The case involves a dispute between Bologna FC 1909 and Club Atlético River Plate over a player transfer agreement and related solidarity contributions, adjudicated by the Court of Arbitration for Sport (CAS). The dispute originated from a loan agreement signed in 2009, which included an option for Bologna to purchase the player permanently for €2,400,000, along with a 30% sell-on clause for River Plate if the player was later transferred. Subsequent agreements modified the terms, including a 2010 deal where River Plate sold 50% of its sell-on right to Bologna for €1,000,000. River Plate filed a claim with FIFA in 2011, alleging non-payment by Bologna. The FIFA Players’ Status Committee (PSC) ruled in favor of River Plate in 2013, ordering Bologna to pay €1,948,080 plus interest and costs. Bologna appealed to CAS, arguing the PSC misinterpreted the contractual terms and overstepped its jurisdiction.
The CAS proceedings involved procedural disputes, including Bologna’s request for an extension to file its appeal, which River Plate contested. The Sole Arbitrator, Mark Hovell, upheld the admissibility of the appeal and examined the substantive issues. The core dispute revolved around whether the transfer fee included solidarity contributions to training clubs, as per FIFA regulations. Bologna argued the PSC incorrectly deducted partial solidarity contributions, while River Plate claimed entitlement to a higher share. The arbitrator noted that disputes over training periods and contributions fell under FIFA’s Dispute Resolution Chamber (DRC) jurisdiction but ruled on the undisputed portions.
The arbitrator determined the total transfer fee was €3.4 million (€2.4 million initial fee and €1 million for future rights), with a 5% solidarity contribution (€170,000). River Plate was entitled to at least 1.16% (€39,440), with the remaining €130,560 to be allocated by the FIFA DRC. After accounting for prior payments, Bologna was ordered to pay River Plate €19,720 in solidarity contributions and the outstanding transfer balance of €1.9 million, totaling €1,919,720. The arbitrator declined to award additional interest, as River Plate had not appealed the original FIFA decision on this point. The ruling annulled the FIFA decision and replaced it with the CAS award, instructing Bologna to settle the remaining solidarity obligations as determined by the FIFA DRC.
The case highlights the complexities of football transfer agreements, the jurisdictional boundaries between FIFA bodies, and the importance of precise contractual language. It underscores the role of CAS in resolving disputes while deferring unresolved issues to the appropriate FIFA committees. The final award resolved the financial obligations between the clubs, with Bologna required to pay the specified sums to River Plate and retain the remaining solidarity funds for further distribution. The decision emphasizes the procedural and substantive challenges in adjudicating transfer disputes and the need for clarity in applying FIFA regulations.