F.I.F.A. – Commissione per lo Status dei Calciatori (2015-2016) – controversie tra società – ———- F.I.F.A. – Players’ Status Committee (2015-2016) – 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 13 October 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club A, country U represented by Mr xxxxx as “Claimant” against the club B, country T as “Respondent” regarding a contractual dispute between the parties and relating to the player S. Player S (Club A, country U/ Club B, country T) I.

F.I.F.A. - Commissione per lo Status dei Calciatori (2015-2016) – controversie tra società – ---------- F.I.F.A. - Players’ Status Committee (2015-2016) – 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 13 October 2015, by Mr Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the club A, country U represented by Mr xxxxx as “Claimant” against the club B, country T as “Respondent” regarding a contractual dispute between the parties and relating to the player S. Player S (Club A, country U/ Club B, country T) I. Facts of the case 1. On 21 August 2012, the club from country U, club A (hereinafter: “the Claimant”) and the club from country T, club B (hereinafter: “the Respondent”) concluded a transfer contract (hereinafter: “the contract”) for the transfer of the player S (hereinafter: “the player”) from Claimant to the Respondent. 2. Article 4 of the contract stated that the parties agreed on a transfer compensation amounting to EUR 3,550,000. 3. Article 5 of the contract stated that the transfer amount of EUR 3,550,000 had to be paid by the Respondent to the Claimant, as follows: EUR 1,100,000 on 25 August 2012 EUR 1,100,000 on 25 August 2013; EUR 1,350,000 on 25 August 2014. 4. On 5 May 2014, the Claimant and the Respondent concluded an “Annex to the Transfer Contract” (hereinafter: “the annex”). 5. Point 1 of the annex established: “Whereas on the article 5 …, was agreed between the parties that B [i.e. the Respondent] will pay on the next 25 August 2014, the total amount of 1.350.000 E … as final payment related the transfer of the referred player”. 6. Point 2 of the annex established: “Whereas, given the current financial situation of the club [i.e. the Respondent], parties has agreed a new schedule of payment, as follow: i) B will pay 675,000 E on the next 15 January 2015; ii) B will pay 675,000 E on the next 15 May 2015”. 7. On 9 February 2015, the Claimant lodged a complaint with FIFA against the Respondent requesting from the latter the payment of the amount of EUR 675,000 which was due on 15 January 2015 according to the annex. 8. The Claimant stated that it accepted a new payment plan of the third instalment by concluding the annex with the Respondent. However, the Respondent did not fulfil its obligations. 9. The Respondent presented its position alleging that, although they had paid several amounts to the Claimant, they were under ongoing financial audits and therefore unable to provide any kind of payment or information whatsoever. Furthermore, the Respondent maintained to have paid an amount of EUR 1,100,000 and enclosed a bank transfer for such amount dated 1 October 2014 in this respect. Player S (Club A, country U/ Club B, country T) 3 10. On 4 June 2015, the Claimant amended its original claim including the second payment of EUR 675,000 agreed upon in point 2 of the annex which was due on 15 May 2015 and remained outstanding by the Respondent. Therefore, the Claimant requested to condemn the Respondent to pay the total amount of EUR 1,350,000. 11. The Respondent did not reply to the latest FIFA?s correspondence although it was informed that, in absence of a reply, the Players’ Status Committee would take a decision on the basis of the information and evidence at disposal. 12. On 1 October 2015, after the closure of investigation, the Claimant informed FIFA that in the month of June 2015, the Respondent paid the first instalment agreed upon in point 2 of the annex amounting to EUR 675,000. Therefore, the Respondent requested an outstanding amount of EUR 675,000which should have been paid on 15 May 2015. II. Considerations of the Single Judge of the Player’s Status Committee 1. First of all, the Single Judge of the Player’s Status Committee (hereinafter: “the Single Judge”) analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 9 February 2015. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2014; hereinafter: “the Procedural Rules”) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the Single Judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (editions 2014 and 2015), and considering that the present claim was lodged on 9 February 2015, the 2014 edition of said regulations (hereinafter: ”the Regulations”) is applicable to the matter at hand as to the substance. 3. Furthermore, the Single Judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 23 par. 1 and par. 3 in conjunction with art. 22 lit. f of the Regulations he is competent to deal with the present matter, which concerns a dispute between two clubs affiliated to different associations. 4. The competence of the Single Judge and the applicable regulations having been established, the Single Judge entered into the substance of the matter. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Single Judge emphasised that in the following considerations he will refer only to the Player S (Club A, country U/ Club B, country T) 4 facts, arguments and documentary evidence, which he considered pertinent for the assessment of the matter at hand. 5. In this regard and to begin with, the Single Judge took note that the Claimant and the Respondent had concluded a transfer contract (hereinafter: “the contract”) in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, the total amount of EUR 3,550,000, payable in three instalments as follows: a) EUR 1,100,000 on 25 August 2012; b) EUR 1,100,000 on 25 August 2013; c) EUR 1,350,000 on 25 August 2014. 6. The Single Judge further acknowledged that the Claimant and the Respondent had concluded an annex to the contract (hereinafter: “the annex”) with the aim to establish a new payment schedule with regard to the last instalment of EUR 1,350,000 agreed upon in the contract. 7. In this respect, the Claimant took note of the fact that the Claimant and the Respondent had agreed in the point 2 of the annex that the remaining amount of EUR 1,350,000 which corresponded to the last instalment of the transfer compensation should be paid by the Respondent in two equal instalments of EUR 675,000 each, on 15 January 2015 and on 15 May 2015, respectively. 8. In continuation, the Single Judge pointed out that the Claimant requested from the Respondent the total amount of EUR 1,350,000, corresponding to the instalments stipulated in the annex. 9. The Single Judge further noted that the Respondent, for its part, presented its position alleging to have already made some payments to the Claimant. The Respondent also maintained not to be in a position to provide further documents as they were under ongoing financial audits. 10. With the aforementioned allegations from the parties in mind, the Single Judge remarked that the Respondent had provided evidence with regard to the payment of EUR 1,100,000 to the Claimant. However, the Single Judge concluded that this payment was related to the second instalment agreed in the contract and thus it was irrelevant to the matter at stake. 11. In continuation, the Single Judge was keen to emphasise that after the closure of investigation phase, the Claimant informed FIFA that the Respondent paid them the amount of EUR 675,000 related to the first instalment established in the annex. 12. Consequently, taking into account the payment of EUR 675,000 already paid to the Claimant as well as the content of the annex concluded by the parties concerned and in accordance with the basic legal principle of pacta sunt servanda, Player S (Club A, country U/ Club B, country T) 5 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 total amount of EUR 675,000. 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 proceedings before the Players’ Status Committee including its Single Judge, costs in the maximum amount of CHF 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. 14. Taking into account that the responsibility of the failure to comply with the payment of the amounts contractually agreed can entirely be attributed to the Respondent and that the Claimant has been the successful party, 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 EUR 1,350,000. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 25,000. 15. Considering the particular circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of CHF 20,000 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, A is accepted. 2. The Respondent, B, has to pay to the Claimant within 30 days as from the date of notification of this decision, the amount of EUR 675,000 as outstanding transfer compensation. 3. If the aforementioned amount is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of the 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 costs of the proceedings in the amount of CHF 20,000 are to be paid by the Respondent within 30 days as from the date of notification of the present decision as follows: 4.1 The amount of CHF 5,000 has to be paid directly to the Claimant. Player S (Club A, country U/ Club B, country T) 6 4.2 The amount of CHF 15,000 has to be paid to FIFA to the following bank account with reference to case nr.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. The Claimant, Nacional de Fútbol, is directed to inform the Respondent, Kasımpaşa SK, directly and immediately of the account number to which the remittances under points 2. And 4.1 above 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 Single Judge of the Players’ Status Committee Markus Kattner Acting Secretary General Encl. CAS Directives