F.I.F.A. – Commissione per lo Status dei Calciatori (2015-2016) – controversie agenti di calciatori – ———- F.I.F.A. – Players’ Status Committee (2015-2016) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 23 September 2015, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Player’s Agent A, Country B as “Claimant” against the club Club C, Country D as “Respondent” regarding a contractual dispute between the parties.

F.I.F.A. - Commissione per lo Status dei Calciatori (2015-2016) – controversie agenti di calciatori – ---------- F.I.F.A. - Players' Status Committee (2015-2016) – players’ and match agents disputes – official version by www.fifa.com - Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 23 September 2015, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Player’s Agent A, Country B as “Claimant” against the club Club C, Country D as “Respondent” regarding a contractual dispute between the parties. I. Facts of the case 1. On 17 June 2014, the Player’s Agent A (hereinafter: the Claimant), licensed by the Football Association of Country B, and the Club of Country D Club C (hereinafter: the Respondent) signed an agreement “about provision of services N°05-2014” (hereinafter: the first agreement) concerning the services that the Claimant had to provide to the Respondent. As specified in the first agreement, the Respondent had to pay to the Claimant, for the services rendered, a “fee () the amount of which are determined by supplementary agreements signed by the parties before entering into employment contracts with the players”. 2. On 19 June 2014, the Claimant and the Respondent concluded an “additional agreement (..) to the agency agreement N° 05-2014 from 17 of June 2014” (hereinafter: the second agreement) in accordance with which the Claimant undertook to provide to the Respondent “information about Player E” and “assist the club [i.e. the Respondent] in negotiations with the football player (..)”. 3. On 21 June 2014, the Claimant and the Respondent concluded a further agreement (hereinafter: the third agreement) in connection with the services rendered by the Claimant “on behalf of the club [i.e. the Respondent] (..) from 17 of June 2014 till 20 of June 2014” related to the conclusion of an employment contract with the Player E. 4. According to the third agreement, the Claimant was entitled to receive from the Respondent, as remuneration, the sum of USD 100,000 by no later than 28 February 2015. 5. On 27 March 2015, the Claimant lodged a claim with FIFA against the Respondent and requested from the latter the payment of USD 100,000 in accordance with the third agreement, arguing that such amount was never paid by the latter. 6. In addition, the Claimant requested the payment of 5% interest on the claimed amount “starting from the respective date of maturity until the effective date of payment” and asked FIFA to condemn the Respondent to pay “the legal expenses incurred and procedural costs before Players’ Status Committee”. 7. In spite of having been asked to do so, the Respondent did not reply to the claim lodged against it. II. Considerations of the Single Judge of the Players’ Status Committee 1. First of all, the Single Judge of the Players’ Status Committee (hereinafter also simply referred to as: the Single Judge) analysed which procedural rules are applicable to the matter at hand. In view of the fact that the present matter was submitted to FIFA on 27 March 2015, the Single Judge of the Players’ Status Committee concluded that the March 2015 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the present matter (cf. art. 21 of the Procedural Rules). 2. Subsequently, the Single Judge analysed which edition of the FIFA Players’ Agent Regulations should be applicable. In this respect, he confirmed that in accordance with art. 39 par. 1 and 4 of the 2008 edition of the Players’ Agents Regulations, considering that the present claim was lodged on 27 March 2015, the 2008 edition of the Players’ Agents Regulations (hereinafter: the Regulations) is applicable to the matter at hand. 3. With regard to his competence, the Single Judge pointed out that in accordance with the provisions set out by the Regulations, FIFA has jurisdiction on matters relating to licensed players’ agents, i.e. on those individuals who hold a valid players’ agent licence issued by the relevant member Association. 4. The Single Judge continued his deliberations by indicating that the present matter concerns a dispute between a players’ agent licensed by the Football Association of Country B and a Club of Country D, regarding an allegedly outstanding commission. 5. As a consequence, the Single Judge is the competent body to decide on the present matter which has an international dimension (cf. art. 30 par. 2 of the Regulations). 6. His competence and the applicable regulations having been established and entering into the substance of the matter, the Single Judge started his analysis by acknowledging the facts of the case and the arguments of the parties as well as the documents contained in the file. 7. In doing so and first of all, the Single Judge 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 Single Judge 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. 8. Hence and bearing in mind the aforementioned, the Single Judge 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. 9. Having said this, the Single Judge starting his analysis by acknowledging that, on 17, 19 and 21 June 2014 respectively, the Claimant and the Respondent had concluded three agreements related to the services that the Claimant had to render resp. had rendered as players’ agent to the Respondent. In particular, the Single observed that, in accordance with the third agreement concluded between the parties on 21 June 2014, the Respondent had to pay to the Claimant the sum of USD 100,000 by no later than 28 February 2015. 10. Equally, the Single Judge remarked that, on 27 March 2015, the Claimant had lodged a claim with FIFA against the Respondent requesting from the latter the payment of the entire remuneration due as per the third agreement, i.e. USD 100,000, arguing that the amount in question remained outstanding. The Single Judge also recalled once again that all allegations of the Claimant had not been contested by the Respondent. 11. Bearing in mind the foregoing, the Single Judge came to the conclusion 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, as well as considering that the Respondent had never contested the allegations of the Claimant, the Respondent must fulfil its obligations stipulated in the first, second and third agreements and, consequently, pay the amount of USD 100,000 to the Claimant. 12. In continuation and as to the Claimant’s request related to the payment of interest on the sum of USD 100,000, the Single Judge referred to his wellestablished jurisprudence and determined that the Respondent has to pay to the Claimant interest at a rate of 5% on the outstanding amount of USD 100,000 as of the day after the sum in question became due, i.e. as of 1 March 2015. 13. Finally and with regard to the Claimant’s claim related to the payment of an indefinite amount of legal expenses, the Single Judge referred to art. 18 par. 4 of the Procedural Rules in accordance with which “no procedural compensation shall be awarded in proceedings of the Players’ Status Committee and the DRC”. Therefore, the Single Judge ruled that the relevant request of the Claimant has to be rejected because it lacked legal basis. 14. As a consequence of all the above, the Single Judge decided that the claim of the Claimant is partially accepted and that the Respondent has to pay to the Claimant the amount of USD 100,000 plus 5% interest p.a. on the said amount until the date of effective payment as from 1 March 2015. 15. 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 the proceedings before the Players’ Status Committee and the Single Judge, costs in the maximum amount of CHF 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. 16. In this respect, the Single Judge reiterated that the claim of the Claimant is partially accepted and that the Respondent is the party at fault. Therefore, the Single Judge decided that the Respondent has to bear the entire costs of the current proceedings in front of FIFA. 17. 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 higher than CHF 50,000 but lower than CHF 100,000, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000. 18. Considering the particular circumstances of the present matter, bearing in mind that the Respondent did not reply to the claim of the Claimant, the Single Judge determined the costs of the current proceedings to the amount of CHF 10,000 and concluded that said amount has to be paid by the Respondent in order to cover the costs of the present proceedings. 19. Consequently, the Respondent has to pay CHF 10,000 to cover the costs of the present proceedings. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Player’s Agent A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, Player’s Agent A, within 30 days as from the date of notification of the present decision, the total amount of USD 100,000, plus an interest at a rate of 5% per year on the said amount from 1 March 2015 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 other claims lodged by the Claimant, Player’s Agent A, are rejected. 5. The final costs of the proceedings in the amount of CHF 10,000 are to be paid by the Respondent, Club C, within 30 days as from the date of notification of this decision, as follows: 5.1. The amount of CHF 8,000 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 2,000 has to be paid directly to the Claimant, Player’s Agent A. 6. The Claimant, Player’s Agent A, is directed to inform the Respondent, Club C, immediately and directly of the account number to which the remittances under points 2. and 5.2. 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 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 Acting Secretary General Encl. CAS directives