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 in Zurich, Switzerland, on 26 August 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, Country B as Claimant/Counter-Respondent against the club Club C, Country D as Respondent/Counter-Claimant regarding a contractual dispute between the parties relating to the Player E

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 in Zurich, Switzerland, on 26 August 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, Country B as Claimant/Counter-Respondent against the club Club C, Country D as Respondent/Counter-Claimant regarding a contractual dispute between the parties relating to the Player E I. Facts of the case 1. On 12 July 2013, the Club of Country B, Club A (hereinafter: the Claimant/Counter-Respondent), and the Club of Country D, Club C (hereinafter: the Respondent/Counter-Claimant), concluded a transfer agreement for the transfer of the Player E (hereinafter: the player), from the Claimant/CounterRespondent to the Respondent/Counter-Claimant. 2. The aforementioned transfer agreement, which is drafted in Language F, stipulated, inter alia, that: “...Club C agrees to pay transfer compensation in the amount of EUR 25 000, which will be payable as follows: - The amount of EUR 12 500 will be paid when the ITC is delivered to Club C. - The amount of EUR 12 500 will be paid 30 November 2013.” 3. On 31 January 2014, the Claimant/Counter-Respondent lodged a claim in front of FIFA against the Respondent/Counter-Claimant for breach of contract indicating that the Respondent/Counter-Claimant had failed to pay the second instalment of the transfer fee. In view of the foregoing, the Claimant/Counter-Respondent requested the payment of EUR 12,500 from the Respondent/Counter-Claimant. 4. On 26 May 2014, the Respondent/Counter-Claimant replied to the claim and stated that the Claimant/Counter-Respondent is responsible for the delay of 9 days in the issuance of the International Transfer Certificate (ITC), as a result of which the player was not able to play in two official matches for the Respondent/Counter-Claimant. According to the Respondent/Counter-Claimant, this situation caused damages to the club, which it determined to the amount of EUR 12,500. In view of the foregoing, the Respondent/Counter-Claimant lodged a counterclaim against the Claimant/Counter-Respondent and requested the payment of EUR 12,500. 5. In reply to the counterclaim, the Claimant/Counter-Respondent stated that the delay was caused by the Respondent/Counter-Claimant, since it had returned the signed transfer agreement to the Claimant/Counter-Respondent per email only on 22 July 2013, i.e. 7 days after the Claimant/Counter-Respondent had requested said document to be sent. 6. According to the information contained in the Transfer Matching System (TMS), the ITC was delivered on 29 July 2013. 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 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012 and 2014) as well as to the fact that the present matter was submitted to FIFA on 31 January 2014, thus after 1 December 2012 but before 1 August 2014. Therefore, the Single Judge concluded that the 2012 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 2012 and 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 31 January 2014. 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 12 July 2013, a transfer agreement was concluded relating to the transfer of the player from the Claimant/Counter-Respondent to the Respondent/Counter-Claimant. 6. Equally, the Single Judge observed that it was undisputed between the parties that the Respondent/Counter-Claimant had not paid the second instalment of the transfer fee, in the amount of EUR 12,500, to the Claimant/Counter-Respondent. 7. Having established the above, the Single Judge noted that the Claimant/Counter-Respondent lodged a claim with FIFA against the Respondent/Counter-Claimant for non-payment of the second instalment of the transfer fee. 8. Furthermore, the Single Judge took note that, in its reply, the Respondent/Counter-Claimant stated that the Claimant/Counter-Respondent is responsible for the delay of 9 days in the issuance of the International Transfer Certificate (ITC), as a consequence of which the Respondent/Counter-Claimant suffered damages in the amount of EUR 12,500 due to the player’s temporary non-eligibility. 9. After having carefully examined the parties’ positions, taking into consideration all the aforementioned arguments, the Single Judge observed that the Respondent/Counter-Claimant had not contested the allegation of the Claimant/Counter-Respondent and had, thus, not provided any valid argument which would justify the non-payment of the second instalment of the transfer fee. 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 12 July 2013. 10. Having established the aforementioned and turning his attention to the counterclaim lodged by the Respondent/Counter-Claimant, the Single Judge observed that the Respondent/Counter-Claimant had neither provided any evidence to corroborate that the Claimant/Counter-Respondent was responsible for the delay of the issuance of the ITC, nor of the alleged damages suffered. Therefore, the Single Judge decided to reject the counterclaim of the Respondent/Counter-Claimant. 11. 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/Counter-Claimant has to fulfill its contractual obligations towards the Claimant/Counter-Respondent. Therefore, the Single Judge held that the Respondent/Counter-Claimant has to pay the Claimant/Counter-Respondent the amount of EUR 12,500. 12. 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). 13. In respect of the above, the Single Judge reiterated that the claim of the Claimant/Counter-Respondent is accepted and, at the same time, that the counterclaim of the Respondent/Counter-Claimant is rejected. Therefore, the Single Judge concluded that the Respondent/Counter-Claimant has to bear the costs of the current proceedings in front of FIFA. 14. 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 12,500. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000. 15. In conclusion, taking into account the degree of success, the Single Judge determined the costs of the current proceedings to the amount of CHF 5,000. 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 5,000 has to be paid by the Respondent/Counter-Claimant. ***** III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant/Counter-Respondent, Club A, is accepted. 2. The Respondent/Counter-Claimant, Club C, has to pay to the Claimant/CounterRespondent, within 30 days as from the date of notification of this decision, the amount of EUR 12,500. 3. If the aforementioned sum is not paid within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the stipulated time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The counter-claim of the Respondent/Counter-Claimant is rejected. 5. The final costs of the proceedings in the amount of CHF 5,000 are to be paid by the Respondent/Counter-Claimant within 30 days as from the date of notification of the present decision as follows: 5.1. The amount of CHF 4,000 has to be paid to FIFA to the following bank account: 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 1,000 has to be paid directly to the Claimant/Counter- Respondent. 6. The Claimant/Counter-Respondent is directed to inform the Respondent/CounterClaimant immediately and directly of the account number to which the remittances under point 2. and 5.2. 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