CAS 2020 A 7016
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This case clarifies that a contractual clause requiring a club to accept a transfer offer above a certain threshold violates Article 18bis RSTP per se, regardless of whether the third party actually exerted influence. It reinforces FIFA's strict prohibition on third-party influence and the importance of accurate TMS disclosures. The decision also confirms CAS's deference to FIFA's disciplinary discretion unless the sanction is grossly disproportionate.
Summary
In 2012, Brazilian club Corinthians signed a transfer agreement with German club Bayer 04 Leverkusen for player Renato Augusto. Clause 3 of the agreement obligated Corinthians to accept any future transfer offer for the player of EUR 8,000,000 or more, and to pay Bayer 04 50% of the transfer fee (minimum EUR 3,000,000). In 2016, Corinthians received an offer from Beijing Guoan FC for EUR 8,000,000 and accepted it, paying Bayer 04 EUR 3,000,000 directly. Corinthians had entered the transfer in FIFA's Transfer Matching System (TMS) in 2013 but failed to disclose the involvement of agent Carlos Leite or the third-party influence clause. In 2018, FIFA's Disciplinary Committee found Corinthians violated Article 18bis RSTP (prohibiting third-party influence) and Article 4 par. 2 of Annexe 3 (failure to provide correct TMS information), imposing a CHF 55,000 fine and a warning. The FIFA Appeal Committee upheld the decision. Corinthians appealed to CAS, arguing that Bayer 04 did not actually influence the transfer and that the fine was disproportionate. The CAS Panel held that the mere existence of Clause 3, which contractually obliged Corinthians to accept an offer above EUR 8,000,000, constituted a violation of Article 18bis per se, regardless of actual influence. The Panel also found that Corinthians failed to disclose Mr. Leite's role, violating TMS rules. The Panel confirmed the sanction, noting that it was not grossly disproportionate and that FIFA's discretion should be respected. The appeal was dismissed, and the FIFA decision upheld.
The detail
Parties: Sport Club Corinthians Paulista v. FIFA
Case number: CAS 2020 A 7016
Outcome: Corinthians' appeal dismissed; FIFA Appeal Committee decision confirmed; Corinthians fined CHF 55,000 and warned.
Quantum: CHF 55,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) 2012, Articles 18bis and 4 par. 2 of Annexe 3; FIFA Disciplinary Code; CAS Code of Sports-related Arbitration
Issues in play: Article 18bis RSTP prohibits third-party influence on clubs' independence in transfer matters. Article 4 par. 2 of Annexe 3 requires accurate disclosure in TMS. The conflict was whether a contractual clause obliging Corinthians to accept a transfer offer if above EUR 8 million constituted prohibited influence, and whether failure to disclose an agent's role violated TMS rules.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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