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2016 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Lars Halgreen

Decision Information

Decision Date: March 31, 2017

Case Summary

The case involves a dispute between Club Atlético Mineiro (CAM), a Brazilian football club, and Udinese Calcio S.p.A., an Italian football club, over unpaid transfer fees for a player, with FIFA also involved as a regulatory body. The dispute originated from a 2014 transfer agreement where CAM agreed to pay Udinese €3,315,000 in installments for a player. CAM failed to meet payment deadlines, leading to an amended agreement in 2015, but still only made partial payments. Udinese sought FIFA's intervention, and in 2016, FIFA's Single Judge ruled that CAM must pay €1,350,000 plus interest. CAM did not challenge this but failed to comply, prompting a subsequent decision ordering payment of a third installment of €830,000 plus interest and imposing a CHF 30,000 fine for overdue payments. CAM appealed to the Court of Arbitration for Sport (CAS), arguing the fine was disproportionate and that Udinese failed to provide bank details in writing, which CAM claimed was necessary under Brazilian banking regulations.

The CAS panel upheld FIFA's authority to impose sanctions under Article 12bis of the FIFA Regulations on the Status and Transfer of Players (RSTP), emphasizing that FIFA can act ex officio without requiring a request from the claiming party. The panel found that CAM had received the necessary bank details, as evidenced by a prior successful payment, and dismissed CAM's argument about written communication being a prerequisite. It also ruled that CAM's failure to pay constituted bad faith, particularly as CAM had transferred the player to another club without settling its debt to Udinese. The panel affirmed that the CHF 30,000 fine was not disproportionate, considering CAM's repeated violations and financial misconduct.

The CAS dismissed CAM's appeal, confirming the appealed decision in full. CAM was ordered to pay Udinese the overdue €830,000 plus 5% annual interest, the CHF 30,000 fine to FIFA, and procedural costs of CHF 20,000. The ruling reinforced FIFA's role in enforcing financial discipline in football transfers and highlighted the importance of clubs meeting their contractual obligations. The decision underscores the authority of FIFA and CAS in resolving such disputes and maintaining the integrity of international player transfers.

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