The case involves a dispute between A.C. Siena S.p.A. (Siena) and Clube Desportivo Nacional (Nacional) concerning a football player transfer agreement. On August 7, 2012, the clubs signed an agreement for the transfer of player Luis Carlos Novo Neto from Nacional to Siena for €1,650,000. The agreement included a clause requiring Siena to pay Nacional 30% of any future transfer fee received for the player. On January 30, 2013, Siena transferred the player to FC Zenit Saint Petersburg for €5,850,000, with FC Zenit paying €4,350,000 on February 8, 2013. Nacional demanded 30% of this amount (€1,305,000) from Siena, but Siena failed to pay, prompting Nacional to file a claim with FIFA on March 15, 2013. FIFA’s Single Judge ruled in favor of Nacional on June 5, 2013, ordering Siena to pay the €1,305,000 plus 5% annual interest from February 9, 2013, until payment.
Siena appealed to the Court of Arbitration for Sport (CAS) on August 19, 2013, arguing the appeal was timely and disputing the interpretation of the agreement. Siena sought to overturn FIFA’s decision, claiming no payment was owed and requesting Nacional cover legal costs. Nacional countered that the appeal was time-barred and asked for FIFA’s decision to be upheld. The CAS Sole Arbitrator, José Juan Pintó, examined the case, focusing on the appeal’s admissibility and the agreement’s terms. The arbitrator found Siena’s appeal was filed on time, as evidenced by courier documentation. On the merits, the arbitrator ruled the clause requiring Siena to pay Nacional 30% of future transfer fees was clear and enforceable, upholding FIFA’s decision.
The proceedings highlighted disagreements over payment timing and calculation. Siena argued payment was due only after receiving the full transfer fee from FC Zenit and should be based on net profit, not the gross amount. Nacional insisted payment was due immediately upon receipt of partial payments. The arbitrator rejected Siena’s arguments, emphasizing the agreement’s unambiguous language. The final ruling, communicated on December 13, 2013, confirmed Siena’s obligation to pay Nacional €1,305,000 plus interest and dismissed all other claims. The case underscores the importance of clear contractual terms in football transfers and the enforceability of such agreements under FIFA and CAS jurisdiction. It also illustrates the procedural complexities of CAS arbitration and the strict adherence to contractual interpretations in resolving disputes.