. In view of the foregoing, the Claimant requested the payment of the amount of EUR 650,000 plus 5% interest as of 31 August 2013 until the date of effective payment as well as “all the proceeding costs incurred in this matter before FIFA”. 4. On 11 March 2014, the Respondent replied to the claim lodged against it and stated that the present matter has already been decided upon by FIFA and the Court of Arbitration for Sport (2013/A/3306, decision 13 December 2013), both of which established that the Respondent violated the transfer agreement. Therefore, the Respondent argued that the present matter is res judicata. Furthermore, the Respondent explained that there was a significant delay in the payment of the transfer compensation by the club from country G, Club F, after having transferred the player to said club. Therefore, the Respondent did not have sufficient means to pay the outstanding amount to the Claimant. However, the Respondent stated that it had at all times demonstrated good faith and dedication towards the Claimant. 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 were 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) as well as to the fact that the present matter was submitted to FIFA on 6 September 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 is 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 2012 edition of the Regulations on the Status and Transfer of Players and, on the other hand, to the fact that the claim was lodged in front of FIFA on 6 September 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 par. 2 of the Procedural Rules in connection with art. 23 par. 1 and par. 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. The competence of the Single Judge 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. However, the Single Judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence which he considered pertinent for the assessment of the matter at hand. 5. First of all, the Single Judge acknowledged that it was undisputed between the parties that, on 7 August 2012, a transfer agreement was concluded relating to the transfer of the player from the Claimant to the Respondent for a transfer compensation amounting to EUR 1,650,000, payable in different instalments. 6. Furthermore, the Single Judge observed that the Claimant indicated that the Respondent still owed the Claimant the amount of EUR 650,000 pertaining to the second instalment which was due on 31 August 2013. 7. Moreover, the Single Judge took note that, in its reply, the Respondent stated that the present matter has already been decided upon by FIFA and the CAS (2013/A/3306, decision 13 December 2013), both of which established that the Respondent violated the transfer agreement. Therefore, the Respondent argued that the present matter is res judicata. 8. In this respect, the Single Judge emphasized that, in its decision dated 13 December 2013, the CAS confirmed the decision of the Single Judge of the Players’ Status Committee dated 5 June 2013, in which the latter decided that the Respondent had to pay the amount of EUR 1,305,000 to the Claimant in connection with a sell-on clause that was agreed upon between the parties. Consequently, the Single Judge concluded that the present proceedings have unquestionably a different subject matter and, therefore, the claim is admissible. 9. In continuation, the Single Judge took note of the Respondent’s submission that there was a significant delay in the payment of the transfer compensation by the club from country G, Club F, after having transferred the player to said club. 10. In this regard, the Single Judge emphasized that, 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 Respondent has to fulfill its contractual obligations towards the Claimant, regardless of a possible delay in the payment of the transfer compensation by a third club for a subsequent transfer of the player. 11. Having established the aforementioned, the Single Judge ruled that the Respondent did not provide any valid argument which would justify the non-payment of the agreed transfer compensation and that, thus, the Respondent had failed to respect the terms of the transfer agreement it had entered into with the Claimant on 7 August 2012. Therefore, the Single Judge held that the Respondent has to pay to the Claimant the amount of EUR 650,000 plus default interest of 5% p.a. on said amount as of 1 September 2013 until the date of effective payment. 12. Furthermore, the Single Judge decided to reject the Claimant’s claim for “all the proceeding costs incurred in this matter before FIFA” in accordance with art. 18 par. 4 of the Procedural Rules, which stipulates that in proceedings of the Players’ Status Committee no procedural compensation shall be awarded. 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 Claimant is the successful party in the present proceedings, the Single Judge concluded that the Respondent has to bear the full costs of the current proceedings before FIFA. 15. 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 650,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 16. In conclusion, and considering that the case at hand did not pose any particular factual difficulties and was adjudicated by the Single Judge and not by the Players’ Status Committee in corpore, the Single Judge determined the costs of the current proceedings to the amount of CHF 15,000. Furthermore, and in line with his aforementioned considerations and taking into account the degree of success, the Single Judge of the Players’ Status Committee decided that the amount of CHF 15,000 has to be paid by the Respondent. ***** III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Club A, is admissible. 2. The claim of the Claimant is partially accepted. 3. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 650,000 plus 5% interest p.a. on said amount as of 1 September 2013 until the date of effective payment. 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 claim lodged by the Claimant is rejected. 6. The final amount of costs of the proceedings in the amount of CHF 15,000 are to be paid by the Respondent within 30 days as from the date of notification of the present decision as follows: 6.1. The amount of CHF 10,000 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 6.2. The amount of CHF 5,000 has to be paid directly to the Claimant. 7. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under point 3. and 6.2. above 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 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 Single Judge of the Players’ Status Committee: Jérôme Valcke Secretary General Encl. CAS Directives