波尔多

passed on 07 February 2025 DECISION BY: Jorge PALACIO (Colombia), ChairpersonAnin YEBOAH (Ghana), Deputy ChairpersonThomas HOLLERER (Austria), Member ON THE CASE OF: FC Girondins de Bordeaux(Decision FDD-21324) REGARDING: Art. 17.6 of the FIFA Clearing House Regulations –Payment failure I.Facts of the case 1.The following summary of the facts does not purport to include every single contention put forthby the actors at these proceedings. However, the FIFA Disciplinary Committee (theCommittee)has thoroughly considered any and all evidence and arguments submitted, even if no specific ordetailed reference has been made to those arguments in the following outline of its positionand in the ensuing discussion on the merits. 2.On 01 October 2024, the FIFA Clearing House SAS (FCH) sent a payment notification to FCGirondinsde Bordeaux(the Respondent)with reference PN24002316 for 8025.34 EURconcerning the Solidarity contribution due in connection with Allocation Statement 4986corresponding to the Electronic Player Passport (EPP) 27895 for the playerPedro DÍAZ FANJUL(FIFA ID1M7LL59) and his transfer to the Respondent. 3.Since no payment was made by the Respondent, a second payment notification was issued bythe FCH to the Respondent on 04 November 2024 for the same amount indicated above plus adunning fee for a total of8225.97 EUR(thePayment Notification). 4.Based on the above and in accordance with art. 55 of the FIFA Disciplinary Code, ed. 2023 (FDC)as read together with art. 17 of the FIFA Clearing House Regulations (FCHR) the matter wasreferred to the Secretariat to the FIFA Disciplinary Committee(theSecretariat), which informedthe Respondent of the following on 03 February 2025: “We refer to the above-mentioned matter as well as to the investigation conducted by FIFA.In this context, all the relevant information and documents constituting the case file areavailable in the FIFA Legal Portal for your perusal. In particular, in accordance with art. 55 of the FIFA Disciplinary Code, edition 2023 (FDC) asread together with art.13 paragraph 5 and art. 17 of the FIFA Clearing House Regulations(FCHR), we confirm that the present matter has been escalated to the Secretariat of the FIFADisciplinary Committee and will be referred to the FIFA Disciplinary Committee in due coursefor consideration and a formal decision in relation to the potential breach of the FCHR byyour club. Inthis respect,the Respondent is invited to provide the Secretariat to the FIFADisciplinary Committee with its position, within three days of the notificationof thiscommunication at the latest exclusively via the FIFA Legal Portal (cf. art. 48 FDC). Should the aforementioned party fail to submit its position within the stipulated deadline,the FIFA Disciplinary Committee will decide on the case using the file in its possession (cf. art.12 par. 5 of the FDC). For the sake of completeness, please be reminded that pursuant to the FCHR, there mightbeadditional obligations that the Respondent might have to undertake that areindependent of these disciplinary proceedings.” 5.No reply was filed by the Respondent within the deadline granted. 6.On 07 February 2025, the Committee decided on the matter. The decision was notified to theRespondent with grounds on the same date. II.Considerations of the Disciplinary Committee 7.In view of the circumstances of the present matter, the Committee decided to first address theprocedural aspects, namely, its jurisdiction and the applicable law, before entering into thesubstance of the matter and assessing the possible breaches of the FCHR and/or FDC by theRespondent as well as the potential sanctions, if applicable, resulting therefrom. a.Jurisdiction and applicable law 8.First of all, the Committee noted that at no point during the present proceedings did theRespondent challenge its jurisdiction or the applicability of the FIFA Disciplinary Code. 9.Notwithstanding the above and for the sake of good order, the Committee found it worthwhileto emphasise that, in view of the allegations at stake and on the basis of art. 56 FDC as readtogether with arts. 16.1. d) and 17.2 FCHR, it is competent to evaluate the present case and toimpose sanctions in case of corresponding violations. 10.In order to duly assess the matter, the Committee noted that the present case related to apotential violation of the FCHR. In this regard, the Committee deemed it relevant to recall thatin accordance with art. 1.3 FCHR read in conjunction with art. 3.1 FCHR, the FCH is a separateentity from FIFA and was established to act as an intermediary in payments deriving from thefootball transfer system, especially for the payment of training rewards that fall due pursuant tothe Regulationon the Status and Transfer of Players (RSTP) and performs all requiredcompliance assessments in their execution. 11.In particular,the Committee underlined that the payment process represents a crucialcomponent of the distribution of training rewards i