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 Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 19 March 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club A, from country C as Claimant against the club, Club P, from country B as Respondent regarding a contractual dispute between the parties relating to the player N

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 Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 19 March 2013, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club, Club A, from country C as Claimant against the club, Club P, from country B as Respondent regarding a contractual dispute between the parties relating to the player N I. Facts of the case 1. On 20 January 2012, Club A, from country C (hereinafter: the Claimant) and Club P, from country B (hereinafter: the Respondent), concluded a transfer agreement (hereinafter: the agreement) for the transfer of the player N (hereinafter: the player), from the Claimant to the Respondent. 2. The agreement provided a transfer compensation of EUR 250,000 net, payable in ten equal monthly instalments of EUR 25,000 each, the first one being payable until 1 February 2012. In addition to that, it was agreed upon that “in the event that any payment is delayed for more than 20 (twenty) days, [the Respondent] should pay an interest of 5% per annum only on the delayed instalment.” 3. On 24 May 2012, the Claimant lodged a claim at FIFA against the Respondent requesting the amount of EUR 250,000, indicating that the Respondent had not yet made any payments to the Claimant. Subsequently, after having received the amount of EUR 192,797.50 from the Respondent during the proceedings in front of FIFA (EUR 122,797 paid on 1 July 2012 and EUR 70,000 paid on 1 October 2012), the Claimant amended its claim on 7 February 2013 requesting payment of the remaining amount of EUR 57,202 “plus 5% interest as from 1 December 2012 until final settlement”, as well as payment of the amount of EUR 2,588 “as interest for delayed payments of EUR 192,797” and legal fees. 4. In spite of having been asked to do so, the Respondent never provided FIFA with its position on the claim of the Claimant, although it had been informed that, in absence of a reply, a decision would be taken on the basis of documents already on file. 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 Procedural Rules were applicable to the matter at hand. In this respect, he 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 2008; hereinafter: the Procedural Rules) as well as to the fact that the present matter was submitted to FIFA on 24 May 2012, thus after 1 July 2008. Therefore, the Single Judge concluded that the 2008 edition of the Procedural Rules is applicable to the matter at hand. 2. Subsequently, the Single Judge 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, he referred, on the one hand, to art. 26 par. 1 and 2 of the 2010 and 2012 editions of the Regulations on the Status and Transfer of Players and, on the other hand, to the fact that the claim was lodged in front of FIFA on 24 May 2012. In view of the foregoing, the Single Judge concluded that the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the case at hand as to the substance. 3. Furthermore, the Single Judge confirmed that, on the basis of art. 3 par. 1 and par. 2 of the Procedural Rules in connection with art. 23 par. 1 and par. 3 as well as art. 22 lit. f) of the Regulations, he was competent to deal with the present matter since it concerned a dispute between two clubs affiliated to two different associations. 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. 5. First of all, the Single Judge noted that the Claimant was pursuing three different claims against the Respondent; one claim for the payment of EUR 57,202 plus interest at the rate of 5% p.a. on said amount until the date of effective payment, pursuant to the agreement signed between the Claimant and the Respondent, a second claim for the amount of EUR 2,588 as interest for the delayed payment of the amounts paid during the present proceedings, as well as a third claim regarding the reimbursement of legal fees. 6. In turn, the Single Judge noted that the Respondent, although having been invited to do so, never provided FIFA with its position in connection with the claim lodged by the Claimant regarding the present matter. Therefore, the Single Judge deemed that, in this way, the Respondent renounced to its right of defence and accepted the allegations of the Claimant (cf. art. 9 par. 3 of the Procedural Rules). 7. On account of the above, the Single Judge acknowledged that it was undisputed between the parties that, on 20 January 2012, a transfer agreement was concluded relating to the transfer of the player from the Claimant to the Respondent for a transfer fee of EUR 250,000. 8. Furthermore, the Single Judge observed that the Respondent on 1 July 2012 had paid to the Claimant the amount of EUR 122,797 and on 1 October 2012 the amount of EUR 70,000, summing up to a total amount of EUR 192,797. 9. In addition to that, the Single Judge noted that, in the agreement, the parties agreed that in the event of a delayed payment for more than 20 days, an interest rate of 5% p.a. would apply. 10. In this respect, taking into account the claim of the Claimant as well the absence of any reply of the Respondent in connection to such claim, the Single Judge ruled that the Respondent had failed to respect the terms of the transfer agreement it had entered into with the Claimant on 20 January 2012. 11. Consequently, the Single Judge held that, 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 Respondent has to fulfill its contractual obligations towards the Claimant. Therefore, the Single Judge decided to accept the first two claims of the Claimant, including the interests requested on the first claim, and held that the Respondent has to pay to the Claimant the amount of EUR 57,202 plus default interest as of 1 December 2012 until the date of effective payment as well as the amount of EUR 2,588 as interest for the delayed payments. 12. Finally, the Single Judge examined the Claimant’s claim for the reimbursement of its legal fees related to the procedures. In this regard, the Single Judge referred to art. 18 par. 4 of the Procedural Rules, according to which no procedural compensation shall be awarded in proceedings of the Players’ Status Committee. As a consequence of the above, the Single Judge decided that this part of the Claimant’s claim was to be rejected. 13. Lastly, 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 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 (cf. art. 18 par. 1 of the Procedural Rules). 14. In respect of the above, the Single Judge concluded that the Respondent has to bear the full costs of the current proceedings before FIFA. 15. 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 250,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 25,000. 16. In conclusion, and considering the behaviour of the Respondent during the proceedings, the Single Judge determined the costs of the current proceedings to the amount of currency of country H 9,000. Furthermore, and in line with his aforementioned considerations and taking into account the degree of success, the Single Judge of the Players’ Status Committee decided that the amount of currency of country H 9,000 has to be paid by the Respondent. ** 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 P, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 57,202 plus 5% interest p.a. on said amount as of 1 December 2012 until the date of effective payment. 3. The respondent has to pay to the Claimant the amount of EUR 2,588, within 30 days as from the date of notification of this decision. 4. In the event that the amounts due to the Claimant in accordance with the above- mentioned numbers 2. and 3. are not paid by the Respondent within the stated time limits, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee, for consideration and a formal decision. 5. Any further claim lodged by the Claimant is rejected. 6. The final costs of the proceedings in the amount of currency of country H 9,000 are to be paid by the Respondent within 30 days as from the notification of the present decision as follows: 6.1 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. XX-XXXXX: 6.2 The amount of currency of country H 5,000 has to be paid directly to the Claimant. 7. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances 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: Jérôme Valcke Secretary General Encl. CAS Directives