CAS 2019 A 6229
CAS · Football (FIFA / CAS) · Switzerland · 26 Jun 2020
Why it matters
This case clarifies that football clubs cannot condition the issuance of an International Transfer Certificate (ITC) on receipt of payment, even if contractually agreed. It reinforces FIFA's strict prohibition against using TMS as a negotiation tool, emphasizing the integrity and transparency of the transfer system. The decision also addresses procedural issues like res judicata and due process, confirming that FIFA's silence does not constitute a decision and that disciplinary proceedings are not time-barred by the 2-year rule applicable to clubs.
Summary
AZ NV, a Dutch football club, entered into seven transfer agreements between 2011 and 2014 that contained clauses requiring the buying club to pay the first instalment of the transfer fee before AZ would initiate the process to issue the International Transfer Certificate (ITC) via FIFA's Transfer Matching System (TMS). FIFA's TMS Compliance investigated in 2015 but went silent for three years. In 2018, FIFA's Disciplinary Committee (DC) opened proceedings and found AZ liable for violating Article 9.1 of the FIFA RSTP (conditioning ITC on payment) and Article 2 para. 4 of Annex 3 (delaying TMS entry). AZ was fined CHF 70,000 and warned. AZ appealed to FIFA's Appeals Committee, which upheld the decision. AZ then appealed to the Court of Arbitration for Sport (CAS). AZ argued that the principle of res judicata applied because FIFA's 2015 investigation implicitly closed the case, and that due process was violated by the three-year delay. CAS rejected these arguments, holding that FIFA's silence did not constitute a decision and that the ten-year limitation period under the FIFA Disciplinary Code applied. On the merits, CAS found that the clauses in the transfer agreements clearly conditioned the ITC on payment, violating Article 9.1 RSTP, and that delays of 9-28 days in four agreements violated Annex 3. CAS upheld the fine and warning, noting that the sanction was proportionate given the multiple breaches and the club's resources.
The detail
Parties: AZ NV v. FIFA
Case number: CAS 2019 A 6229
Outcome: CAS dismissed the appeal and upheld the FIFA Disciplinary Committee's decision, confirming the fine of CHF 70,000 and warning.
Quantum: CHF 70,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) 2010 and 2012 editions; FIFA Disciplinary Code; Swiss law subsidiarily
Issues in play: Article 9.1 RSTP (prohibition on conditioning ITC issuance on payment) and Article 2 para. 4 of Annex 3 RSTP (timely TMS entry) vs. club's contractual clauses linking ITC to payment.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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