F.I.F.A. – Commissione per lo Status dei Calciatori (2013-2014) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2013-2014) – club vs. club disputes – official version by www.fifa.com – Decision of theSingle Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 23 April 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club T, from country A as Claimant against the club Club P, from country G as Respondent regarding a contractual dispute between the parties and relating to the player S

F.I.F.A. - Commissione per lo Status dei Calciatori (2013-2014) – controversie tra società – ---------- F.I.F.A. - Players' Status Committee (2013-2014) – club vs. club disputes – official version by www.fifa.com – Decision of theSingle Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 23 April 2014, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club T, from country A as Claimant against the club Club P, from country G as Respondent regarding a contractual dispute between the parties and relating to the player S I. Facts of the case 1. On 23 July 2010, Club T, from country A (hereinafter: “the Claimant”) and the Club P, from country G (hereinafter: “the Respondent”) allegedly signed a transfer agreement for the transfer of the player S (hereinafter: “the player”), from the Claimant to the Respondent. 2. On 26 March 2012, the Claimant and the Respondent signed a private agreement for the acknowledgement of the debt in the amount of EUR 65,000 corresponding to the outstanding instalment of the transfer fee agreed for the transfer of the player from the Claimant to the Respondent. 3. Par. 7 of the private agreement reads as follows: “Club P expressly and unreservedly declares that it will pay in instalments the said amount to [Club T] in the way and time set below: a. The amount of thirteen thousand euros (€13.000,00) payable on 30/06/2012 b. The amount of thirteen thousand euros (€13.000,00) payable on 30/09/2012 c. The amount of thirteen thousand euros (€13.000,00) payable on 30/10/2012 d. The amount of thirteen thousand euros (€13.000,00) payable on 30/11/2012 e. The amount of thirteen thousand euros (€13.000,00) payable on 30/12/2012”. 4. On 29 May 2013, the Claimant filed a claim against the Respondent before FIFA requesting the payment of the second instalment of the transfer fee, amounting to EUR 65,000. 5. On 22 July 2013, and upon FIFA administration request, the Claimant stated that it does no longer have a copy of the transfer agreement, since it allegedly gave it to the Respondent when they signed the private agreement. 6. On 12 November 2013, the Respondent informed that it was not in a position to pay the outstanding payment due to lack of funds as well as that it was willing to reach an amicable settlement. 7. In addition, the Respondent requested to the Claimant to provide it with a copy of the transfer agreement. 8. On 29 January 2014, the Claimant informed FIFA that “until today no one has approached our Club to find or propose a solution” and insisted in its claim. 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 in hand. In this respect, he referred to art. 21 par. 2 and 3 of the 2012 and 2008 editions of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber. Consequently, and since the present matter was submitted to FIFA on 29 May 2013, the Single Judge concluded that 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 present matter. 2. Furthermore, the Single Judge confirmed that, on the basis of art. 3 par. 1 of the Procedural Rules in connection with art. 23 par. 1 and 3 as well as art. 22 f) of the 2012 edition of the Regulations on the Status and Transfer of Players, he was competent to deal with the present matter since it concerned a dispute between two clubs affiliated to different associations. 3. Subsequently, 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 referred to art. 26 par. 1 of the 2012 and 2010 editions of the Regulations on the Status and Transfer of Players and again to the fact that the claim was lodged before FIFA on 29 May 2013. In view of this, the Single Judge concluded that the 2012 edition of the FIFA Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter as to the substance. 4. His competence 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 provided by the parties and the documentation contained in the file. 5. In this respect, and first of all, the Single Judge noted that, according to the Claimant, the parties had concluded on 23 July 2010 a contract for the definitive transfer of the player from the Claimant to the Respondent. Furthermore, the Single Judge remarked that on 26 March 2012 the parties entered into a private agreement in which the Respondent “expressly and unreservedly declares that will pay in instalments the (…) amount [of EUR 65,000] to [the Claimant]”. 6. Furthermore, the Single Judge reverted to the submissions of the parties and underlined, in particular, that both the Claimant and the Respondent affirmed not having a copy of the transfer agreement dated 23 July 2010. On the other hand, the Single Judged underscored that, during the proceedings, the Respondent had acknowledged that the amount of EUR 65,000 remained outstanding and that it attempted to solve the matter amicably. In addition, the Single Judge underlined that, eventually, no amicable settlement was reached between the parties and consequently, the Claimant had requested FIFA to pass a formal decision in the present matter. 7. In view of the above 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. 8. In view of all of the above, the Single Judge decided to accept the Claimant’s claim and held that the Respondent must pay to the Claimant the amount of EUR 65,000. 9. 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 currency of country H 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. 10. 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 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 currency of country H 65,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 10,000. 11. Considering the particular circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of currency of country H 8,000 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 T, is accepted. 2. The Respondent, Club P, has to pay to the Claimant, the amount of EUR 65,000 within 30 days as from the date of notification of this decision. 3. If the aforementioned sum is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of expiry of the fixed time limit and 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 currency of country H 8,000 are to be paid by the Respondent within 30 days of notification of the present decision as follows: 4.1. The amount of currency of country H 6,000 to FIFA to the following bank account with reference to case nr.: 4.2. The amount of currency of country H 2,000 directly to the Claimant. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is 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