F.I.F.A. – Commissione per lo Status dei Calciatori (2014-2015) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2014-2015) – club vs. club disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed on 7 November 2014, by Johan van Gaalen (South Africa) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club X, from country E as Claimant against the club, Club A, from country T as Respondent regarding a contractual dispute between the parties relating to the player D

F.I.F.A. - Commissione per lo Status dei Calciatori (2014-2015) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2014-2015) – club vs. club disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed on 7 November 2014, by Johan van Gaalen (South Africa) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club X, from country E as Claimant against the club, Club A, from country T as Respondent regarding a contractual dispute between the parties relating to the player D I. Facts of the case 1. On 28 July 2014, Club X from country E (hereafter: the Claimant), and the Club A from country T (hereafter: the Respondent), concluded a transfer agreement for the transfer of the player, D (hereinafter: the player) from the Claimant to the Respondent for a transfer compensation of EUR 4,500,000 to be paid upon signature of the transfer agreement. 2. On 23 September 2014, the Claimant lodged a claim in front of FIFA against the Respondent, indicating that, despite several reminders, the latter had failed to pay the above-mentioned transfer compensation. 3. As a consequence, the Claimant claimed the amount of EUR 4,275,000 from the Respondent plus “accrued interest” which, according to the Claimant, amounted to EUR 33,402 when lodging its claim. 4. Finally, the Claimant requested any further sum as found appropriate in view of the Respondent’s deliberate disregard of its payment obligations. 5. On 6 October 2014, the Claimant reverted to FIFA indicating that the Respondent had paid the amount of EUR 2,100,000 to the Claimant on 1 October 2014. As a consequence, the Claimant amended its claim to the amount of EUR 2,175,000 plus 5% interest on the amount of EUR 4,275,000 between 28 July 2014 and 1 October 2014 as well as 5% interest on the amount of EUR 2,175,000 as from 2 October 2014 until the final payment. 6. Although having been invited to do so on 8 October 2014, the Respondent did not provide a reply to the claim of the Claimant within the granted deadline. Only after the investigation-phase of the present matter was closed by the FIFA administration on 30 October 2014, the Respondent submitted its reply to FIFA on 6 November 2014, indicating that it concluded a verbal agreement with the Claimant that the transfer compensation was to be paid in two installments in September 2014 and January 2015. 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 edition of the Procedural Rules were applicable to the matter at hand. In this respect, he referred to art. 21 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2014) as well as to the fact that the present matter was submitted to FIFA on 23 September 2014. Therefore, the Single Judge concluded that the 2014 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: 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 2014 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 23 September 2014. In view of the foregoing, the Single Judge concluded that the 2014 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 took note that the Claimant maintained that it is entitled to receive EUR 2,175,000 from the Respondent plus 5% interest, indicating that the Respondent had failed to pay the full amount of transfer compensation agreed upon in the transfer agreement dated 28 July 2014. 6. Subsequently, the Single Judge observed that the Respondent, for its part, in spite of having been invited to do so, failed to present its response to the claim of the Claimant within the relevant time-limit. In fact, the reply of the Respondent was only received after the investigation-phase of the matter had already been concluded, thus, clearly outside the granted time limit. As a result, and whilst referring to art. 16 par. 2 and 6 of the Procedural Rules, the Single Judge decided not to take into account the reply of the Respondent and established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of those documents on file that were provided prior to the closure of the investigation-phase, in casu, upon the statements and documents presented by the Claimant. 7. As a consequence of the above consideration, the Single Judge first of all established that the Claimant’s statement that the Respondent did not pay it the remaining EUR 2,175,000 of the transfer compensation remained uncontested. Therefore, the Single Judge decided that the Respondent had failed to respect the terms of the transfer agreement it had entered into with the Claimant on 28 July 2014. 8. Consequently, the Single Judge held 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. Therefore, the Single Judge held that the Respondent has to pay the Claimant the amount of EUR 2,175,000. 9. In continuation, and in relation to the interest claimed by the Claimant, the Single Judge decided that the Respondent had to pay 5% interest on the amount of EUR 4,275,000 as from 29 July 2014 until 1 October 2014 and on the amount of EUR 2,175,000 as from 2 October 2014 until the date of effective payment 10. 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). 11. 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. 12. 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 2,175,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 13. In conclusion, taking into account the degree of success as well as the conduct of the Respondent, which only took stance in the procedure after the investigation-phase had already been concluded, the Single Judge of the Players’ Status Committee determined the costs of the current proceedings to CHF 25,000, which shall be borne by the Respondent. ***** III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Club X, is accepted. 2. The Respondent, Club A, has to pay to the Claimant, within 30 days as from the date of notification of the present decision, the amount of EUR 2,175,000 plus 5% interest p.a. on said amount as from 2 October 2014 until the date of effective payment. 3. Within the same time limit, the Respondent has to pay to the Claimant default interest of 5% p.a. on the amount of EUR 4,275,000 as from 29 July 2014 until 1 October 2014. 4. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 5. The final costs of the proceedings in the amount of CHF 25,000 are 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 20,000 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 directly and immediately of the account number to which the remittances are to be made in accordance with the above points 2., 3. and 5.2. 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