F.I.F.A. – Commissione per lo Status dei Calciatori (2014-2015) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2014-2015) – 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 10 March 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, Country B as “Claimant” against the club Club C, Country D as “Respondent” regarding a contractual dispute between the parties and relating to the Player E

F.I.F.A. - Commissione per lo Status dei Calciatori (2014-2015) – controversie tra società – ---------- F.I.F.A. - Players’ Status Committee (2014-2015) – 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 10 March 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club Club A, Country B as “Claimant” against the club Club C, Country D as “Respondent” regarding a contractual dispute between the parties and relating to the Player E. I. Facts of the case 1. On 22 August 2012, the Club of Country B, Club A (hereinafter: “the Claimant”), and the Club of Country D, Club C (hereinafter: “the Respondent”), concluded a transfer contract (hereinafter: “the contract”) for the temporary transfer of the Player of Country B, Player E (hereinafter: “the player”), from the Claimant to the Respondent “for the current football season 2012/2013 until 30 June 2013”. 2. Pursuant to article 4 of the contract, the Respondent had to pay to the Claimant for the temporary transfer of the player the amount of EUR 300,000 in four instalments, as follows: (1)EUR 75,000 on 27 August 2012; (2)EUR 100,000 on 30 October 2012; (3)EUR 60,000 on 30 December 2012; (4)EUR 65,000 on 30 March 2013. 3. On 16 January 2013, the Claimant and the Respondent decided to rescind the loan and signed a termination contract (hereinafter: “the termination”), by means of which the Respondent agreed to pay to the Claimant the amount of EUR 125,000, as follows: (1)EUR 75,000 on 31 January 2013 and; (2)EUR 50,000 on 30 May 2013. 4. On 23 September 2013, the Claimant lodged a complaint with FIFA against the Respondent requesting from the latter the payment of EUR 125,000 based on the termination, plus interests as from the respective due dates. 5. In this respect, the Claimant explained to have only received from the Respondent the first instalment agreed upon in the contract amounting to EUR 75,000. The Claimant further alleged that both clubs decided on 16 January 2013 to terminate the loan of the player and to renegotiate a new agreement, i.e. the termination, with a new outstanding loan compensation of EUR 125,000 which took into account the payment of EUR 75,000 already made by the Respondent. 6. In spite of having been asked to do so, the Respondent did not provide its response to the 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 case in hand. In this respect, he took note that the present matter was submitted to FIFA on 23 September 2013. Consequently, the Single Judge concluded that the 2012 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution (hereinafter: “the Procedural Rules”) is applicable to the matter in hand (cf. art. 21 of the Procedural Rules). 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 is competent to deal with the present matter since it concerns 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 confirmed that in accordance with art. 26 par. 1 and 2 of the 2014 and 2012 editions of the Regulations on the Status and Transfer of Players and, considering that the present claim was submitted to FIFA on 23 September 2012, the 2012 edition of the FIFA Regulations on the Status and Transfer of Players (hereinafter: “the Regulations”) is applicable to the case at hand as to the substance. 4. His competence and the applicable regulations having been established, and entering into the substance of the present matter, the Single Judge started by acknowledging the above mentioned facts of the dispute, the arguments of the parties as well as the documentation contained in the file. 5. In doing so and to begin with, the Single Judge noted that on 22 August 2012 the parties to the present dispute had agreed to transfer the player from the Claimant to the Respondent on a loan basis until 30 June 2013 for a total loan compensation of EUR 300,000. 6. Subsequently, the Single Judge acknowledged that on 16 January 2013 the Claimant and the Respondent had decided to rescind the loan of the player and to conclude the termination. The Single Judge remarked that the parties in question had agreed upon an outstanding loan compensation of EUR 125,000 to be paid by the Respondent to the Claimant in two instalments as described in the relevant termination. 7. Furthermore, the Single Judge noted that the Claimant requested the loan compensation of EUR 125,000 based on the termination together with interests. 8. At this stage, the Single Judge observed that the Respondent had never submitted its position to the claim lodged against it by the Claimant, despite having been asked to do so by FIFA. Therefore, the Single Judge concluded that, in this way, the Respondent had renounced to its right of defence and, thus, it had to be assumed that it had accepted the allegations of the Claimant. 9. Bearing in mind the aforementioned, the Single Judge 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 documents on file, in other words, upon the allegations and documents submitted by the Claimant. 10. Having stated the above, the Single Judge was keen to stress that, 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 Respondent must fulfil the obligation it voluntarily entered into with the Claimant. In other words, the Single Judge held that the Respondent must pay to the Claimant the compensation agreed upon in the termination signed with the Claimant in the amount of EUR 125,000. 11. In addition, the Single Judge took note that the Claimant had requested interest over the outstanding amount. In this regard, the Single Judge decided to grant interest at a rate of 5% per year over the relevant two different outstanding instalments as from their respective due dates, i.e. from 1 February 2013 and 31 May 2013 respectively, until the effective date of payments. 12. In view of all the above-mentioned considerations, the Single Judge decided that the claim of the Claimant is accepted and that the Respondent has to pay to the Claimant the total amount of EUR 125,000 as loan compensation, plus interest at a rate of 5% per year over the amount of EUR 75,000 as from 1 February 2013 until the effective date of payment as well as over the amount of EUR 50,000 as from 31 May 2013 until the effective date of payment. 13. 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 the proceedings before the Players? Status Committee, including its Single Judge, costs in the maximum amount of CHF 25,000 are levied. 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. 14. In this regard, the Single Judge reiterated that the Claimant’s request is accepted. Therefore, the Single Judge concluded that the Respondent has to bear the costs of the current proceedings before FIFA. 15. 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. The amount in dispute to be taken into consideration in the present proceedings is of EUR 125,000. Therefore, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 15,000. 16. Considering the particular circumstances of the present matter, bearing in mind that the Respondent did not reply to the claim of the Claimant, the Single Judge determined the costs of the current proceedings to the amount of CHF 15,000 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 A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, Club A, within 30 days as from the date of notification of this decision, the following amounts: • EUR 75,000 plus an interest at a rate of 5% per annum on the said amount from 1 February 2013 until the date of effective payment; • EUR 50,000 plus an interest at a rate of 5% per annum on the said amount from 31 May 2013 until the date of effective payment. 3. If the aforementioned amounts 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 CHF 15,000 are to be paid by the Respondent, Club C, within 30 days as from the date of notification of the present decision, as follows: 4.1 The amount of CHF 4,000 has to be paid directly to the Claimant, Club A. 4.2 The amount of CHF 11,000 has to be paid to FIFA to the following bank account: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. The Claimant, Club A, is directed to inform the Respondent, Club C, directly and immediately of the account number to which the remittance under points 2. and 4.1 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 Markus Kattner Acting Secretary General Encl. CAS Directives