FIFA - Informe del Tribunal del Fútbol 2023 - 2024

Football Tribunal Report 2023/2024

SEPTEMBER 20242

TABLE OF CONTENTS

0101.

FOREWORD 3

0202.. OVERVIEW 5 2.1 Introduction 5 2 .2

M iami offices: a new era for the

FIFA Legal & Compliance Division 7 0303..

THE FOOTBALL TRIBUNAL 8

3.1 Players’ Status Chamber 9 3 .2 Dispute Resolution Chamber 1 0 3.2.1 Employment-related disputes 1 1 3.2.2. Claims for training rewards 1 2 3.3 Agents Chamber 1 5 3.4 Mediation 1 6 0404.. REGISTRATION AND ELIGIBILITY 1 7 4.1 I nternational Transfer Certificate disputes 1 7 4.2 V alidation exceptions for International Transfer Certificates 1 8 4.3 A pplications for the registration of minors 2 0 4.4 Eligibility decisions 2 5 4.5 Changes of association 2 7 AnnexeAnnexe

CURRENT COMPOSITION OF

THE FOOTBALL TRIBUNAL AND

MEDIATORS

29 Players’ Status Chamber 2 9 Dispute Resolution Chamber 3 1 Agents Chamber 3 3 Mediators 3 4 Disclaimer 3 53 Dear members of the football family, We have the pleasure of issuing this third edition of the Football Tribunal Report, which covers the activities of the FIFA Football Tribunal (FT) for the period from 1 July 2023 to 30 June 2024. In recent years, modernising the football regulatory framework has been one of FIFA’s key objectives. The Strategic Objectives for the Global Game: 2023-2027 once again put the modernisation of the FIFA regulations at the centre of our regulatory work. The FT provides a modern and efficient dispute resolution system to all football stakeholders. All proceedings (claims and regulatory applications) before the FT are

key objectives. The Strategic Objectives for the Global Game: 2023-2027 once again put the modernisation of the FIFA regulations at the centre of our regulatory work. The FT provides a modern and efficient dispute resolution system to all football stakeholders. All proceedings (claims and regulatory applications) before the FT are processed via the FIFA Legal Portal (the Portal) or via the Transfer Matching System (TMS). The Portal and TMS enable football stakeholders to follow the relevant proceedings before the FT in real-time and in a fully digital way. All claims and regulatory applications can only be initiated and are processed exclusively through the Portal. We are proud to report on further landmark regulatory changes that took place over the last year and that will improve the well-established FIFA dispute resolution system. In December 2023, the FIFA Council approved the National Dispute Resolution Chamber Recognition Principles, incorporating the new National Dispute Resolution Chamber Standard Regulations. This revised regulatory framework for national dispute resolution chambers (NDRCs) provides clarity and legal certainty with regard to the jurisdiction, structure, applicable requirements and a possible recognition by FIFA of existing NDRCs.

FOREWORD4

In conjunction with this new regulatory framework for NDRCs, the Regulations on the Status and Transfer of Players (RSTP) were amended. The relevant amendments relate to the requirements under which FIFA may cede jurisdiction to an existing and recognised NDRC. The latest amendments to the RSTP, which came into force on 1 June 2024, concern female players and coaches. These latest amendments introduce further milestones in the protection of female players and coaches. New rules concerning, inter alia, pregnancy, maternity, adoption, family leave, menstrual health, and national team competitions are now part of the RSTP. We remain focused on quality and efficiency in our daily work, while continuously reviewing our processes, with the constant aim of streamlining all our processes. We are now starting a new chapter with our brand-new FIFA offices in Miami, USA, and have several exciting projects for the future. Your feedback and trust are key to

We remain focused on quality and efficiency in our daily work, while continuously reviewing our processes, with the constant aim of streamlining all our processes. We are now starting a new chapter with our brand-new FIFA offices in Miami, USA, and have several exciting projects for the future. Your feedback and trust are key to us as we embark on this new journey. We are confident in our ability to keep evolving and we look forward to facing the future hand in hand with the football family. Yours faithfully, Jan Kleiner Director of Football Regulatory Erika Montemor Ferreira Head of Players’ Status5 OVERVIEW 2.1 Introduction The Football Tribunal (FT) has consolidated all previous FIFA decision-making bodies under the umbrella of a single unified body that consists of three chambers:1

PLAYERS'

STATUS

CHAMBER

DISPUTE

RESOLUTION

CHAMBER

AGENTS CHAMBER Within the Legal & Compliance Division, the Players’ Status Department (PSD) deals with disputes and regulatory applications that fall under the competence of the Players’ Status Chamber (PSC) and Dispute Resolution Chamber (DRC) and the Agents Department acts as the secretariat to the Agents Chamber (AC).2 1 The current composition of the chambers can be found in the Annexe. 2 On 30 December 2023, the Bureau of the Council approved the worldwide temporary suspension of the FIFA Football Agent Regulations (FFAR) until the European Court of Justice renders a final decision in the pending procedures concerning the regulations (cf. FIFA circular no. 1873 ). As article 20 of the FFAR is temporarily suspended, the AC currently has no jurisdiction to hear disputes as would otherwise be provided in the FFAR. Consequently, activities of the AC are not taken into account for the purposes of this Report.6 As in the previous editions, this Football Tribunal Report 2023/2024 is aimed at providing a comprehensive overview of the FT’s activities as well as those of the FIFA administration in the period between 1 July 2023 and 30 June 2024. The report covers the disputes and regulatory applications processed within the FIFA

As in the previous editions, this Football Tribunal Report 2023/2024 is aimed at providing a comprehensive overview of the FT’s activities as well as those of the FIFA administration in the period between 1 July 2023 and 30 June 2024. The report covers the disputes and regulatory applications processed within the FIFA dispute resolution system over the course of the relevant period. This report is divided into two main areas: a) dispute resolution, including contractual disputes involving players, coaches, clubs and member associations, as well as solidarity mechanism and training compensation matters; and b) registration and eligibility matters, including disputes over the release of international transfer certificates (ITCs), regulatory applications to change association, eligibility matters concerning playing for national teams, and applications to register minors. A total of 19,589 cases, applications and enquiries were received between 1 July 2023 and 30 June 2024, which means that the 2023/2024 season marked a new all-time high for the PSD. The significant increase occurred in both areas: dispute resolution and regulatory applications. Regarding regulatory applications, we have seen a continuous increase in two types of requests: (i) the number of regulatory applications for the registration of minors (+16.5%); and (ii) regulatory applications for a change of association (+37.4%). We have also seen a remarkable increase in the number of contractual and employment-related disputes submitted to both the PSC and the DRC in comparison to the same period last year (+20.17% for the PSC and +17.79% for the DRC). In contrast and as expected, the 2023/2024 season saw a significant reduction in the number of claims for solidarity contributions and training compensation as a result of the implementation of the FIFA Clearing House and the relevant procedures. Figure 1: Cases, applications and enquiries received by the PSD in 2023/2024

Dispute resolution 3,631 Players’ Status Chamber 846 Dispute Resolution Chamber 2,785 Employment-related disputes 1,741 Solidarity contribution claims 724 Training compensation claims 320 Registration and eligibility 15,958 ITC rejection disputes 86 Validation exceptions 1,115 Applications for minors 14,516 Eligibility 87 Changes of association 154 Total 19,58977 2.2 Miami offices: a new era for the FIFA Legal & Compliance Division The FIFA President’s vision of making football truly global is reflected in the latest amendments to the FIFA regulations. It has also taken a leap forward with the relocation of FIFA’s Legal & Compliance Division to Miami, USA. This move represents the latest step in FIFA’s expanding global footprint, reinforcing FIFA’s commitment to being truly global through its presence across the world and closely connected to all its member associations. While the figures in this report reflect the activities of the FIFA team based in Zurich, future editions will reflect the results of the new projects being carried out on the new premises. The Legal & Compliance Division was previously housed at the FIFA headquarters in Zurich. It has now completed its transatlantic move and will, from now on, be operating from: FIFA Legal & Compliance Division 396 Alhambra Circle, 6th floor Coral Gables, FL-33134 USA8 Through the FT and within the framework of the relevant regulations, FIFA provides decision-making services to various football stakeholders. Cases are assigned to the DRC, the PSC or the AC depending on the nature of the dispute and the parties involved. The PSC and the DRC are the FIFA decision-making bodies that are competent to adjudicate on contractual disputes between member associations, clubs, players, coaches and licensed match agents and regulatory applications, in accordance with article 2 paragraph 1 of the Procedural Rules Governing the Football Tribunal (Procedural Rules) in combination with articles 22 and 23 of the Regulations on the Status and Transfer of Players (RSTP).3 The time it takes to process contractual disputes can vary, depending on the complexity of the matter,

paragraph 1 of the Procedural Rules Governing the Football Tribunal (Procedural Rules) in combination with articles 22 and 23 of the Regulations on the Status and Transfer of Players (RSTP).3 The time it takes to process contractual disputes can vary, depending on the complexity of the matter, the parties involved in the dispute and the existence, for example, of a counterclaim. On average, the time between the receipt of a duly filed claim until the matter was resolved by a decision or an accepted proposal4 was 74.3 days in the 2023/2024 period (76 days for cases under the competence of the PSC and 75.2 days for cases before the DRC). In comparison to the 2022/2023 period, the foregoing numbers represent a remarkable improvement in processing times (approx. 25%). Furthermore, when cases could be settled with a proposal, the process was typically more than three times faster than when a formal decision was required, considering the processing time for these cases was less than four weeks. 3 Three editions of the RSTP were in force during the period covered in this report, namely May 2023, February 2024 and June 2024. By contrast, only one edition of the Procedural Rules was in force during the reporting period, namely March 2023. Where relevant, the report indicates particularities of each edition. 4 Cf. article 20 of the Procedural Rules.

THE FOOTBALL

TRIBUNAL9

Figure 2: Average processing time of contractual disputes resolved by a decision or an accepted proposal (in days)" 2021/2022 2023/2024 99.4 98.9 74.4 2022/2023 3.1 Players’ Status Chamber According to article 22 paragraphs 1 c) and g) and article 23 paragraph 2 of the RSTP, the PSC is competent to hear contractual disputes between a club or an association and a coach of an international dimension, as well as disputes between clubs belonging to different associations. In 2023/2024, the number of

to hear contractual disputes between a club or an association and a coach of an international dimension, as well as disputes between clubs belonging to different associations. In 2023/2024, the number of claims received by the PSC reached a new all-time high, with a total of 846 claims. Figure 3: Claims received by the PSC by type 501 654 609 703 846 Coach Club v. club 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 49.1% 50.9% In addition, the number of claims resolved by the PSC also reached new heights in 2023/2024, with a total of 813 claims. Just over half of these cases were resolved with a decision passed by the PSC, while 28.5% of the cases were closed for other reasons, e.g. because the parties reached an amicable settlement, or because the party concerned did not complete its claim or the claim could not be processed for other reasons. Notably, since January 2021, the FIFA administration has had the discretionary power to propose a settlement to the parties without the need for a formal decision, in disputes without prima facie complex facts or legal issues, or in cases where there is clearly established jurisprudence. In 2023/2024, 169 claims (20.8%) were resolved with such a proposal being accepted (or not rejected) by the parties.10 Figure 4: Claims resolved by the PSC by type of closure Closed for other reasons Decided by judge Proposal accepted 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 20.8% 50.6% 28.5% 618 681 676 729 813 3.2 Dispute Resolution Chamber The DRC provides dispute resolution based on equal representation of player and club representatives, along with the participation of an independent chairperson or deputy (cf. art. 4 par. 3 of the Procedural Rules).

28.5% 618 681 676 729 813 3.2 Dispute Resolution Chamber The DRC provides dispute resolution based on equal representation of player and club representatives, along with the participation of an independent chairperson or deputy (cf. art. 4 par. 3 of the Procedural Rules). According to article 22 paragraphs 1 a), b), d), e) and f) and article 23 paragraph 1 of the RSTP, the DRC is competent to adjudicate on: • disputes between clubs and players in relation to the maintenance of contractual stability (cf. arts 13-18) where there has been an ITC request; • employment-related disputes between a club and a player of an international dimension;5 • disputes relating to training compensation (cf. art. 20) and the solidarity mechanism (cf. art. 21) between clubs belonging to different associations; • disputes relating to training compensation (cf. art. 20) and the solidarity mechanism (cf. art. 21) between clubs belonging to the same association, provided that the transfer of a player at the basis of the dispute occurs between clubs belonging to different associations; and • matters of legal or factual complexity in an Electronic Player Passport (EPP) review process in accordance with article 10 paragraph 3 of the FIFA Clearing House Regulations (FCHR) and disputes between clubs in accordance with article 18 paragraph 2 of the FCHR. 5 On 18 January 2024, FIFA introduced the new National Dispute Resolution Chamber Recognition Principles, incorporating the new National Dispute Resolution Chamber Standard Regulations (cf. FIFA circular no. 1876 ). As of January 2025, the parties to a dispute will be allowed to explicitly opt in writing for such disputes to be decided by an NDRC, or a national dispute resolution body operating under an equivalent name, that has been officially recognised by FIFA. Any such jurisdiction clause must be exclusive and included either directly in the contract or in a collective bargaining agreement applicable to the parties.11 Since November 2022, disputes related to training compensation and the solidarity mechanism that fall

officially recognised by FIFA. Any such jurisdiction clause must be exclusive and included either directly in the contract or in a collective bargaining agreement applicable to the parties.11 Since November 2022, disputes related to training compensation and the solidarity mechanism that fall under the FCHR have been processed exclusively via the FIFA Clearing House. Equally, the EPP review and claims management processes are conducted entirely through TMS as per the FCHR. Since May 2023, all other contractual and employment-related disputes are conducted exclusively through the Portal. 3.2.1 Employment-related disputes In 2023/2024, the DRC received a total of 1,741 employment-related disputes between players and clubs, which represented an increase of 17.8% compared to the previous year. Figure 5: Employment-related disputes received by the DRC 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 948 1,187 1,390 1,478 1,74112 Furthermore, the number of claims that the DRC resolved reached a new record in 2023/2024, with 1,672 claims resolved in total – an increase of 2.8% compared to the 2022/2023 period. More than 50% of these 1,672 claims were decided upon by the DRC, and a further 23.6% were closed for other reasons. The remaining 357 claims (21.4%) were settled after a proposal from FIFA was accepted (or not rejected) by the parties. This constitutes an increase of more than 25% in the number of successful proposals compared to 2022/2023 and suggests a positive trend in the success rate of proposals year-on-year. Figure 6: Employment-related disputes resolved by the DRC by type of closure Closed for other reasons Decided by judge Proposal accepted

2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 23.6% 21.4% 55.0% 1,143 1,090 1,368 1,592 1,672 3.2.2. Claims for training rewards Since the launch of the FIFA Clearing House on 16 November 2022, the distribution of training rewards related to international transfers, first professional registrations and domestic transfers with an international dimension have been conducted via the EPP process, and these training rewards paid through the FIFA Clearing House entity based in Paris. Training rewards claims that may be lodged with the FT may therefore only concern transfers or registrations of players that occurred before 16 November 2022. Exceptionally, claims may be lodged in relation to transfers or registrations of players that occurred from 16 November 2022 and in respect of which a training club invokes the provisions of article 18 paragraph 2 of the FCHR. This explains the decrease of more than 50% of training rewards claims submitted through TMS before the FT (a total of 1,044 claims for training rewards were submitted through TMS in 2023/2024, whilst 2,248 were submitted in 2022/2023).13 Figure 7: Claims for training rewards received Solidarity contribution Training compensation 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 30.7% 69.3% 1,044 2,248 1,976 2,145 1,804 70.5% 29.5% 70.1% 29.9% 71.9% 28.1% 72.9% 27.1% As a direct consequence of this decrease, the number of resolved claims for training rewards was also

much lower than in the previous period (-44.3%). Figure 8: Claims for training rewards resolved Solidarity contribution Training compensation 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 30.8% 69.2% 1,178 2,1142,054 2,209 2,634 72.9% 27.1% 69.7% 30.3% 70.8% 29.2% 74.2% 25.8%14 Furthermore, in 2023/2024 alone, 18,343 EPPs were generated, 91.9% of which had already been resolved at the time of publication. The majority of EPPs were related to training compensation triggered by a first professional registration. If we filter out EPPs discarded in the initial phases, most EPPs leading to actual entitlements stem from international transfers. Figure 9: EPPs generated in 2023/2024 by type of training reward Training compensationBoth Solidarity contribution 52.6%8.8% 38.6% Figure 10: EPPs generated in 2023/2024 by type of trigger event First professional registration Domestic transfer 7,960 6,160 4,223 International transfer15 3.3 Agents Chamber As an important step in ensuring that any disputes concerning football agent services are resolved fairly, swiftly and equally for all participants in the transfer system, FIFA dispute resolution systems are being reintroduced under the FIFA Football Agent Regulations (FFAR) for disputes arising out of, or in connection with, a representation agreement with an international dimension, concluded on or after 1 October 2022. In other words, FIFA will have jurisdiction to resolve disputes involving football agents in relation to representation agreements with an international dimension concluded on or after 1 October 2022. A representation agreement has an international dimension whenever: • it governs football agent services related to a specified transaction in connection with an international transfer (or a move of a coach to a club affiliated to a different member association than their previous

agents in relation to representation agreements with an international dimension concluded on or after 1 October 2022. A representation agreement has an international dimension whenever: • it governs football agent services related to a specified transaction in connection with an international transfer (or a move of a coach to a club affiliated to a different member association than their previous employer or the move of a coach to another member association than their previous employer); or • it governs football agent services related to more than one specified transaction, one of which is connected to an international transfer (or a move of a coach to a club affiliated to a different member association than their previous employer or the move of a coach to another member association than their previous employer). The proceedings for such disputes will be free of charge. The Agents Chamber is composed of: a) a chairperson and one deputy chairperson; and b) the necessary number of members as decided by the FIFA Council, appointed at the proposal of member associations, confederations, players, clubs, leagues and football agents. However, as per FIFA circular no. 1873, article 20 of the FFAR is temporarily suspended. Consequently, the Agents Chamber of the Football Tribunal presently has no jurisdiction to hear any dispute until article 20 of the FFAR again enters into effect.16 3.4 Mediation Since February 2023, FIFA has offered parties the opportunity to access mediation in respect of disputes lodged before the FT. Mediation is an alternative dispute resolution mechanism whereby parties, with the assistance of a mediator, aim to amicably resolve their disputes. The FIFA mediation service is voluntary, strictly confidential and free of charge for the parties. It is conducted by highly skilled mediators (a list of mediators is provided in the annexe) in accordance with the FIFA Mediation Guidelines. Since this option was made available, parties were formally invited to a mediation process in 85 cases. The parties agreed to mediation in 28 of these cases and a mediator was appointed, thereby initiating the mediation process. The number of mediation cases started in 2023/2024 increased compared to the previous season (+33.3%). As at the date of writing, three cases had been successfully mediated, with nine cases still

The parties agreed to mediation in 28 of these cases and a mediator was appointed, thereby initiating the mediation process. The number of mediation cases started in 2023/2024 increased compared to the previous season (+33.3%). As at the date of writing, three cases had been successfully mediated, with nine cases still ongoing. Four cases were concluded without an agreement. Figure 11: Mediation cases initiated by outcome/status Mediation successful Mediation ongoing Concluded without agreement 2022/2023 2023/2024 9 6 6 3 4 12 1617 4.1 I nternational Transfer Certificate disputes The issuance of the ITC by the member association at which the player is registered to the association to which the club wishing to register the player is affiliated is an important part of any player transfer. Once the member association of the player’s new club has submitted a request in TMS for the player’s ITC, in line with article 11 of Annexe 3 to the RSTP, the former association must, within seven days of the date of the ITC request, either: (i) deliver the ITC to the requesting association, or (ii) reject the ITC request and clearly indicate the reason for the rejection. If the ITC request is rejected by the former association, the player’s new association may either accept or dispute the rejection (cf. art. 11 par. 8 of Annexe 3 to the RSTP). If the rejection is disputed and the player’s new association wishes to proceed with the registration despite the opposition of the former association, it must apply to FIFA with a request to authorise the registration. The PSC is the competent body to allow a player to be registered with the engaging club. Any such decisions are always without prejudice to the merits of any contractual or financial dispute between

the parties (cf. art. 11 par. 8 b) of Annexe 3 to the RSTP). In 2023/2024, an association refused to release the ITC in 98 cases, and in 86 of these instances, the requesting association disputed the rejection, and then proceeded to file a request for the PSC to register the player. The number of registrations granted by the PSC after an ITC rejection dispute reached 84 in 2023/2024, 20 of which involved amateur players.

REGISTRATION AND

ELIGIBILITY18

Figure 12: Registrations granted by the PSC 4.2 Validation exceptions for International Transfer Certificates Every international transfer must take place within a registration period (colloquially known as a “transfer window”) set by the member association and entered in TMS. Subject to article 6 paragraph 3 of the RSTP (June 2024 ed.), if a member association requests an ITC outside of a transfer window, or if the club that wishes to register the player is serving a registration ban imposed by a FIFA decision, TMS will automatically prevent this registration from being duly executed by triggering what is called a “validation exception”.

A validation exception occurs: (i) whenever the association of the engaging club requests a player’s ITC outside of the registration period defined in TMS, and in circumstances in which the exceptions set out in article 6 paragraph 3 of the RSTP are not applicable, and (ii) whenever a club serving a registration ban enters a transfer instruction related to the engagement of a player.

In the 2023/2024 period, a total of 2,238 ITC requests triggered the automated TMS mechanism, involving 2,196 transfers. Requests for the PSD to override a validation exception were lodged in 1,115 of these cases, and of those, more than half (621) related to amateur transfers prior to the next registration period, while another 21.2% (236) were in respect of out-of-contract players moving before the next registration period. 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024

period, while another 21.2% (236) were in respect of out-of-contract players moving before the next registration period. 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 68 84 71 85 8419 The number of transfers with validation exceptions that were authorised by the PSD in 2023/2024 remained relatively stable, with a total of 899 such cases (4.2% less than in the previous period). Figure 14: Authorisations of transfers with validation exceptions by the PSD Figure 13: Intervention requests received by the PSD in 2023/2024 by type of validation exception COVID-19 registration period authorisations Other authorisations 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 899 899938954 1,523 514 409 105 567 956 937 938 Amateur transfer prior to next registration period Request date outside registration period Engaging club serving registration ban 621 236 200 58 Out of contract before next registration period20 4.3 Applications for the registration of minors In addition to its exclusive role in all transfers related to 11-a-side football, TMS also plays a major part in monitoring and authorising the international movements of minor players (cf. art. 30 of the Procedural Rules). The term “minor” is defined as any player who has not yet reached the age of 18 (cf. definition 11 of the RSTP). As a general rule, international transfers and first registrations of players whose nationality is other than the one where the football association operates are only permitted if the player is over the age of 18 (cf. art. 19 par. 1 and art. 19 par. 3 of the RSTP). However, there are exceptions to this rule. The following list of exceptions is exhaustive: a) The player’s parents have moved to the country where the player wants to register, for reasons

age of 18 (cf. art. 19 par. 1 and art. 19 par. 3 of the RSTP). However, there are exceptions to this rule. The following list of exceptions is exhaustive: a) The player’s parents have moved to the country where the player wants to register, for reasons not linked to football (cf. art. 19 par. 2 a) of the RSTP); b) The player is aged between 16 and 18 and is moving within the territory of the EU/EEA or between two associations within the same country and the new club satisfies certain conditions (cf. art. 19 par. 2 b) of the RSTP); c) Both the player’s domicile and the new club are within 50km of their common border and the distance between the two is no greater than 100km (cf. art. 19 par. 2 c) of the RSTP); d) Prior to the request, the player has lived continuously for at least the last five years in the country in which they wish to be registered (cf. art. 19 pars 3 and 4 c) of the RSTP); e) The player is moving due to humanitarian reasons without their parents and could not be expected to return to their country of origin (cf. art. 19 par. 2 d) of the RSTP); or f) The player is moving temporarily without their parents for academic reasons in order to undertake an exchange programme, and the duration of the player’s registration will not exceed one year (cf. art. 19 par. 2 e) of the RSTP). When the engaging member association receives a case that falls under any of the exceptions listed above, and wishes to register a minor whose nationality is other than the on