CAS 2020 A 7414
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case clarifies the scope of Article 18bis RSTP, confirming that a conditional fee linked to a player's playing time can amount to prohibited influence, even if the fee is low and no actual influence occurred. It reinforces that the mere existence of such a clause is a per se violation, and emphasizes a restrictive interpretation of 'influence' while balancing contractual freedom. The decision also highlights the importance of accurate TMS declarations.
Summary
Udinese Calcio loaned player Darwin Machis to Cadiz FC with a clause stating that if the player did not play at least 70% of matches, Cadiz would pay Udinese EUR 150,000. FIFA found this violated Article 18bis RSTP (prohibition on third-party influence) and Article 4(3) of Annex 3 (failure to declare correctly in TMS). Udinese appealed to CAS, arguing the clause was a standard conditional fee and did not give them real influence over Cadiz's decisions. The CAS Panel upheld FIFA's decision, ruling that the clause gave Udinese a contractual right that could influence Cadiz's team selection, thus violating Article 18bis. The Panel applied a literal, historical, systematic, and teleological interpretation, concluding that any clause that creates a real possibility to affect a club's employment or transfer decisions is prohibited, regardless of whether influence was actually exercised. The fine of CHF 20,000 and warning were confirmed.
The detail
Parties: Udinese Calcio S.p.A. v. FIFA
Case number: CAS 2020 A 7414
Outcome: The appeal was dismissed; the FIFA Appeal Committee decision was confirmed, upholding the fine of CHF 20,000 and warning against Udinese for violating Article 18bis RSTP and Article 4(3) of Annex 3 RSTP.
Quantum: CHF 20,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) 2018 edition, Swiss law
Issues in play: The case involved the interpretation of Article 18bis RSTP (prohibition on third-party influence) and Article 4(3) of Annex 3 RSTP (obligation to correctly declare in TMS). The key issue was whether a conditional loan fee clause constituted impermissible influence on the borrowing club's independence.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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