The case involves a dispute between Club Atlético Mineiro (CAM), a Brazilian football club, and Udinese Calcio S.p.A. (Udinese), an Italian football club, regarding unpaid transfer fees for a player under a 2014 agreement. The Fédération Internationale de Football Association (FIFA) was also involved as a respondent in the arbitration proceedings before the Court of Arbitration for Sport (CAS). The transfer agreement required CAM to pay Udinese a loan fee and subsequent instalments upon exercising the purchase option. CAM failed to pay the first and second instalments on time, prompting Udinese to seek FIFA’s intervention. FIFA’s Single Judge ruled in favor of Udinese, ordering CAM to pay the overdue amounts plus interest and imposing a CHF 25,000 fine for non-compliance. CAM appealed the decision to CAS, arguing that Udinese failed to provide written bank details necessary for payment under Brazilian banking regulations and that the fine was disproportionate.
The CAS panel rejected CAM’s arguments, finding that the bank details had been communicated via fax and that CAM had previously made payments without requiring original documents. The panel emphasized that CAM’s obligations under the transfer agreement were clear and enforceable under Swiss law, which governed the contract. It also upheld FIFA’s authority to impose sanctions under Article 12bis of the FIFA Regulations on the Status and Transfer of Players (RSTP), stating that FIFA has exclusive discretion to penalize clubs for overdue payments without needing a formal request from the creditor. The panel noted that CAM’s delay exceeded 30 days without justification, meeting the criteria for sanctions. Additionally, the panel found the fine proportionate, considering CAM’s history of non-payment and its sale of the player without settling its debts.
The CAS ultimately dismissed CAM’s appeal, affirming the Single Judge’s decision in full. The ruling reinforced FIFA’s role in enforcing financial discipline in international football transfers and highlighted the limited scope of CAS review in disciplinary matters. The case underscores the importance of adhering to contractual and regulatory obligations in player transfers, with CAS deferring to FIFA’s expertise in such disputes. The decision also clarified that clubs cannot withhold payments based on unsubstantiated claims about banking procedures when the contractual terms are clear. The outcome serves as a reminder of the consequences of financial non-compliance in professional football.