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

Decision before the CAS

All parties involved in the transfer ban against 1. FC Köln have lodged a complaint with the CAS. A timely result is not to be expected, the International Sports Court announced at the end of April, so the Fifa decision against the Bundesliga club stands. While this continues to move in a vacuum when it comes to squad planning, the legal expert Horst Kletke made the Cologne team in the “ARD” podcast “The justice reporters“ Little hope that the world association would have given itself a weakness in the process. The most important questions and answers at a glance.

Dispute about a transfer ban for 1. FC Köln: That is the starting point

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

community
Discuss 1. FC Köln in the forum nowThis way
In January 2022, the Slovenian youngster canceled his contract with NK Olimpija, which ran until 2024, “due to numerous breaches of contract on the part of the club” and shortly thereafter signed a working paper with the Germans. “The player signed a contract in June 2021 with various promises, including being allowed to train with the first men’s team. This was demonstrably not complied with. Accordingly, the player unilaterally terminated his contract on January 30, 2022 due to non-compliance with contractual commitments and signed with 1. FC Köln on January 31,” said FC Managing Director Christian Keller, explaining the facts from a Cologne perspective.

In particular, the background to Cuber Potocnik’s termination is considered a central issue in this case. Sports law expert Kletke made it clear that the extraordinary termination of a player is possible in principle, as stipulated in paragraph 17.4 of the FIFA Transfer Regulations, but the player must have warned his club in writing beforehand, stating the reasons and adhering to a corresponding deadline. The transfer dispute between Cologne and Ljubljana obviously depends on the proof of such a reminder. “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 was still in place,” Kletke summed up the situation succinctly. In principle, the following also applies here: “If deadlines are not met, then you cannot win the case.”

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

As a first step, the Bundesliga club wants to temporarily suspend the verdict. The Slovenian first division club is aiming for a much higher financial compensation than the 51,750 euros set in the judgment of the world association Fifa. According to “Kölner Rundschau” information, Ljubljana continues to demand a fee of 2.5 million euros. According to the Slovenians, the basis for the sum is an offer that they would have received from Dinamo Zagreb. The convicted player, meanwhile, wants to negotiate his four-month ban before the international court of justice.

The international sports court will first decide in a separate procedure whether the ban for the Cologne team will be temporarily put on hold. As long as this runs, the people of Cologne want to apply for a suspension of the penalty. If the negotiation of the appeal in the case of the Potocnik change drags on – which can take up to six months – the Cologne team could at least sign players in the summer.

“From our point of view, Fifa made a completely absurd judgment without any basis,” said Christian Keller about the transfer ban imposed on his club. The judgment was “not only a farce in terms of content, but also in terms of the process.” In the Cologne brief on the allegations, “a lot of witnesses were named, including the former President of Ljubljana. And then there was no oral hearing. Three judges withdrew to their chambers and made a verdict that couldn’t be more draconian,” Keller continued.

Legal expert Horst Kletke does not see any procedural violations on the part of the world association: “It seems that Fifa has informed both clubs about the existing procedure and has given them a legal hearing, because everyone was able to write a brief, as Mr. Keller says. Then the announcement was over – but that’s the way 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 that the fact that Fifa’s proceedings are judged so quickly is more of an advantage: “Because you get to pot there. You are not cut off with anything (no right), you just have to work very quickly, very thoroughly and very intensely.”

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

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

Keller, who was not in office when the player signed, said there had been a friendly exchange with NK Olimpija officials on August 30 last year. The Cologne 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 unrealistic,” said the FC manager.

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

The “Dispute Resolution Chamber” agreed with the Slovenians and ruled that the Cologne-based company 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.

Five licensed player contracts are expiring, captain Jonas Hector is retiring and goalkeeper Timo Horn is leaving the club after 21 years. With Justin Diehl, Elias Bakatukanda and Damion Downs, the club is now raising three players from the U19s to the professionals of coach Steffen Baumgart. In Leart Paqarada (FC St. Pauli), one player has been signed for the coming season, but he could “fall victim” to a FIFA ban insofar as he is not allowed to play. Three loan players are returning: Ondrej Duda (Hellas Verona), Noah Katterbach (HSV) and Marvin Obuz (Holstein Kiel).

While other clubs have long been working on the squads for the coming season, the plans at FC are on hold. “Immediate damage has already occurred for the Bundesliga club because we cannot sign players on a free transfer,” Keller recently clarified. In an interview with the “Geissblog” portal, Baumgart (quoted via “The mirror“) some time ago identified the offensive in particular as a construction site for the coming summer:

“Up front we have three great center forwards in Steffen Tigges, Davie Selke and Florian Dietz. But perhaps we also need a fourth who has other qualities. As a fast player around, we only have one with Linton Maina at the moment. We don’t have a good one-on-one player either. So we are thinking about a few things.” Whether and to what extent these considerations can still be implemented remains questionable for the time being.

To home page