FC Twente Sanctioned by the KNVB Licensing Committee in Relation to Doyen-Contracts
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SPECIAL REPORT TPO/TPI: an update TPO/TPI FC Twente sanctioned FC Twente sanctioned by the KNVB Licensing Committee in relation to Doyen-contracts By Dennis KOOLAARD Lawyer - De Kempenaer Advocaten Arnhem The Netherlands The Licensing Committee of the Dutch Football Association the KNVB has provisionally revoked the license of FC Twente, excluded it from participation in European football for three seasons and imposed a fine of EUR 45,250 on it for having withheld certain details from the KNVB Licensing Committee in respect of _________ contracts_____________________________________________________________________________________________________________________________ concluded with Doyen Sports. FC Twente accepted the sanctions in full. KNVB, ____________________________Media release, 15 December 2015 Introduction thereby deliberately misled the KNVB Background Licensing Committee, which is a Upon having become aware of violation of the KNVB Licensing FC Twente is a Dutch professional FC Twente Regulations. football club, playing in the highest agreement with Doyen Sports, the division of Dutch professional football. KNVB Licensing Committee requested The reason for banning FC Twente FC Twente to provide it with the draft from European football for three In the 2009/2010 sporting season, contracts to examine whether these sporting seasons is that the KNVB FC Twente won the national were in accordance with the Licensing Committee found that championship for the first time in the regulations of the KNVB. The KNVB FC Twente participated in European history of the club. Since 2012, Licensing Committee subsequently football in the 2014/2015 season with FC Twente experienced a great ordered FC Twente to make certain a license that was granted based on financial downfall. The repayments amendments to the contracts, most the information available to the KNVB and interest on debts related to likely because the KNVB was Licensing Committee at the time, investments made in the stadium and apparently of the view that Doyen which turned out to be incorrect. the salaries of its players were too 34 Sports would acquire influence in FC Twente is now sanctioned for high in comparison with its turnover. FC Twente icy in respect having obtained unjust sporting and FC Twente was therefore on the of the players concerned. The financial advantages from this lookout for financing. 33 amended contracts were then re- participation. examined by the KNVB Licensing Doyen Sports is a Malta-based sports Committee and approved.31 FC Twente industry company and its activities professional football will be revoked, include investing in football players unless FC Twente fully cooperates 35 However, following the publication of and clubs. Doyen Sports has been in with an independent investigation the contracts on the website Football the news in relation to the discussion 32 into the structure of the club. FC Leaks in November 2015, the KNVB on the prohibition on third-party Twente appears to cooperate fully Licensing Committee started an ownership or third-party investment with such investigation. investigation and concluded that in the football industry, particularly in FC Twente had withheld certain respect of the implementation of additions (a side-letter) to the Article 18ter in the 2015 edition of the contracts with Doyen Sports from the FIFA Regulations on the Status and KNVB Licensing Committee and Transfer of Players (FIFA RSTP), which prohibits such practices. Doyen Sports 31 release, 15 December 2015 33 34 www.knvb.nl/nieuws/betaald- S. DE VOOGT, FC Twente krijgt straf wegens banden met voetbal/licenties/15464/licentiecommissie-bestraft-fc- release, 15 December 2015 Doyen, NRC, 15 December 2015 twente www.nrc.nl/nieuws/2015/12/15/fc-twente-krijgt-fikse- 32 www.knvb.nl/nieuws/betaald- www.footballleaks.livejournal.com/ (currently straf-wegens-banden-met-doyen voetbal/licenties/15464/licentiecommissie-bestraft-fc- 35 suspended) twente. www.doyensports.com/aboutus 82 Football Legal SPECIAL REPORT TPO/TPI: an update TPO/TPI FC Twente sanctioned has recently been involved in an such institutions are of the view that During the debate in the European arbitration procedure before the Doyen Sports interfered with Court of Arbitration for Sport (CAS) in FC Twente and Third- relation to a dispute with the well be that disciplinary proceedings 26 January 2016, it was mentioned Portuguese football club Sporting before the disciplinary bodies of the that the contracts concluded between Lisbon, which was apparently decided KNVB and/or FIFA are to follow. FC Twente and Doyen Sports were in favour of Doyen Sports.36 Doyen allegedly comparable to the contracts Sports also publicly defended its TPI concluded between Sporting Clube de model before the Intergroup Sport of >> It may be that Portugal and Doyen Sports in relation the European Parliament in Brussels to the transfer of Marcos ROJO to 37 FC Twente is still to on 26 January 2016. Manchester United in August 2014. face sanctions in Since it appears that Doyen Sports About three and a half years after the prevailed in the arbitration first championship of the club, in respect of the proceedings before the CAS that January 2014, FC Twente announced followed, it will be interesting to see to have concluded a deal with Doyen substance of the whether the national and Sports to cope with the acute liquidity international football governing shortfall. This deal reportedly gave contracts bodies will nevertheless instigate Doyen Sports the right to certain disciplinary proceedings against percentages of future transfer fee of According to Dutch newspaper NRC, FC Twente. A distinction must seven players of FC Twente in Doyen Sports appears to have however be drawn between a exchange for a lump sum payment of acquired influence on the transfer contractual dispute, such as in the CAS EUR 5,000,000.38 policy of the club. FC Twente was proceedings involving Sporting Clube reportedly obliged to accept transfer de Portugal, and disciplinary fees above 50% of the market value of proceedings.41 The fact that Doyen Analysis the players concerned. If Doyen Sports Sports apparently, at least partially, wished to accept such offer, but FC prevailed in such dispute does not Twente declined, FC Twente would necessarily exclude the possibility that As FC Twente has currently only been apparently have to pay Doyen Sports a disciplinary proceedings are still to be sanctioned for having failed to fee proportional to the rejected opened in respect of Sporting Clube de disclose information to the KNVB 40 offer. For a club in financial difficulty Portugal or FC Twente for a violation Licensing Committee, it may be that it would arguably be difficult, if not FC Twente is still to face sanctions in of Article 18bis of the FIFA RSTP. impossible, to reject transfer offers respect of the substance of the without the consent of Doyen Sports. contracts. The KNVB Licensing The question to be answered is Committee, the jurisdiction of which is Editors Note: On 29 March 2016, FIFA therefore whether this constitutes an announced that several clubs had been limited to applying the KNVB Licensing undue influence in FC Twente sanctioned for breach of third-party Regulations, forwarded its findings to transfer policy and hence a violation influence, third-party ownership rules. the Prosecutor Professional Football FC Twente Club 39 of Article 18bis of the FIFA RSTP. It is of the KNVB and to FIFA. As such, if FC Twente of the Netherlands was however to be noted that the sanctioned with a fine of CHF 185,000, a contracts between FC Twente and warning and a reprimand for breaching art. Doyen Sports were concluded before 18bis (2012 edition), art. 18ter par. 5 (2015 36 See CAS media release regarding CAS 2014/O/3781 & the entry into force of the 2015 FIFA edition) as well as annexe 3 of the 3782 of 24 December 2015 RSTP and therefore fall outside the Regulations. The club was found to be www.tas- liable for entering into contracts that cas.org/fileadmin/user_upload/Media_Release_24.12.15. ambit of the newly implemented pdf Article 18ter. enabled a third party to influence the club 37 in employment and transfer-related matters, failing to upload a TPO agreement www.doyensports.com/pressroom#/noticia23 38 into the library in TMS, breaching A. WARSHAW, Dutch hit Twente with Euro ban and fine confidentiality rules and failing to declare over TPO and Doyen's dirty dealing, Inside World Football, 17 December 2015 mandatory information in ITMS. www.insideworldfootball.com/world- football/europe/18540-dutch-hit-twente-with-euro-ban- and-fine-over-tpo-and-doyen-s-dirty-dealing www.knvb.nl/nieuws/betaald- 41 See also: Wie bij F - voetbal/licenties/15464/licentiecommissie-bestraft-fc- A. DUVAL / O. VAN MAREN NRC, 26 November 2015 twente. 40 www.nrc.nl/next/2015/11/26/wie-bij-fc-twente-wist-van- - NRC, 2015, last accessed 1 March 2016, side-letter-doyen-1564149. 39 26 November 2015 www.asser.nl/SportsLaw/Blog/post/unpacking-doyen-s- Licentiecommissie bestraft FC Twente, KNVB press www.nrc.nl/next/2015/11/26/wie-bij-fc-twente-wist-van- tpo-deals-sporting-lisbon-s-rebellion-in-the-rojo-case-by- release, 15 December 2015 side-letter-doyen-1564149. antoine-duval-and-oskar-van-maren. Football Legal 83 WORLD IN REVIEW THE NETHERLANDS Directed by Dennis KOOLAARD First match-fixing case in Dutch football By Dennis KOOLAARD Lawyer - De Kempenaer Advocaten Arnhem the Netherlands Royal Dutch Football Federations (KNVB) Match-fixing The KNVB considers it proven that the match between FC Utrecht and Willem II of 9 August 2009 was manipulated, basing its verdict on email correspondence between the player Ibrahim KARGBO (right) and Wilson RAJ PERUMAL. __________________________________________________________________________________________________________________________________________________________________ Introduction Email correspondence trying to make money out of this business. People want to win and they will do 7 On the day of a debate on match-fixing in The case principally concerns Ibrahim the Dutch Parliament, the Dutch Football KARGBO and Wilson Raj PERUMAL.