Third-Party Influence: CAS 2020/A/7016 SC Corinthians Paulista v. FIFA

CAS 2020/A/7016 Sport Club Corinthians Paulista v. FIFA

Date of the decision: 2020-11-13

Arbitrator(s): José Juan Pintó Sala Sofoklis Pilavios Mariano Clariá

The prohibition established in Article 18bis FIFA RSTP applies insofar as a contract confers to a third-party a real and true capacity of producing effects, condition, or affects the conduct of a club in labor or transfer-related matters, in a way that the club’s independence and autonomy are restricted.

Facts and Procedure

On 20 December 2012, German club Bayer Leverkusen and Corinthians concluded the transfer agreement of the Brazilian professional player R. The transfer agreement contained a transfer sum clause to be paid by Corinthians and also a Future Transfer and Financial Participation clause that entitled Bayer Leverkusen to receive a sum if the player R. was transferred to a third club.

On 14 January 2013, Corinthians entered a transfer instruction in the FIFA Transfer Matching System (TMS) to engage the permanent transfer of the player R. disclosing that,...

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