Repeated offence: the case “SC Internacional v. Udinese Calcio S.p.A & FIFA”

CAS 2019/A/6263 & 6264, SC Internacional v. Udinese Calcio S.p.A & FIFA

Date of the decision: 2020-05-25

Arbitrator(s): Efraim Barak Rui Botica Santos Fabio Iudica

FIFA cannot consider the existence of a repeated offence when it decides, in the same session, on two separate contractual disputes relating to the same debtor and the same creditor.

Facts and Procedures

On 17 July 2016, SC Internacional (Brazil) and Udinese Calcio (Italy) signed an agreement for the definitive transfer of the player Nicolás Federico López Alonso to the Brazilian club. Nevertheless, due to a financial crisis, the Brazilian club was not able to comply with its financial obligations set forth in the agreement signed between the parties.

It should be noted that the contract contained an “acceleration clause” in the event of the failure, delay or partial payment by the Brazilian club of any of the instalments of the transfer fee for a period of more than 15 days. Furthermore, an interest rate of 10% p.a. on the overdue amounts was set out in the agreement.

Separately, on 28 March 2017, SC Internacional and Udinese Calcio (i.e. the same clubs involved in the transfer cited above) signed an agreement for the temporary transfer of the...

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