F.I.F.A. – Commissione per lo Status dei Calciatori (2015-2016) – debiti scaduti – ———- F.I.F.A. – Players’ Status Committee (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed on 12 February 2016, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding a contractual dispute between the parties in connection with overdue payables I.

F.I.F.A. - Commissione per lo Status dei Calciatori (2015-2016) – debiti scaduti – ---------- F.I.F.A. - Players’ Status Committee (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed on 12 February 2016, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding a contractual dispute between the parties in connection with overdue payables I. Facts of the case 1. On 28 August 2015, the club from country B, Club A (hereinafter: Claimant), and the club from country D, Club C (hereinafter: Respondent), signed a loan agreement regarding the loan of the player, Player E (hereinafter: player), from the Claimant to the Respondent. 2. In accordance with the loan agreement, the Respondent undertook to pay to the Claimant the total amount of EUR 1,300,000, payable in one instalment of EUR 300,000 and four instalments of EUR 250,000 by 15 September 2015, 30 November 2015, 30 January 2016, 30 March 2016 and 30 May 2016 respectively. 3. By correspondence dated 18 November 2015, the Claimant put the Respondent in default of payment of the amount of EUR 300,000 corresponding to the first instalment of the loan fee setting a time limit expiring on 29 November 2015 in order to remedy the default. 4. On 12 November 2015, the Claimant lodged a claim against the Respondent in front of FIFA asking that the Respondent be ordered to pay overdue payables in the amount of EUR 300,000 corresponding to the first instalment of the loan fee, which fell due on 15 September 2015. 5. The Claimant further asks to be awarded interest of 5% p.a. as of 16 September 2015 and “all additional costs”. 6. During the present proceedings, the Respondent made two partial payments in the amount of EUR 74,965 and EUR 149,965 on 15 December 2015 and on 14 January 2016 respectively. Furthermore, the Respondent provided an order of payment of EUR 75,100 to be executed on 2 February 2016. However, the Claimant provided a confirmation of the relevant bank in accordance with which “from the period from 29 January 2016 through 9 February 2016 no payment from [the Claimant] in the amount of EUR 75,100 was received”. 7. In light of the foregoing, the Claimant amended its claim requesting EUR 75,070, plus 5% interest p.a. as of 16 September 2016, plus EUR 1,848 as interests over the first partial payment from 16 September 2015 until 15 December 2015 as well as EUR 1,229 as interests over the second partial payment from 16 September 2015 until 14 January 2016. 8. The Respondent replied to the claim by informing of the aforementioned payments. II. Considerations of the Single Judge of the Player’s Status Committee 1. First of all, the Single Judge of the Player’s Status Committee (hereinafter: the Single Judge) analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 12 November 2015. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the Single Judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 23 par. 1 and par. 3 in conjunction with art. 22 lit. f of the Regulations on the Status and Transfer of Players (edition 2015) he is competent to deal with the present matter, which concerns a dispute between two clubs affiliated to different associations. 3. Furthermore, the Single Judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (edition 2015), and considering that the present claim was lodged on 12 November 2015, the 2015 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Single Judge and the applicable regulations having been established, the Single Judge entered into the substance of the matter. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on 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. 5. Having said this, the Single Judge acknowledged that the Claimant and the Respondent signed a loan agreement, in accordance with which the Claimant is entitled to receive from the Respondent, inter alia, the total amount of EUR 1,300,000, payable in five instalments of EUR 300,000, EUR 250,000, EUR 250,000, EUR 250,000 and EUR 250,000 by 15 September 2015, 30 November 2015, 30 January 2016, 30 March 2016 and 30 May 2016 respectively. 6. The Single Judge further acknowledged that the Claimant lodged a claim against the Respondent in front of FIFA, maintaining that the Respondent has overdue payables towards it in the total amount of EUR 75,070 corresponding to the residual amount of the first instalment of the loan fee. 7. In this context, the Single Judge took particular note of the fact that, on 18 November 2015, the Claimant put the Respondent in default of payment of the aforementioned amount, setting a time limit expiring on 29 November 2015 in order to remedy the default. 8. Consequently, the Single Judge concluded that the Claimant had duly proceeded in accordance with art. 12bis par. 3 of the Regulations, which stipulates that the creditor (player or club) must have put the debtor club in default in writing and have granted a deadline of at least ten days for the debtor club to comply with its financial obligations. 9. Subsequently, the Single Judge took into account that the Respondent, for its part, made two partial payments but failed to present any response as to the substance of claim of the Claimant. In this way, the Single Judge considered that the Respondent, thus, accepted the allegations of the Claimant. 10. Furthermore, 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. 11. Having said this, the Single Judge acknowledged that, in accordance with the loan agreement provided by the Claimant, the Respondent was obliged to pay to the Claimant the amount of EUR 1,300,000 payable in five instalments of EUR 300,000, EUR 250,000, EUR 250,000, EUR 250,000 and EUR 250,000 by 15 September 2015, 30 November 2015, 30 January 2016, 30 March 2016 and 30 May 2016 respectively. 12. Taking into account the documentation presented by the parties, the Single Judge concluded that the Claimant had substantiated its claim pertaining to overdue payables with sufficient documentary evidence and that the Respondent made two partial payments of EUR 149,965 and EUR 74,965 on 15 December 2015 and on 14 January 2016 respectively. 13. On account of the aforementioned considerations, the Single Judge established that the Respondent failed to remit total amount of EUR 75,070 payable to the Claimant, as the residual amount of the instalment due on 15 September 2015, claimed by the Claimant. 14. In addition, the Single Judge established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 15. Consequently, the Single Judge decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant overdue payables in the total amount of EUR 75,070. 16. In addition, taking into account the Claimant’s request as well as the constant practice of the Players’ Status Committee, the Single Judge decided that the Respondent must pay to the Claimant interest of 5% p.a. on the amount of EUR 75,070 as from 16 September 2015 until the date of effective payment, as well as EUR 1,848 as interests over the first partial payment and EUR 1,229 as interests over the second partial payment (cf. point I.7 above). Finally the Single Judge decided that the Claimant’s claim for “all additional costs” must be rejected due to the lack of contractual or regulatory basis. 17. In continuation, taking into account the consideration under number II./14. above, the Single Judge referred to art.12bis par. 2 of the Regulations which stipulates that any club found to have delayed a due payment for more than 30 days without a prima facie contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations. 18. The Single Judge established that by virtue of art. 12bis par. 4 of the Regulations he has competence to impose sanctions on the Respondent. Moreover, the Single Judge recalled that the Respondent has previously been found by the Players’ Status Committee or its Single Judge to have neglected its contractual obligations towards clubs on multiple occasions in the recent past. Therefore, the Single Judge decided to impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c) of the Regulations. Furthermore, taking into consideration the amount due of EUR 75,070, the Single Judge regarded a fine amounting to CHF 10,000 as appropriate and hence decided to impose said fine on the Respondent. 19. In this connection, the Single Judge wished to highlight that a repeated offence will be considered as an aggravating circumstance and lead to more severe penalty in accordance with art. 12bis par. 6 of the Regulations. 20. Finally, 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 and which states that 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. 21. Taking into account that the responsibility of the failure to comply with the payment of the amounts as agreed in the loan agreement can entirely be attributed to the Respondent and that the claim of the Claimant has been fully accepted, the Single Judge concluded that the Respondent has to bear the costs of the current proceedings before FIFA. 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 75,070. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000. 22. Considering the particular circumstances of the present matter, bearing in mind that the claim of the Claimant is almost entirely accepted, 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. III. Decision of the Single Judge of the Players’ Status Committee 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, overdue payables in the amount of EUR 78,147, plus interest at the rate of 5% p.a. over the amount of EUR 75,070 as from 16 September 2015 until the date of effective payment. 3. If the aforementioned amount 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 further claim of the Claimant is rejected. 5. The Respondent is ordered to pay a fine in the amount of CHF 10,000. The fine is to be paid within 30 days of notification of the present decision 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. The final amount of costs of the proceedings in the amount of CHF 10,000 is to be paid by the Respondent, within 30 days as from the notification of the present decision, as follows: a) The amount of CHF 5,000 by the Respondent to the Claimant. b) The amount of CHF 5,000 to FIFA to above-mentioned bank account of FIFA (cf. point 4.) with reference to case no. XXXX. 7. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under point 2. and 6.a) are to be made and to notify the Single Judge 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: Markus Kattner Acting Secretary General Encl: CAS directives