F.I.F.A. – Commissione per lo Status dei Calciatori (2012-2013) – controversie agenti di calciatori – ———- F.I.F.A. – Players’ Status Committee (2012-2013) – 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 23 April 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players’ Agent D, from country S as “Claimant” against the club Club A, from country G as “Respondent” regarding a contractual dispute arisen between the parties.

F.I.F.A. - Commissione per lo Status dei Calciatori (2012-2013) – controversie agenti di calciatori – ---------- F.I.F.A. - Players' Status Committee (2012-2013) – 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 23 April 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the Players’ Agent Players’ Agent D, from country S as “Claimant” against the club Club A, from country G as “Respondent” regarding a contractual dispute arisen between the parties. I. Facts of the case 1. On 30 June 2011, Club A, from country G (hereinafter: the Respondent) and the company “Sport and More LLC […] duly represented herein by its General Manager Mr Players’ Agent D ” concluded a “PRIVATE AGREEMENT OF SETTLEMENT OF DEPT-TERMINATION” (hereinafter: the agreement), under the terms of which the parties agreed to cancel the “Private Agreement” dated 4 June 2010 and in which the Respondent undertook “the obligation to pay to the Agent 2 [i.e. Players’ Agent D] the total amount of EUR 15,000 net as compensation for the premature termination of the ‘Private Agreement’” as well as to pay the total amount of EUR 35,000 net as commission for the transfer of the player L [i.e. the player] as follows: EUR 10,000 on 15 July 2011 EUR 10,000 on 15 September 2011 and EUR 15,000 on 15 October 2011. 2. On 20 February 2012, the Respondent and the players’ agent D (hereinafter: the Claimant), licensed by the Football Association of country S, signed a “settlement agreement” (hereinafter: the settlement agreement), in which the Respondent acknowledged its debts of EUR 35,000 net towards the Claimant representing the outstanding commission for the transfer of the player to the Respondent. According to the settlement agreement, two instalments of EUR 17,500 each had to be paid to the Claimant on 20 March 2012 and 10 May 2012 respectively. 3. On 27 January 2012, the Claimant lodged a claim in front of FIFA against the Respondent and argued that the latter had not paid him the amount of EUR 35,000 agreed upon in the agreement for his services rendered in connection with the transfer of the player to the Respondent. 4. On 23 February 2012, the Claimant informed FIFA about the conclusion of the settlement agreement and asked FIFA to “suspend the proceedings” until further notice. 5. On 18 April 2012 as well as on 6 June 2012, the Claimant informed FIFA that the Respondent had still not paid anything to him. 6. Consequently, the Claimant requested FIFA to condemn the Respondent to pay him the total sum of EUR 35,000 based on the settlement agreement, together with 5% interest on EUR 17,500 as from 20 March 2012 as well as 5% interest on EUR 17,500 as from 10 May 2012. 7. Although the Respondent was invited to provide its position in response to the claim, it did not submit any comments in the matter at stake. II. Considerations of the Single Judge of the Players’ Status Committee 1. First of all, the Single Judge of the Players’ Status Committee (hereinafter also referred to as: the Single Judge) analysed which procedural rules are applicable to the matter in hand. In this respect, the Single Judge 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). In view of the fact that the present matter was submitted to FIFA on 27 January 2012, the Single Judge concluded that the 2008 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. 2. Subsequently, the Single Judge analysed which edition of the FIFA Players’ Agent 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 27 January 2012, the current edition of the Players’ Agents Regulations (edition 2008; hereinafter: the Regulations) is applicable to the matter in 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 those individuals who hold a valid players’ agent licence issued by the relevant member Association. 4. The Single Judge continued his deliberations by indicating that the present matter concerns a dispute between a players’ agent licensed by the Football Association of country S and a country G club, regarding an alleged outstanding commission. 5. As a consequence, the Single Judge of the Players’ Status Committee is the competent body 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 present matter, the Singe Judge started by acknowledging the established facts of the case as well as the documents contained in the file. In this respect, the Single Judge noted that, on 20 February 2012, the Claimant and the Respondent had concluded a settlement agreement in which the Respondent had acknowledged its debts of EUR 35,000 toward the Claimant representing the outstanding commission in relation with the transfer of the player to the Respondent. 7. Furthermore, the Single Judge acknowledged that the settlement agreement stipulated that the total amount of EUR 35,000 had to be paid in two instalments of EUR 17,500 each on 20 March 2012 as well as on 10 May 2012 respectively. 8. In continuation, the Single Judge also remarked that the Respondent had not submitted any comments in response to the claim lodged against it by the Claimant. Consequently, the Single Judge deemed that, by acting in this way, the Respondent had renounced to its right of defence and it had therefore to be assumed that the Respondent had accepted the allegations of the Claimant. 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 Single Judge held that the Claimant is entitled to receive from the Respondent the amount of EUR 35,000 as commission pursuant to the settlement agreement. 10. Additionally, and taking into account that according to the settlement agreement the amount requested had to be paid in two instalments of EUR 17,500 each, i.e. on 20 March 2012 and on 10 May 2012 respectively, the Single Judge decided that the Respondent has to pay to the Claimant default interest of 5% per year on the amount of EUR 17,500 as from 21 March 2012 and on the amount of EUR 17,500 as from 11 May 2012. 11. In view of all the above, the Single Judge 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 an amount of EUR 17,500, plus 5% interest per year from 21 March 2012 until the date of effective payment as well as a sum of EUR 17,500, plus 5% interest per year from 11 May 2012 until the date of effective payment. 12. Finally, the Single Judge 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, including the Single Judge, costs in the maximum amount of currency of country H 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. 13. On account of the above and considering that the claim of the Claimant has been fully accepted, the Single Judge 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 Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 35,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 5,000. 14. In conclusion, and in view of the circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of currency of country H 5,000. Consequently, the Single Judge of the Players’ Status Committee decided that the amount of currency of country H 5,000 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, Players’ Agent D, is accepted. 2. The Respondent, Club A, has to pay to the Claimant, Players’ Agent D, within 30 days as from the date of notification of the present decision, the following amounts as outstanding commission: a. EUR 17,500 plus an interest at a rate of 5% per year on the said amount from 21 March 2012 until the date of effective payment; b. EUR 17,500 plus an interest at a rate of 5% per year on the said amount from 11 May 2012 until the date of effective payment; 3. If the aforementioned sums, plus interest, are 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 currency of country H 5,000 are to be paid by the Respondent, Club A, within 30 days as from the date of notification of the present decision as follows: 4.1 The amount of currency of country H 4,000 has to be paid to FIFA to the following bank account with reference to case nr. : 4.2 The amount of currency of country H 1,000 has to be paid directly to the Claimant, Players’ Agent D. 5. The Claimant, Players’ Agent D, is directed to inform the Respondent, Club A, 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 Single Judge of the Players’ Status Committee Jérôme Valcke Secretary General Encl. CAS directives