The case involves a dispute between Genoa Cricket and Football Club S.p.A. (Genoa) and Club Deportivo Maldonado (Maldonado) over the transfer of a player, R., from Maldonado to Genoa. The conflict arose from Genoa's failure to pay the full transfer fee of EUR 750,000 as agreed in a 2004 transfer agreement, with only EUR 250,000 paid. Maldonado filed a claim with FIFA’s Players’ Status Committee (PSC), which ruled in its favor, ordering Genoa to pay the outstanding EUR 500,000 plus interest. Genoa appealed to the Court of Arbitration for Sport (CAS), introducing new arguments not previously raised before the PSC, including claims about third-party ownership of R.'s economic rights.
The CAS addressed two key legal issues. First, it confirmed that parties in an appeal arbitration can raise new facts and arguments, as the case is reviewed de novo, unless explicitly agreed otherwise. Second, it determined that Swiss law governs the dispute, as per Article 60(2) of the FIFA Statutes, which designates FIFA regulations and Swiss law as the applicable legal framework. The background revealed that R., an Argentine player, was under contract with Maldonado in Uruguay, and his transfer rights had been assigned to third parties. Genoa and Maldonado entered into a transfer agreement in 2004, with Genoa committing to pay the fee in installments. Genoa failed to meet the payment schedule, prompting Maldonado to seek FIFA’s intervention. During PSC proceedings, Genoa did not contest the debt but cited financial difficulties, requesting deferred payment. The PSC ruled in Maldonado’s favor, emphasizing Genoa’s admitted obligation.
In its appeal, Genoa argued that Maldonado misrepresented ownership of R.'s transfer rights and sought reimbursement of the EUR 250,000 already paid. The CAS noted these arguments were permissible under its procedural rules. The panel examined the validity of the transfer agreement, finding that Maldonado was entitled to transfer R., as he was a registered player under contract with the club at the time. The panel upheld the PSC’s decision, ruling that Genoa must pay the outstanding EUR 500,000 plus 5% annual interest from the due dates specified in the agreement, as per Swiss law. The interest was calculated on portions of the debt starting from various dates in 2004 and 2005.
The CAS panel’s decision reinforced the enforceability of transfer agreements and the consequences of non-compliance with payment obligations. It dismissed Genoa’s appeal, confirmed the PSC’s ruling, and ordered the payment of the specified amounts plus interest. The case highlights the complexities of football transfer regulations, particularly concerning third-party influence and contractual obligations, and underscores the CAS’s role in reviewing disputes comprehensively under Swiss law and FIFA regulations. The outcome emphasizes the importance of adhering to contractual terms in international football transfers.