F.I.F.A. – Players’ Status Committee / Commissione per lo Status dei Calciatori – club vs club disputes / controversie tra società – (2019-2020) – fifa.com – atto non ufficiale – Decision 25 May 2020
Decision of the Single Judge
of the Players’ Status Committee
passed on 25 May 2020,
by
Mr Roy Vermeer (The Netherlands)
Single Judge of the Players’ Status Committee,
on the claim presented by the club,
Rayados de Monterrey, Mexico,
represented by Mr Juan Manuel López Ruiz
as Claimant
against the club,
CD Popular Junior F.C., S.A., Colombia
as Respondent
regarding a contractual dispute between the parties
in connection with the player Yimmi Javier Chará Zamora
I. Facts of the case
1. On 12 June 2017, the Mexican club, CF Rayados de Monterrey (hereinafter: the Claimant) and
the Colombian club, CD Popular Junior FC (hereinafter: the Respondent), signed a transfer
agreement regarding the transfer of the player Yimmi Javier Chará Zamora (hereinafter: the
player) from the Claimant to the Respondent.
2. Pursuant to clause 3 of the transfer agreement, the Respondent undertook to pay to the
Claimant the total amount of USD 4,500,000, payable as follows:
a) USD 2,000,000, 72 hours after the successful medical exams of the player with the
Respondent;
b) USD 1,250,000 at the latest on 30 June 2018;
c) USD 1,250,000 at the lasts on 30 June 2019.
3. By correspondence dated 6 November 2019, the Claimant put the Respondent in default of
payment of the amount of USD 1,250,000, corresponding to the third instalment of the
transfer fee (cf. point I.2. above), setting a time limit of 10 days in order to remedy the default.
4. On 24 November 2019, the Claimant lodged a claim against the Respondent in front of FIFA
asking that the Respondent be ordered to pay to it overdue payables in the amount of USD
1,250,000, corresponding to the third instalment of the transfer fee as per the transfer
agreement.
5. The Claimant further asked to be awarded interest of 5% p.a. as from the date of default
until the date of effective payment, as well as payment of procedural costs.
6. On 2 March 2020, the Respondent sent a correspondence to FIFA claiming to have paid the
amounts due, which was, as inquired by FIFA, duly recognized by the Claimant.
7. Accordingly, the Claimant amended its requests for relief, and sought the payment of USD
53,070.83 corresponding to the 5% annual interest, as well as payment of CHF 25,000 as
procedural costs.
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 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 24 November 2019 and decided on 25
May 2020. Consequently, the 2019 edition of the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural
Rules) is 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. 4 in conjunction with art. 22 lit. f of
the Regulations on the Status and Transfer of Players (edition March 2020) 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 March 2020), and
considering that the present claim was lodged on 24 November 2019, the June 2019 edition
of the Regulations on the Status and Transfer of Players (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 transfer agreement regarding the transfer of the player, pursuant to which the
Respondent undertook to pay to the Claimant the total amount of USD 4,500,000 in three
instalments, the last of which amounted to USD 1,250,000 and fell due on 30 June 2019.
6. The Single Judge further acknowledged that, on 24 November 2019, the Claimant lodged a
claim against the Respondent in front of FIFA, maintaining that the Respondent had overdue
payables towards it in the total amount of USD 1,250,000, corresponding to the third
instalment of the transfer fee as per the transfer agreement.
7. The Single Judge further observed that the Claimant asked to be awarded 5% interest p.a. as
of 30 June 2019 until the date of effective payment.
8. In this context, the Single Judge took particular note of the fact that, on 2 March 2020, the
Respondent sent a correspondence to FIFA claiming to have paid the amounts due, which was
duly recognized by the Claimant.
9. Accordingly, the Single Judge observed that the Claimant amended its requests for relief, and
sought the payment of USD 53,070.83 corresponding to the 5% annual interest allegedly due
by the Respondent, as well as payment of CHF 25,000 as procedural costs.
10. Consequently, the Single Judge observed that the claim at hand, as directed by the Claimant,
is a claim for payment of interest only, as well as procedural costs.
11. In this sense, the Single Judge turned his attention to the transfer agreement executed
between the parties, and noted that no disposition is found in such document by means of
which the parties agreed on the application of interests in case of default or late payment by
the Respondent.
12. What is more, the Single Judge recalled that the Claimant acknowledged having received the
principal amount due by the Respondent in line with the aforementioned transfer agreement.
13. Lastly, the Single Judge recalled the longstanding and well-established practice of the Players’
Status Committee, according to which, in the absence of a contractual stipulation foreseeing
the application of interests in case of default or late payment, it shall not deal with the claim
for interest only where the main amount has been paid.
14. Consequently, in light of the foregoing circumstances, the Single Judge decided that the claim
of the Claimant for interests only shall be rejected.
15. In continuation, turning to the amount of CHF 25,000 requested by the Claimant as
procedural costs, the Single Judge recalled the contents of article 18 par. 4 of the Procedural
Rules as well as the longstanding and well-established practice of the Players’ Status
Committee, and decided to also reject such request.
16. 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 according to which 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.
17. Taking into account that the responsibility of the failure to comply with the payment of the
amount as agreed in the transfer agreement can entirely be attributed to the Respondent,
and that such amount was only paid to the Claimant after the claim was lodged, but also that
the claim has been rejected on the grounds outlined above, the Single Judge concluded that
the Claimant and the Respondent have 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 USD 53,070.83.
Consequently, the Single Judge concluded that the maximum amount of costs of the
proceedings corresponds to CHF 10,000.
18. In light of the above, 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 in equal parts by the
Claimant and the Respondent in order to cover the costs of the present proceedings. Lastly,
the Single Judge decided that any amount paid by the parties as advance of costs should be
accounted for in determining the final costs of the proceedings, in line with article 15 par. 5
of the Procedural Rules.
*****
III. Decision of the Single Judge of the Players’ Status Committee
1. The claim of the Claimant, Rayados de Monterrey, is rejected.
2. The final amount of costs of the proceedings of CHF 10,000 are to be paid by the parties in
equal shares within 45 days as from the date of notification of the present decision as
follows:
a) The amount of CHF 5,000, which has to be paid by Claimant, is offset against the advance
of costs paid;
b) The amount of CHF 5,000 has to be paid to FIFA by the Respondent, CD Popular Junior
F.C., S.A., to the following bank account with reference to case nr. 19-02170/eam:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
3. In the event that the aforementioned amount of costs is not paid within the stated time limit,
the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for
consideration and a formal decision.
*****
Note relating to the motivated decision (legal remedy):
According to article 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.
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
For the Single Judge
of the Players’ Status Committee:
Emilio García Silvero
Chief Legal & Compliance Officer