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 14 October 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 against the club Club C, country D as Respondent regarding a contractual dispute between the parties relating to the transfer of the Player E I. Facts of the case 1.

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 14 October 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 against the club Club C, country D as Respondent regarding a contractual dispute between the parties relating to the transfer of the Player E I. Facts of the case 1. On 2 September 2013, the club from country B, Club A (hereinafter: the Claimant) and the club from country D, Club C (hereinafter: the Respondent), concluded an agreement (hereinafter: the agreement) regarding the transfer of Player E (hereinafter: the player), from the Claimant to the Respondent. 2. The agreement stipulated inter alia the following: “Article II 1. In exchange for the permanent transfer of the player, [the Respondent] shall pay [the Claimant] compensation in the total amount of €3’500,000.- 2. The total net amount of €3’500,000 shall be paid as follows: a) €400’000 by no later than 30th September 2013 b) €400’000 by no later than 15th February 2014 c) €400’000 by no later than 30th June 2014; d) €650’000 by no later than 30th September 2014; e) €650’000 by no later than 15th February 2015; f) €500’000 by no later than 30th September 2015; g) €500’000 by no later than 30th December 2015; 3. [The Respondent] shall pay [the Claimant] a one-off bonus amounting to €500’000 net provided that the player has appeared in at least 50% of official Serie A matches for at least 25 minutes per match in any season in which the player is registered with [the Respondent], it is explicitly agreed that for the sporting season 2013/2014 the above limit is set to 17 matches. Above bonus shall be paid by two (2) equal instalments the first one within 30 days and the second within 60 days after the end of the Sporting Season of country D. 4. Above payments are to be effected net of any taxes, dues, expenses or levies and should be deposited within the stipulated time. A grace period of 15 days is agreed after each payment date after which in case [the Respondent] fails to pay the relevant payment then all remaining installments, including the one that was not paid in time become automatically due and [the Respondent] is obliged to pay the whole remaining amount within three (3) days after falling to effect the certain payment. In addition [the Respondent] will have to pay an interest of 5% annually of the remaining amount as of the day of signing the present document.” 3. On 15 November 2013, the Claimant lodged a claim at FIFA requesting from the Respondent the payment of the amount of EUR 3,400,000 plus “interest 5% since the date of signing the Contract, i.e. 2nd September 2013.” 4. In support of its claim, the Claimant stated that after receiving a partial payment in the amount of EUR 100,000, the Respondent failed to comply with its contractual obligations. In particular, the Claimant stressed that its final reminder remained unanswered by the Respondent. Consequently, and in line with art. II.4. of the agreement, the whole transfer compensation has fallen due. 5. In its reply, the Respondent generally acknowledged the claim of the Claimant however stating that it is not in a position to comply with its contractual obligations due to financial difficulties. 6. On 8 July 2014, the Claimant made an additional request for payment from the Respondent in the amount of EUR 500,000. 7. In support of this additional claim, the Claimant referred to art. II.3. of the agreement, stating that the requirements of the relevant article have been fulfilled since the player has made more than 17 appearances in Serie A matches during the 2013/2014 season. In this regard, the Claimant provided stat sheets, indicating that the player on 24 occasions played at least 25 minutes during the course of the 2013/2014 season. 8. Despite having been invited to do so, the Respondent never provided its comments pertaining to the additional claim of the Claimant. 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 whether he was competent to deal with the present matter. In this respect, he took note that the matter was submitted to FIFA on 15 November 2013. Consequently, the 2012 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 matter in hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the Single Judge referred to art. 3 of the Procedural Rules and confirmed that in accordance with art. 23 par. 1 and 3 in combination with art. 22 lit. f) of the 2014 edition of the Regulations on the Status and Transfer of Players, he is competent to deal with the matter at sake since it concerned a dispute between two clubs affiliated to two different associations. 3. Furthermore, the Single Judge analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance to art. 26 par. 1 and 2 of the 2014 edition of the Regulations on the Status and Transfer of Players and considering that the present claim was lodged with FIFA on 15 November 2013, the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the present matter as to the substance. 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 emphasized that in the following considerations he will refer only to the facts, arguments and the documentary evidence which he considered pertinent for the assessment of the matter at hand. 5. In this respect, and first of all, the Single Judge noted that the parties had concluded on 2 September 2013 a contract for the definitive transfer of the player from the Claimant to the Respondent, according to which the latter would pay to the Claimant a total amount of EUR 3,500,000 according to art. II.1. of the agreement, payable in seven instalments as stipulated in art. II.2. of the agreement: EUR 400,000 by no later than 30 September 2013, EUR 400,000 by no later than 15 February 2014, EUR 400,000 by no later than 30 June 2014, EUR 650,000 by no later than 30 September 2014, EUR 650,000 by no later than 15 February 2015, EUR 500,000 by no later than 30 September 2015 and EUR 500’000 by no later than 30 December 2015. 6. Furthermore, the Single Judge remarked that the agreement further provided for a “one-off bonus” in the amount of EUR 500,000 provided that the player has appeared in at least 17 official Serie A matches for at least 25 minutes per match in any season in which the player is registered with the Respondent, payable in two equal instalments, the first thereof payable within 30 days and the second within 60 days after the end of the Sporting Season of country D. Equally, the Single Judge noted that art. II.4. of the agreement provided for a “grace period of 15 days after each payment date after which in case Club C fails to pay the relevant payment then all remaining installments, including the one that was not paid in time become automatically due and Club C is obliged to pay the whole remaining amount within three (3) days after falling to effect the certain payment.” Moreover, the Single Judge took note that the agreement provided for interest at a rate of 5% p.a. on any unpaid amount, payable as of the day of the signing of the agreement, i.e. as of 2 September 2013. 7. Moreover, the Single Judge noted that the Claimant on 15 November 2013 lodged a claim in front of FIFA, requesting payment in the amount of EUR 3,400,000 from the Respondent, indicating that the Respondent, after paying the amount of EUR 100,000 to the Claimant, failed to comply with its further contractual obligations. The Single Judge further noted that, based on the above, the Claimant argued that the whole value of the agreement, in the amount of EUR 3,400,000 fell due as stipulated in art. II.4. of the agreement. 8. Furthermore, the Single Judge reverted to the submissions of the parties and underlined, in particular, that the Respondent, after having paid the amount of EUR 100,000 to the Claimant, had acknowledged owing the amount of EUR 3,400,000 to the Claimant, while stressing that due to its alleged financial difficulties it was not in a position to comply with its contractual obligations. 9. Moreover, the Single Judge noted that the Claimant on 8 July 2014 claimed the further amount of EUR 500,000, based on art. II.3 of the agreement, and took note of the documentation provided by the Claimant in this regard. In particular, the Single Judge took note of the stat sheets provided by the Claimant, from which it can be seen that the player on 24 occasions played at least 25 minutes for the Respondent during the course of the 2013/2014 season. 10. In view of the above and after a thorough analysis of the documentation provided by the Claimant, the Single Judge concluded that the Claimant had substantiated his claim pertaining to the outstanding bonus payment with sufficient documentary evidence. In addition, the Single Judge noted that the Respondent did not provide any comments as to the additional request made by the Claimant pertaining to the aforementioned bonus payment. 11. Consequently, and in accordance with the general principle of pacta sunt servanda, which in essence means that agreements must be respected by the parties in good faith, the Single Judge held that the Respondent must fulfil the obligation it entered into with the Claimant by means of the contract signed between the parties, and therefore, must pay to the Claimant the outstanding transfer compensation agreed upon for the transfer of the player. As a result, the Single Judge decided to accept both requests of the Claimant and concluded that the Respondent has to pay to the Claimant the amounts of EUR 3,400,000 and EUR 500,000 in accordance with articles II.1., II.2. and II.3. of the agreement. 12. In continuation, the Single Judge recalled the Claimant’s request for interest at a rate of 5% p.a. “since the date of the signing of the contract, i.e. 2nd September 2013” on the outstanding amount of EUR 3,900,000. In this regard, the Single Judge noted that according to art. II.4. of the agreement, interests have to be paid by the Respondent before the actual instalments of the transfer compensation have fallen due. In this regard, and based on the longstanding jurisprudence of the Players’ Status Committee, the Single Judge decided that interest cannot be awarded retroactively, i.e. before the outstanding amount was actually due, and hence came to the conclusion that the relevant article II of the agreement cannot be applied. 13. In continuation, the Single Judge recalled that the first instalment which was not fully paid for by the Respondent fell due on 30 September 2013. Moreover, the Single Judge recalled the content of art. II.4. of the agreement according to which the full amount of the outstanding transfer compensation fell due after the expiration of a 15 day grace period, and following a further three period. Consequently, the Single Judge held that an interest at a rate of 5% p.a. on the total amount of EUR 3,900,000 should apply as from 19 October 2013, and not as from 2 September 2013 as requested by the Claimant. 14. In view of all of the above, the Single Judge decided to partially accept the Claimant’s claim and held that the Respondent must pay to the Claimant the amount of EUR 3,900,000, plus interest at a rate of 5% on the aforementioned amount as of 19 October 2013 until the date of effective payment. 15. 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. 16. Taking into account that the responsibility of the failure to comply with the payment of the transfer compensation can entirely be attributed to the Respondent and that the claim of the Claimant has been almost 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 over CHF 3,900,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 17. Considering 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 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, the amount of EUR 3,900,000 plus interest at a rate of 5% p.a. as of 19 October 2013. 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 further claims lodged by the Claimant are rejected. 5. The final amount of costs of the proceedings in the amount of CHF 25,000 are to be paid by the Respondent within 30 days as from the date of notification of the present decision as follows: 5.1. The amount of CHF 5,000 directly to the Claimant. 5.2. The amount of CHF 20,000 to FIFA to the following bank account with reference to case nr. xxxxxxxxx: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under points 2. and 5.1. 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 Markus Kattner Deputy Secretary General Encl. CAS Directives