Torino FC v. KKS Lech Poznan S.A., U.C. Sampdoria SpA

At a glance

Parties

Torino Football Club S.p.A. (Italy) v. KKS Lech Poznan S.A. (Poland), UC Sampdoria S.p.A. (Italy) and FIFA

Case no.

CAS 2022/A/8668

Forum and rules

Court of Arbitration for Sport, appeal procedure under the CAS Code (2021 edition); FIFA regulations and, subsidiarily, Swiss law

Treaty

None. Appeal under Article 57 of the FIFA Statutes against a FIFA Dispute Resolution Chamber decision

Tribunal

Prof. Martin Schimke (President), Mr Patrick Stewart, Mr Patrick Lafranchi

Sector

Football; solidarity contribution

Outcome

Appeal dismissed (29 March 2023). The FIFA DRC had no jurisdiction over Torino's reimbursement claim against Sampdoria arising from a domestic Italian transfer.

Amount

The FIFA DRC ordered Torino to pay Lech Poznan EUR 105,948.49 in solidarity contribution plus 5% interest; Torino paid it, and the award did not review the amount. Transfer fee: EUR 7,500,000. The costs paragraphs of the operative part are redacted in the published award.

The dispute

On 26 August 2020 Sampdoria transferred a Polish player to Torino for EUR 7,500,000. Lech Poznan, which had trained the player from age 12 to 22, was owed solidarity contribution under the FIFA Regulations on the Status and Transfer of Players (RSTP). Torino paid only part of it and said the Italian federation's (FIGC) "clearing house" system had forced it to pay Sampdoria 100% of the fee without deducting the 5% solidarity share. Lech Poznan then claimed the balance before the FIFA DRC. Torino asked the DRC to join Sampdoria and order it to refund the overpayment. The DRC upheld Lech Poznan's claim and held Torino's requests inadmissible, because it had no competence over a dispute between two clubs of the same association. On appeal Torino argued that FIFA had jurisdiction under Article 22 RSTP, that the financial burden lay with Sampdoria, and that Sampdoria had been unjustly enriched. Sampdoria argued that it lacked standing to be sued, that Torino had no legitimate interest and had not substantiated its appeal, and that FIFA lacked jurisdiction. FIFA defended its lack of competence.

Key holdings

1. The appeal is admissible. Torino had paid the DRC award, but it kept a legitimate interest in the DRC's refusal to join Sampdoria and to decide its competence, which was the primary scope of the appeal. ¶¶ 62–64
2. Translations of documents already filed on time are not new evidence under Article R56 of the CAS Code and are admissible. The additional exhibits were also admitted, as no party objected to them. ¶¶ 69–74
3. Article 22 RSTP does not cover a reimbursement dispute between two clubs of the same association that arises from a domestic transfer. Article 22(e) applies only where the transfer at the basis of the dispute was between clubs of different associations. CAS will not expand the DRC's jurisdiction to fill an alleged lacuna, particularly as Torino had not approached the Italian national arbitration tribunal. ¶¶ 77–79
4. To protect the autonomy of national associations, FIFA must not decide matters that are purely within the FIGC's competence. Until the RSTP is amended, such disputes belong to the national association. Torino remains free to bring its claim before a competent national or international body. ¶¶ 80–82
5. Because the DRC lacked competence, the Panel did not decide where the financial burden of the solidarity contribution lay, whether Sampdoria was unjustly enriched, or whether Sampdoria had standing to be sued. The appeal was dismissed and the DRC decision confirmed. ¶¶ 83–85; operative part

Procedural history

1. 26 August 2020Sampdoria and Torino sign the Transfer Agreement for the player (EUR 7,500,000).
2. 27 August 2021Lech Poznan files a claim for EUR 105,948.49 in solidarity contribution against Torino before the FIFA DRC.
3. 13 November 2021The FIFA DRC upholds Lech Poznan's claim and holds Torino's requests against Sampdoria inadmissible. Its grounds are notified on 28 January 2022. (Item 2 of the CAS operative part refers to the DRC decision as dated 11 February 2022.)
4. 18 February 2022Torino files its Statement of Appeal with CAS against Lech Poznan, Sampdoria and FIFA.
5. 25 March 2022Torino pays Lech Poznan the full amount ordered by the DRC.
6. 13 April 2022The Panel is constituted.
7. 19 October 2022Hearing held by videoconference.
8. 29 March 2023Award: the appeal is dismissed and the FIFA DRC decision confirmed.

Tribunal, counsel and experts

Decided by

• Martin Schimke President, CAS Panel — appointed by the institution
• Patrick Stewart Co-arbitrator, CAS Panel — appointed by the claimant
• Patrick Lafranchi Co-arbitrator, CAS Panel — appointed by the respondent (jointly nominated by Lech Poznan and Sampdoria, with FIFA's agreement)

For the claimant

Paolo Lombardi · James Mungavin

For the respondent

FIFA · Mateusz Wlodarczyk · Anna Smirnova · Gianpaolo Monteneri · Carlo Vitalini Sacconi

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Keywords

• solidarity contribution
• solidarity mechanism
• FIFA RSTP Article 22
• Annexe 5 RSTP
• domestic transfer
• FIFA DRC jurisdiction
• FIGC clearing house
• autonomy of national associations
• legitimate interest
• standing to be sued
• unjust enrichment
• reimbursement of overpayment
• Article R56 CAS Code
• new evidence and translations
• football transfer
• Torino
• Sampdoria
• Lech Poznan

Summary generated with AI from the published documents — refer to the award for the authoritative text.