1. FC Köln is facing a potentially tricky future in terms of sport. Because in the next two change periods, i.e. in the summer and winter transfer window of the 2023/24 season, the club is not allowed to register any new players. This was decided by the chamber for the settlement of disputes of the world football association FIFA.
The reason for this is the circumstances of the signing of the then 16-year-old young talent Jaka Cuber Potocnik from Olimpija Ljubljana in January 2022. Just one day before Potocnik signed in Cologne, his mother had terminated his contract in Ljubljana because she believed that agreements had not been kept , after complaining to the club a week earlier. The Slovenians insisted on a breach of contract and turned on FIFA.
“Very big problem for 1. FC Köln”
“The FIFA Chamber says the mother’s complaint does not justify the unilateral termination of the contract. So this is a unilateral termination of the contract without a good reason. And all of this is now a very, very big problem for 1. FC Köln,” said journalist Chaled Nahar on Deutschlandfunk. According to FIFA rules, the burden of proof now lies with 1. FC Köln due to the proven breach of contract, said Nahar. And according to the chamber, the club could not prove that it was not involved in the breach of contract. “And then the rules make it very clear what the penalty is.” In addition to the registration ban for 1. FC Köln, Potocnik was also banned for four months. In addition, player and club have to pay around 50,000 euros to Olimpija Ljubljana.
Three lawyers made the decision, explains Nahar. “One was several times an arbitrator at the International Court of Arbitration for Sports, the other a lawyer for the club association ECA and the third is a lawyer for the players’ union FIFPro. And all three said unanimously that this breach of contract has been proven.”
The lawyers would primarily refer to the timing. On January 23, 2022, Potocnik’s mother filed a complaint with his former club about allegedly unfulfilled agreements. On January 30, she terminated the contract. Potocnik signed in Cologne on January 31st. “In an appeals process, it will now be a major task for 1. FC Köln to either explain that they have nothing to do with it or to have the breach of contract declared legally valid.”
1. FC Köln wants to move in front of the CAS
The FC has already announced that it will appeal the verdict and appeal to the CAS. “That is also understandable because the penalty is of course a major disaster for 1. FC Köln,” said Nahar. The club has already suffered damage: “Which player is still going to 1. FC Köln if he knows that he might not be able to play there from summer? Even if the penalty is postponed: 1. FC Köln can then maybe not develop further personally for a year later. Is such a club at all attractive for a potential new player? Most potential new players will say: No, it is not.”
A hope for the FC is now that the judgment will be postponed by the appeal to the CAS, so Nahar. “Then FC would have the opportunity in the summer to prepare for the catastrophe a little better in this transfer window. If that’s not the case, it will of course have a significant impact on squad planning and sporting development for the next season. Then the people of Cologne won’t be able to register anyone , except loan players who come back. Also, you can renew the contracts of loan players who are already there and you can bring up amateurs. But you can’t sign other professionals, loan players, bring in youth players. The women’s team can still register players, but That would be a ban for the men’s team. And of course that has a major impact on the sport.”