CAS 2022 A 8807
CAS · Football (FIFA / CAS) · Switzerland · 21 Jul 2023
Why it matters
This case clarifies that a claim for reimbursement of solidarity contribution between clubs is a contractual dispute, not a regulatory one, and thus not subject to the strict 30-day deadline in Annexe 5 RSTP. It also illustrates how the statute of limitations applies to each instalment of a transfer fee separately, allowing partial recovery even when part of the claim is time-barred.
Summary
Pyramids FC (Egypt) transferred the player John Jairo Cifuentes Vergara from Universidad Católica (Ecuador) for USD 5 million, payable in two instalments. The transfer agreement stated the fee was inclusive of solidarity contribution. Universidad Católica received the full amount without Pyramids deducting 5% for solidarity. Later, training club Juventud Minera claimed solidarity contribution from Pyramids, which FIFA ordered Pyramids to pay USD 89,125. Pyramids paid and then sought reimbursement from Universidad Católica under the contract. The FIFA PSC partially granted the claim, awarding USD 35,650 (40% of the amount paid, corresponding to the second instalment) because the first instalment claim was time-barred under a two-year limitation period. Both parties appealed to CAS. The CAS Panel held that the dispute was contractual, not regulatory, so the 30-day deadline in Annexe 5 RSTP did not apply. The limitation period for contractual claims was two years from when the claim arose. The Panel found that the claim for the first instalment arose when it was due (31 Dec 2018) and was time-barred by the time Pyramids first requested reimbursement (10 Feb 2021). The claim for the second instalment arose on 30 July 2019 and was not time-barred. Therefore, the Panel upheld the FIFA PSC decision, ordering Universidad Católica to pay USD 35,650 plus interest.
The detail
Parties: Pyramids FC v. CD Especializado Alto Rendimiento Ecuador & FIFA
Case number: CAS 2022 A 8807
Outcome: Pyramids FC partially won; Universidad Católica ordered to pay USD 35,650 plus 5% interest p.a. from 2 November 2021.
Quantum: USD 35,650
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Article 21 and Annexe 5; Swiss law subsidiarily.
Issues in play: The dispute involved the contractual obligation to reimburse solidarity contribution versus the regulatory obligation to pay it. The key issue was whether the claim was time-barred under FIFA RSTP or governed by the parties' contract.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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