CAS 2013/A/3283 Fudbalski Klub Partizan v. Sao Caetano Futebol LTDA

Date of the decision: 2014-04-01

Arbitrator(s): Martin Schimke Bernhard Heusler

The contractual aspect of a case, which is dealt with by the Players’ Status Committee, should be differentiated from the eventual disciplinary aspect of a case, which is decided by the Disciplinary Committee. Those two proceedings are independent from each other, and both the decision from the Players’ Status Committee and the Disciplinary Committee may be appealed to CAS. In case of a contractual dispute, the jurisdiction of the CAS derives from R47 of the Code and Article 67 of the FIFA Statutes.

Facts/Procedure

On 22 June 2011, the Parties entered into an Agreement regarding the permanent transfer of the Player. For this transfer of the Player, Partizan undertook to pay Sao Caetano a total compensation of EUR 1,100,000. The Parties amended the Agreement later. In essence, the Parties decided to confirm the payment of the compensation amount due as first instalment of EUR 500,000, had been successfully completed by Partizan, as well as the remaining amount had to be paid into another bank account indicated by Sao Caetano for administrative reasons.

Sao Caetano later agreed to extend the payment deadline for the outstanding amount to...

Why not join us?

Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).

Get started