F.I.F.A. – Commissione per lo Status dei Calciatori (2013-2014) – controversie agenti di calciatori –———-F.I.F.A. – Players’ Status Committee (2013-2014) – players’ and match agents disputes – official version by www.fifa.com – Decision of the Bureau of the Players’ Status Committee passed in Zurich, Switzerland, on 19 March 2014, in the following composition: Sunil Gulati (USA), Deputy Chairman Johan van Gaalen (South Africa), member Luis Bedoya (Colombia), member Pare Salmon (Tahiti), member on the claim presented by the Players’ Agent Agent A, country B as “Claimant” against the club Club C, country D as “Respondent” regarding a claim for commission.

F.I.F.A. - Commissione per lo Status dei Calciatori (2013-2014) – controversie agenti di calciatori –----------F.I.F.A. - Players' Status Committee (2013-2014) – players’ and match agents disputes – official version by www.fifa.com - Decision of the Bureau of the Players’ Status Committee passed in Zurich, Switzerland, on 19 March 2014, in the following composition: Sunil Gulati (USA), Deputy Chairman Johan van Gaalen (South Africa), member Luis Bedoya (Colombia), member Pare Salmon (Tahiti), member on the claim presented by the Players’ Agent Agent A, country B as “Claimant” against the club Club C, country D as “Respondent” regarding a claim for commission. I. Facts of the case 1. On 29 June 2011, the club from country D, Club C (hereinafter: the Respondent) and the players’ agent, Agent A (hereinafter: the Claimant) licensed by The Football Association (country B) concluded a representation agreement (hereinafter: the agreement) in relation to the transfer of the player from country F, Player E (hereinafter: the player), under the terms of which the Claimant was entitled to receive from the Respondent a commission amounting to EUR 600,000 payable as follows: (a) “The sum of EUR 200,000 (two hundred thousand Euros) payable on 1st September 2011 (b) The sum of EUR 200,000 (two hundred thousand Euros) payable on 1st October 2011 (c) The sum of EUR 200,000 (two hundred thousand Euros) payable on 1st August 2012.” 2. Clause 5.4 of the agreement provided that “If any amount payable by the Club [i.e. the Respondent] to the Authorised Agent [i.e. the Claimant] under this Agreement is due but unpaid, without prejudice to the Authorised Agent’s other rights or remedies: a. Such amount shall incur interest at an annual rate of 5%”. 3. On 12 December 2012, the Claimant lodged a claim with FIFA against the Respondent arguing that the latter had not paid him the total amount of EUR 600,000 despite having sent several reminders to the Respondent. 4. Consequently, the Claimant requested FIFA to condemn the Respondent to pay him the sum of EUR 600,000 “together with interest at the appropriate rate”. 5. Although the Respondent was invited by FIFA to provide its position in response to the claim, it did not submit any comments in the matter at hand. II. Considerations of the Bureau of the Players’ Status Committee 1. First of all, the Bureau of the Players’ Status Committee (hereinafter also referred to as: the Bureau) analysed which procedural rules are applicable to the matter in hand. In this respect, the Bureau 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). The present matter was submitted to FIFA on 12 December 2012. Therefore, the Bureau concluded that the current edition of the Procedural Rules (edition 2012; hereinafter: the Procedural Rules) is applicable to the present matter. 2. Subsequently, the Bureau analysed which edition of the FIFA Players’ Agents Regulations should be applicable. In this respect, the Bureau confirmed that in accordance with art. 39 par. 1 and 4 of the 2008 edition of the Players’ Agents Regulations, and considering that the present claim was lodged on 12 December2012, the current edition of the Players’ Agents Regulations (edition 2008; hereinafter: the Regulations) is applicable to the matter in hand. 3. With regard to its competence, and while referring to art. 34 par. 6 of the 2013 edition of the FIFA Statutes, the Bureau of the Players’ Status Committee 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 individuals who hold a valid players’ agent licence issued by the relevant member Association. 4. The Bureau continued its deliberations by indicating that the present matter concerns a dispute between a players’ agent licensed by the Football Association (country B) and a club from country D, regarding an alleged outstanding commission. 5. As a consequence, the Bureau of the Players’ Status Committee is competent to decide on the present matter which has an international dimension (cf. art. 30 par. 2 of the Regulations). 6. Its competence and the applicable regulations having been established, the Bureau entered into the substance of the matter. In doing so and first of all, it 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 Bureau 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. 7. Bearing in mind the aforementioned, the Bureau 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. 8. The Bureau therefore started by acknowledging the established facts of the case as well as the documents contained in the file. In this respect, it noted that, on 29 June 2011, the Respondent and the Claimant had concluded an agreement in relation to the transfer of the Player E to the Respondent according to which the latter agreed to pay to the Claimant a commission amounting to EUR 600,000. 9. 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 Bureau held that the Claimant is entitled to receive from the Respondent the amount of EUR 600,000 as commission according to the agreement. Furthermore, in view of the Claimant’s request for interest and clause 5.4 of the agreement, the Bureau held that the Claimant should also be entitled to an interest at a rate of 5% per year on the above-mentioned amount and that said interest should run as from 12 December 2012, i.e. as from the date the present claim was lodged with FIFA. II. 10. In view of all the above, the Bureau of the Players’ Status Committee concluded that the Claimant’s claim against the Respondent is accepted and that the Respondent has to pay to the Claimant a total sum of EUR 600,000, plus 5% interest per year from 12 December 2012 until the date of effective payment. 11. Lastly, the Bureau referred to art. 25 par. 2 of the Regulations for the Status and Transfer of Players in combination with art. 18 par. 1 of the Procedural Rules, according to which, in the proceedings before the Players’ Status Committee 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. 12. On account of the above and considering that the claim of the Claimant has been fully accepted, the Bureau concluded that the Respondent has to bear the entire costs of the current proceedings before FIFA. 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 Bureau held that the amount to be taken into consideration in the present proceedings is EUR 600,000. Consequently, the Bureau concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 13. In conclusion, and in view of the circumstances of the present matter, the Bureau determined the costs of the current proceedings to the amount of CHF 18,000. Consequently, the Bureau of the Players’ Status Committee decided that the amount of CHF 18,000 has to be paid by the Respondent in order to cover the costs of the present proceedings. III. Decision of the Bureau of the Players’ Status Committee 1. The claim of the Claimant, Agent A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, Agent A, within 30 days as from the date of notification of this decision, the total amount of EUR 600,000 as well as 5% interest per year on the said amount from 12 December 2012 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. The final costs of the proceedings in the amount of CHF 18,000 are to be paid by the Respondent, Club C, within 30 days as from the date of notification of the present decision, as follows: 4.1 The amount of CHF 13,000 has to be paid to FIFA to the following bank account with reference to case nr. xxxxxxxxxx: III. UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 4.2 The amount of CHF 5,000 has to be paid directly to the Claimant, Agent A. 5. The Claimant, Agent A, is directed to inform the Respondent, Club C, immediately and directly of the account number to which the remittance under points 2 and 4.2 above is 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 Bureau of the Players’ Status Committee Jérôme Valcke Secretary General Encl. CAS directives