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Football-legal
27
Nov
2015
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Football Legal
CAS
Cases
International

CAS 2015/A/3959 CD Universidad Católica & Cruzados SADP v. Genoa Cricket and Football Club


Date of the decision: 2015-11-27
Arbitrator(s): Ulrich Haas Mark Hovell Hernan Jorge Ferrari

An appellant that does not have standing to appeal cannot be granted an intervention to make up the deficit of the lack of standing to appeal. An entity that is not party to a contract cannot claim payments and damages from the contract on behalf of a party to the contract.

Facts/Procedure

On 29 May 2011, Cruzados (the Second Appellant, which is a legal entity that owns 20% of the First Appellant in shares), Genoa (the Respondent) and the Player L. (the Player) concluded a transfer agreement for the definitive transfer of the Player from Universidad (the First Respondent) to Genoa for a total compensation of USD 3,000,000 to be split between Cruzados and Argentinian club Boca Juniors.

On 30 May 2011, Cruzados and Genoa concluded an agreement (the Mandato) by means of which they agreed the payment terms of the transfer, and according to which Genoa should pay USD 360,000 to Cruzados for its services regarding the transfer. The...

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Topics
  • CAS
  • Player Transfer
  • FIFA
Keywords
  • CAS proceedings
  • Court of Arbitration for Sport (CAS)
  • FIFA Regulations
  • Player transfer
  • Arbitration clause
  • Res judicata
  • Standing to sue
Find out more
  • Brief overview of the recent CAS and SFT jurisprudence on res judicata
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