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 16 March 2016, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players’ Agent A, country B, as “Claimant” against the club Club C, country D, as “Respondent” regarding a contractual dispute arisen between the parties. I.

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 16 March 2016, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players’ Agent A, country B, as “Claimant” against the club Club C, country D, as “Respondent” regarding a contractual dispute arisen between the parties. I. Facts of the case 1. On 21 July 2014, the Players’ Agent A (hereinafter: the Claimant), licensed by the Football Association of country B, and the Club C from country D (hereinafter: the Respondent), concluded a “Representation FIFA Mandate” (hereinafter: the representation contract), valid as from 20 July 2014 until 31 August 2014, according to which the Respondent confirmed the assistance of the Claimant during the negotiations and the conclusion of the employment contract with the Player E from country F (hereinafter: the player). 2. As per art. 3 of the representation contract, the Claimant was entitled to receive from the Respondent a lump-sum payment of EUR 400,000, payable in eight equal instalments of EUR 50,000 on 31 August 2014, 30 September 2014, 30 October 2014, 30 November 2014, 30 December 2014, 30 January 2015, 28 February 2015 and 30 March 2015, respectively. 3. Pursuant to art. 3.1) of the representation contract, “In the event [the Respondent] fails to provide the payment of 2 (two) instalments (consecutively or not) herein agreed within the agreed due dates (within 10 working days), the overdue amount shall be immediately considered payable and [the Respondent] shall immediately accomplish with the payment of the total remuneration due in such occasion. In such case, a fine of 10%, plus interest will accrue on the full amount outstanding at the rate of 10% annual rate from the due date until the date of payment. Upon the failure to make 2 (two) or more instalment(s) payment, [the Respondent] also irrevocably consents to [the Claimant] obtaining a summary judgment which is a final judgment against [the Respondent] for the total amount due in such occasion and will not raise any counter claim nor set off against it. The Parties also agree that [the Claimant] shall be entitled to receive the amounts established in instalments set out above whether the Player is or not under contract with [the Respondent] until 30 March 2015”. 4. On 19 March 2015, the Claimant put the Respondent in default of the payment of EUR 400,000, granting it a deadline of five days to proceed to the payment. 5. On 31 March 2015, the Claimant lodged a claim in front of FIFA against the Respondent, arguing that the latter failed to pay any of the instalments contractually agreed upon and that the amount of EUR 400,000 – for the services he had rendered in connection with the transfer of the player to the Respondent – was still outstanding. 6. Consequently, the Claimant requested the amount of EUR 400,000, as per art. 3 of the representation contract, plus 10% interest p.a., by virtue of art. 3.1) of the representation contract, payable in 8 equal instalments of EUR 50,000, due as from 31 August 2014, 30 September 2014, 30 October 2014, 30 November 2014, 30 December 2014, 30 January 2015, 28 February 2015 and 30 March 2015, respectively. The Claimant also requested from the Respondent the payment of EUR 40,000 as penalty in accordance with art. 3.1) of the representation contract. The Claimant finally asked that the Respondent bore all costs of the present proceeding. 7. In spite of having been invited to do so, the Respondent did not provide its comments as to the matter at stake. II. Considerations of the Single Judge 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 present matter. In view of the fact that the present matter was submitted to FIFA on 31 March 2015, the Single Judge of the Players’ Status Committee concluded that the 2014 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 of the Players’ Status Committee analysed which edition of the FIFA Players’ Agents Regulations should be applicable. In this respect, the Single Judge 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 31 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 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 Single Judge of the Players’ Status Committee continued his deliberations by indicating that the present matter concerned a dispute between a players’ agent licensed by the Football Association of country B and a club from country D, regarding an alleged outstanding commission. 5. As a consequence, the Single Judge 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. 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. 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. 7. In this respect, the Single Judge acknowledged that the Claimant and the Respondent had concluded a representation contract in relation to the transfer of the player to the Respondent, according to which the latter agreed to pay to the Claimant a commission amounting to EUR 400,000, payable in eight equal instalments, as established to in art. 3 of the representation contract. 8. In continuation, the Single Judge took note that, in his claim to FIFA, the Claimant argued that the Respondent had failed to pay the relevant commission provided in article 3 of the representation contract. 9. The Single Judge further noted that the Respondent had been given the opportunity to reply to the claim submitted by the Claimant, but that the Respondent had failed to present its response in this respect. In this way, the Single Judge deemed that the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 10. Furthermore, and as a consequence of the aforementioned consideration, the Single Judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 11. 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, as well as bearing in mind the content of the representation contract, the Single Judge held that the Claimant was entitled to receive from the Respondent the amount of EUR 400,000 as commission according to the representation contract concluded by the parties in question. 12. After having dealt with the first part of the Claimant’s claim, the Single Judge turned his attention to the second request of the Claimant, i.e. the additional claimed amount of EUR 40,000 as penalty. In this respect, the Single Judge referred to the content of art. 3.1) of the representation contract which established a “fine of 10% (…) on the full amount outstanding” in case of non-payment by the Respondent. 13. In this respect, and taking into account that, pursuant to the representation contract, the commission had to be paid in eight equal instalment of EUR 50,000, the last one of which was due on 30 March 2015, the Single Judge decided that the Respondent had to pay to the Claimant a fine of EUR 40,000 corresponding to 10% of the outstanding commission of EUR 400,000. 14. Additionally, as regards the Claimant’s request for interest at 10% per year as of the due date of each instalment, the Single Judge referred to art. 3.1) of the representation contract, which foresaw that, besides a fine of 10% (cf. points II.11 and II.12 above), “interest will accrue on the full amount outstanding at the rate of 10% annual rate from the due date until the date of payment”. As a result, and bearing in mind the well-established jurisprudence of the Players’ Status Committee, the Single Judge concluded that the Claimant was also entitled to receive interest at a rate of 10% p.a. applicable as from the due date of each instalment of the outstanding amount of EUR 400,000. In this respect, the Single judge underlined that the due date of each instalment referred to the day following the date of payment foreseen in the representation contract. 15. Therefore, the Single Judge decided to grant the Claimant’s request for the payment of the fine of EUR 40,000 and the interest of 10% p.a., as stipulated in art. 3.1) of the representation contract. 16. In view of all the above, the Single Judge concluded that the Claimant’s claim against the Respondent was partially accepted and that the Respondent had to pay to the Claimant the amount of EUR 400,000 as commission, plus 10% interest p.a. as of the due date of each instalment as well as the amount of EUR 40,000 as penalty. 17. Finally, the Single Judge referred to art. 30 par. 5 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, including the 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. 18. On account of the above, and considering that the claim of the Claimant had been partially accepted and that the Respondent was the party at fault, the Single Judge concluded that the Respondent had 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. 19. On that basis, the Single Judge held that the amount to be taken into consideration in the present proceedings was higher than CHF 200,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponded to CHF 25,000. 20. In conclusion, and in view of the particular circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of CHF 25,000 and decided that such amount had to be paid by the Respondent in order 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, Players’ Agent A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, Players’ Agent A, within 30 days as from the date of notification of this decision, the amount of EUR 400,000 as follows: a. EUR 50,000 as well as 10% interest per year on the said amount as from 1 September 2014 until the date of effective payment; b. EUR 50,000 as well as 10% interest per year on the said amount as from 1 October 2014 until the date of effective payment; c. EUR 50,000 as well as 10% interest per year on the said amount as from 31 October 2014 until the date of effective payment; d. EUR 50,000 as well as 10% interest per year on the said amount as from 1 December 2014 until the date of effective payment; e. EUR 50,000 as well as 10% interest per year on the said amount as from 31 December 2014 until the date of effective payment; f. EUR 50,000 as well as 10% interest per year on the said amount as from 31 January 2015 until the date of effective payment; g. EUR 50,000 as well as 10% interest per year on the said amount as from 1 March 2015 until the date of effective payment; h. EUR 50,000 as well as 10% interest per year on the said amount as from 31 March 2015 until the date of effective payment. 3. The Respondent, Club C, has to pay to the Claimant, Players’ Agent A, the amount of EUR 40,000 as penalty, within 30 days as from the date of notification of this decision. 4. In the event that the aforementioned total amount, plus interest as foreseen in point 2., 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 other claims lodged by the Claimant, Players’ Agent A, are rejected. 6. The final costs of the proceedings in the amount of CHF 25,000 are to be paid by the Respondent, Club C, within 30 days as from the notification of the present decision as follows: 6.1 The amount of CHF 20,000 has to be paid to FIFA to the following bank account with reference to case nr. XXXX: 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, Players’ Agent A. 7. The Claimant, Players’ Agent A, is directed to inform the Respondent, Club C, immediately and directly of the account number to which the remittances under points 2., 3. and 6.2 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. 58 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: Marco Villiger Deputy Secretary General Encl. CAS directives