F.I.F.A. – Commissione per lo Status dei Calciatori (2012-2013) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2012-2013) – club vs. club disputes – official version by www.fifa.com – Decision of the Players’ Status Committee passed in Zurich, Switzerland, on 25 September 2012, in the following composition: Theo Zwanziger (Germany), Chairman V. Manilal Fernando (Sri Lanka), Deputy Chairman Chuck Blazer (USA), member Geoff Thompson (England), member Tai Nicholas (New Zealand), member Said Al Masri (Syria), member Aibek Alybaev (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cisse (Senegal), member Luis H. Bedoya (Colombia), member Juan Padron Morales (Spain), member Decio De María (Mexico), member on the claim presented by the club, Club M, country H as Claimant against the club, Club S, country R as Respondent regarding a contractual dispute between the parties relating to the player G

F.I.F.A. - Commissione per lo Status dei Calciatori (2012-2013) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2012-2013) – club vs. club disputes – official version by www.fifa.com – Decision of the Players’ Status Committee passed in Zurich, Switzerland, on 25 September 2012, in the following composition: Theo Zwanziger (Germany), Chairman V. Manilal Fernando (Sri Lanka), Deputy Chairman Chuck Blazer (USA), member Geoff Thompson (England), member Tai Nicholas (New Zealand), member Said Al Masri (Syria), member Aibek Alybaev (Kyrgyzstan), member Norman Darmanin Demajo (Malta), member Aminu Maigari (Nigeria), member Victor Cisse (Senegal), member Luis H. Bedoya (Colombia), member Juan Padron Morales (Spain), member Decio De María (Mexico), member on the claim presented by the club, Club M, country H as Claimant against the club, Club S, country R as Respondent regarding a contractual dispute between the parties relating to the player G I. Facts of the case 1. On 1 July 2011, the Club M from country H (hereinafter: the Claimant), and the Club S from country R (hereinafter: the Respondent), concluded an agreement (hereinafter: the agreement) related to the temporary transfer of the player G (hereinafter: the player) from the Claimant to the Respondent valid as of the day of its signature until 30 June 2012. 2. Article 6 of the agreement provided for a compensation of EUR 20,000, payable as follows: - EUR 10,000 within 15 July 2011; - EUR 10,000 within 30 July 2011. 3. On 16 November 2011, the Claimant lodged a claim with FIFA against the Respondent, in relation with said agreement, arguing that the Respondent had never paid the agreed transfer compensation. 4. In this respect, the Claimant requested the payment of the outstanding compensation in the amount of EUR 20,000 plus interest at the rate of 5% p.a. as of 30 July 2011. Equally, the Claimant requested that the Respondent shall bear all the procedural costs. 5. The Claimant provided several e-mail correspondence exchanged between the Claimant and Respondent for the period from August 2011 to October 2011, from which the Respondent alleged having difficulties in obtaining a work permit for the player. 6. In spite of having been asked by FIFA to do so, the Respondent never responded to the claim lodged against it, although it was informed that, in absence of reply, the Players’ Status Committee would take a decision on the basis of the information and evidence at disposal. II. Considerations of Players’ Status Committee 1. First of all, the Players’ Status Committee analysed which Procedural Rules were applicable to the matter at hand. In this respect, the Players’ Status Committee acknowledged that the present matter was submitted to FIFA on 16 November 2011, thus after 1 July 2008. Consequently, the Players’ Status Committee established that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) was applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the Players’ Status Committee analysed which edition of the Regulations on the Status and Transfer of Players was applicable as to the substance of the matter. In this respect, it referred, on the one hand, to art. 26 par. 1 and 2 of the 2010 edition of the Regulations on the Status and Transfer of Players and, on the other hand, to the fact that the claim was lodged with FIFA on 16 November 2011, thus after 1 October 2010. In view of this, the Players’ Status Committee concluded that the 2010 edition of the FIFA Regulations for the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the case at hand as to the substance. 3. With regard to the competence of the Players’ Status Committee, the latter referred to art. 3 par. 1 of the Procedural Rules which states that the Players’ Status Committee shall examine its jurisdiction in the light of art. 22 to 24 of the Regulations. In accordance with art. 23 par. 1 and 3 as well as art. 22 f) of the Regulations, the Players’ Status Committee decided that it was the competent body to deal with the present litigation involving a club from country H and an club from country R regarding the fulfilment of financial obligations resulting from a transfer agreement. 4. The applicable regulations and the competence of the Players’ Status Committee having been established, the Players’ Status Committee entered into the substance of the matter. The members of the Players’ Status Committee started by acknowledging the above-mentioned facts as well as the arguments and the documentation submitted by the parties. 5. In this respect, the Players’ Status Committee acknowledged that the Claimant lodged a claim against the Respondent, stating that the latter had not fulfilled its payment obligation, and that the Claimant therefore requested payment of the total amount of EUR 20,000, plus 5% interest p.a. as of 30 July 2011. Equally, the Claimant requested that the Respondent shall bear all the procedural costs. 6. In continuation, the Players’ Status Committee noted that the Respondent, in spite of having been invited to do so, did not provide FIFA with his comments pertaining to the present matter. Therefore, the Players’ Status Committee deemed that, by doing so, the Respondent renounced to its right to defence and accepted the allegations of the Claimant. 7. As a consequence, the Players’ Status Committee referred to art. 9 par. 3 of the Procedural Rules and pointed out that in the present matter a decision shall be taken upon the basis of the documentation on file, in other words upon the documents and allegations provided by the Claimant. 8. Bearing in mind the aforementioned, the Players’ Status Committee went on to establish whether there was any payment due by the Respondent to the Claimant, based on the transfer agreement in question. 9. In this respect, the Players’ Status Committee established that the parties concluded, on 1 July 2011, an agreement regarding the temporary transfer of the player from the Claimant to the Respondent valid from 1 July 2011 until 30 June 2012. Furthermore, the Players’ Status Committee noted that the agreement provided for a transfer compensation in the amount of EUR 20,000, to be paid in two instalments as follows: - EUR 10,000 within 15 July 2011; - EUR 10,000 within 30 July 2011. 10. In view of the above, the Players’ Status Committee recalled that the Claimant stated that the Respondent had not made any payment of said transfer compensation. 11. Taking into account the above-mentioned, the Players’ Status Committee concluded that the Respondent had to pay to the Claimant the amount of EUR 20,000, as stipulated in the agreement. 12. As to the claimed interests on said amount, the Players’ Status Committee took note that the Claimant claimed interest as from 30 July 2011. In this respect, the Players’ Status Committee recalled the general rule that interest can be claimed as from the first day after the respective due date of each installment. 13. Consequently, and taking into account the claim of the Claimant, the Players’ Status Committee decided to partially accept the Claimant’s claim, and established that the Respondent had to pay to the Claimant the total amount of EUR 20,000 plus 5% interest p.a. as follows: - 5% p.a. as of 30 July 2011 over the amount of EUR 10,000; - 5% p.a. as of 31 July 2011 over the amount of EUR 10,000. 14. Lastly, the Players’ Status Committee 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. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings (cf. art. 18 par. 1 of the Procedural Rules). 15. In respect of the above, and taking into account that the claim of the Claimant has been partially accepted, the Players’ Status Committee concluded that the procedural costs are to be borne by the Respondent. 16. According to Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 17. On that basis, the Players’ Status Committee held that the amount to be taken into consideration in the present proceedings is EUR 20,000 related to the claim of the Claimant. Consequently, the Players’ Status Committee concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 18. Considering that the case at hand allowed to be dealt with following a reasonable procedure and did not pose particular factual difficulty, but that it was adjudicated by the Players’ Status Committee in corpore and not by a Single Judge, the Players’ Status Committee determined the costs of the current proceedings to the amount of CHF 2,000. 19. In this respect, the Players’ Status Committee took into account that the Claimant had already paid an advance of costs in the amount of CHF 1,000 in accordance with art. 17 of the Procedural Rules. Therefore, the Players’ Status Committee decided that the amount of CHF 1,000 has to be paid by the Respondent directly to the Claimant and that the amount of CHF 1,000 has to be paid by the Respondent directly to FIFA. 20. Overall, and taking into account all of the above, the Players’ Status Committee decided that the claim of the Claimant was partially accepted and that any further claims of the Claimant are rejected. III. Decision of the Players’ Status Committee 1. The claim of the Claimant, Club M, is partially accepted. 2. The Respondent, Club S, has to pay to the Claimant, Club M, within 30 days as from the date of notification of this decision, the amount of EUR 20,000 plus interest at 5% p.a. until the date of effective payment as follows: - 5% p.a. as of 30 July 2011 over the amount of EUR 10,000; - 5% p.a. as of 31 July 2011 over the amount of EUR 10,000. 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. The final amount of costs of the proceedings in the amount of CHF 2,000 is to be paid by the Respondent, Club S, within 30 days as from the notification of the present decision as follows: 4.1 The amount of CHF 1,000 has to be paid to FIFA to the following bank account with reference to case nr. xxxxxxxxxxx: Bank name Account number xxxxxxxxx (FIFA Players’ Status) Clearing number xxxx IBAN: xxxxxxxxxxxx SWIFT:xxxxxxxxxxxxx 4.2 The amount of CHF 1,000 has to be paid directly to the Claimant, Club M. 5. Any further claims lodged by the Claimant, Club M, are rejected. 6. The Claimant, Club M, is directed to inform the Respondent, Club S, immediately and directly of the account number to which the remittances 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. 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 Players’ Status Committee Jérôme Valcke Secretary General Encl. CAS directives