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2017 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Respondent: Udinese Calcio S.p.A
Respondent Representative: Gianpaolo Monteneri

Arbitrators

President: Alexander McLin

Decision Information

Decision Date: August 10, 2017

Case Summary

The dispute between Clube Atlético Mineiro (CAM) and Udinese Calcio SpA revolves around unpaid transfer fees for a football player, stemming from a 2014 agreement where CAM agreed to pay Udinese EUR 3,315,000 in four installments. Despite receiving Udinese's bank details and reminders, CAM failed to make the first two payments, citing financial difficulties. The parties amended the agreement to reschedule payments, but CAM defaulted again, paying only two of the revised installments. Udinese then filed a claim with FIFA's Single Judge of the Players’ Status Committee, which ruled in Udinese's favor, ordering CAM to pay the outstanding amounts plus interest. CAM appealed to the Court of Arbitration for Sport (CAS), arguing that Udinese had not provided written bank details as required and disputing the fines and costs imposed by FIFA. The CAS Sole Arbitrator found CAM's arguments unconvincing, noting that CAM had previously made payments to Udinese's account and had acted in bad faith by withholding payments despite having the necessary information. The arbitrator emphasized that the debtor's duty is to ensure timely payment and rejected CAM's excuses as disingenuous. The arbitrator also ruled that CAS could not reallocate costs imposed by FIFA since FIFA was not a party to the proceedings. The appeal was dismissed, upholding the FIFA Single Judge's decision and confirming CAM's liability for the unpaid fees, interest, and associated costs.

In a related proceeding, CAM contested the proportionality of fines and cost allocations, but the Sole Arbitrator found these arguments insufficient, as CAS does not revisit cost allocations from prior proceedings. The decision reinforced Udinese's entitlement to the unpaid installments and validated the imposed fines. The case highlights the importance of contractual compliance in football transfers and the consequences of failing to meet financial obligations. It also underscores the role of arbitration in resolving such disputes, with CAS providing a final review of the facts while respecting the limits of its jurisdiction. The ruling serves as a reminder that parties must adhere to contractual terms and cannot justify non-payment with baseless claims, especially when prior conduct contradicts such arguments. The decision ultimately dismissed CAM's appeal, confirming Udinese's right to the outstanding payments and upholding the financial penalties imposed by FIFA. The case underscores the legal principles of pacta sunt servanda (agreements must be kept) and the debtor's obligation to fulfill payment duties without delay or excuse.

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