CAS 2018 A 5953
CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019
Why it matters
This case clarifies that Article 9.1 of the FIFA RSTP, which prohibits conditioning the issuance of an International Transfer Certificate, does not apply to clubs when they include a condition precedent (e.g., payment upfront) in a transfer agreement. The Panel distinguished between a condition that must be met before a transfer exists and a condition attached to the ITC itself, limiting the scope of the rule to associations and post-agreement conduct.
Summary
Sport Lisboa e Benfica (the Club) transferred 70% of player Manuel Agudo Duran's economic rights to Celta de Vigo in 2013. The transfer agreement included a clause (2.4) stating that the Club would not confirm the transfer or release the International Transfer Certificate (ITC) until the full transfer fee was paid. In 2014, the Club assigned its remaining 30% rights to a third party but failed to upload that agreement to FIFA TMS. FIFA's Disciplinary Committee fined the Club CHF 15,000 for violating Article 9.1 of the FIFA RSTP, which says ITCs shall be issued free of charge without conditions. The Club appealed to CAS, arguing that Article 9.1 only applies to national associations, not clubs, and that clause 2.4 was a lawful condition precedent. The CAS Panel applied Swiss contract law (Article 18 CO) to interpret the parties' intention, finding that the clause was meant to ensure payment upfront before any transfer obligation arose, a standard commercial term. The Panel held that Article 9.1's prohibition on conditioning ITCs targets associations and post-agreement conduct, not pre-transfer conditions precedent. Since no binding transfer existed until payment, the clause did not breach the rule. The appeal was upheld, and the decision annulled.
The detail
Parties: Sport Lisboa e Benfica - Futebol, SAD, v. FIFA
Case number: CAS 2018 A 5953
Outcome: The appeal was accepted; the FIFA Disciplinary Committee decision was annulled. The Club was found not to have violated Article 9.1 of the FIFA RSTP.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss Code of Obligations, CAS Code of Sports-related Arbitration
Issues in play: Interpretation of Article 9.1 FIFA RSTP: whether it applies only to national associations or also to clubs; distinction between a condition precedent in a transfer agreement and conditioning the issuance of an ITC.
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