Transfer dispute between 1. FC Köln & Ljubljana: Most important questions & answers

Transfer ban is being negotiated

This article was first published in May 2023 and has been updated with new information.

Bundesliga club 1. FC Köln is hoping for the transfer ban imposed by FIFA to be lifted. At the hearing before the International Court of Arbitration for Sports (CAS) that begins this Tuesday, the Cologne team wants to have the verdict finally overturned. The world football association had imposed a transfer ban for two substitution periods and a fine on the Bundesliga club due to alleged misconduct in the signing of the then 17-year-old young striker Jaka Cuber Potocnik from Olimpija Ljubljana in January 2022.

In contrast, both Cologne and the Slovenian club, which is demanding higher compensation, and Potocnik himself went to CAS. The Court of Arbitration for Sport suspended the ban until the appeal ruling, meaning the Cologne team was able to operate on the transfer market this summer. No verdict is expected at the two-day hearing of all three parties on Tuesday and Wednesday in Lausanne. The most important questions and answers are listed below.

Dispute over the transfer ban for 1. FC Köln: This is the starting point

At the end of March, the world football association FIFA issued a transfer ban for two transfer periods against the Cologne team. The reason for the penalty is the dispute between the seven-time Slovenian champions NK Olimpija Ljubljana and the FC over the signing of the 17-year-old young striker Jaka Cuber Potocnik in January 2022. The FIFA Dispute Resolution Chamber found the Cologne team guilty of unjustified breach of contract and the Guilty of incitement to breach of contract. In addition to paying 51,750 euros to his former club, Potocnik was also suspended for four months.

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According to information from Cologne, the Slovenian youngster terminated his contract with NK Olimpija, which runs until 2024, in January 2022 “due to numerous contractual violations on the part of the club” and shortly afterwards signed a working paper with the Germans. “The player signed a contract in June 2021 with various promises, including that he would be allowed to train with the first men’s team. This was demonstrably not adhered to. Accordingly, the player unilaterally terminated his contract on January 30, 2022 due to non-fulfillment of contractual commitments and signed with 1. FC Köln on January 31,” FC managing director Christian Keller explained the situation from Cologne’s perspective.

In particular, the background to Cuber Potocnik’s termination is considered a central issue in the case. Sports law expert Horst Kletke recently told the people of Cologne in the “ARD” podcast “The justice reporters“There is little hope that the world association has exposed itself in the process. The legal expert made it clear that the extraordinary termination of a player is in principle possible, as stated in paragraph 17.4 of the Fifa transfer regulations, but to do so he must first have warned his club in writing, stating the reasons and observing a corresponding deadline. The transfer dispute between Cologne and Ljubljana apparently depends on proof of such a warning. “The player has terminated the contract. As FIFA has found, without good reason. “If that’s the case, then he shouldn’t have changed because the old contract still existed,” Kletke summed up the situation succinctly. The basic principle also applies here: “If deadlines were not met, then you cannot win the case.”

Transfer dispute between Cologne & Ljubljana: That’s what the parties want

The Bundesliga club wants to have the verdict finally suspended. The Slovenian first division team recently sought far higher financial compensation than the 51,750 euros set in the ruling by the world association Fifa. According to “Kölner Rundschau” information, Ljubljana continues to demand a transfer fee of 2.5 million euros. According to the Slovenians, the basis for the sum is an offer that they received from Dinamo Zagreb. The convicted player, however, wants to hear his four-month ban before the international court.

“In our opinion, FIFA has made a completely absurd judgment without any basis,” said Keller after the transfer ban was imposed on his club. The verdict was “a farce not only in terms of content, but also in terms of procedure”. In the Cologne brief on the allegations, “a lot of witnesses are named, including the former president of Ljubljana. And then there was no oral hearing. “Three judges retreated into their little rooms and made a ruling that couldn’t be more draconian,” Keller continued.

Legal expert Horst Kletke, however, does not see any procedural violations on the part of the world association: “It seems to be the case that FIFA informed both clubs about the existing procedure and granted them a fair hearing, because everyone was able to write a written statement, as Mr. Keller says. Then the announcement ended – but that’s how it is. Witnesses are almost never heard. Usually only at a written hearing anyway. If the jury has enough material, then it doesn’t need any witnesses.” Kletke said the fact that Fifa’s cases are judged so quickly is actually an advantage: “Because you can get to the bottom of it there. You are not cut off from anything (no right), you just have to work very quickly, very thoroughly and very intensively.”

Transfer dispute between Cologne & Ljubljana: Chance of an out-of-court settlement?

Given the last few months, it remains questionable whether the two clubs can still reach an agreement without a legal ruling from CAS. Ljubljana’s Vice President Christian Dollinger told the “Bild” newspaper in the spring that the Slovenians were looking for an amicable solution: “We actually wanted to resolve the matter peacefully and that’s why we were in Cologne last spring. We were very surprised that this wasn’t possible at a collegiate club level.”

Keller, who was not yet in office when the player was signed, said that there had already been a friendly exchange with representatives of NK Olimpija on August 30 last year. However, Cologne’s settlement offer, which was higher than the amount that FC now has to pay to the Slovenian club, was not accepted. “What Ljubljana demanded was completely far from reality,” stated the FC managing director.

What would a transfer ban mean for 1. FC Köln?

The “Chamber for the Settlement of Disputes” agreed with the Slovenians and decided that the Cologne team would not be allowed to register any players in the next two transfer periods. That means: Cologne could theoretically sign players, but then not let them play in competitive games.

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