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The Court of Arbitration for Sport (CAS) has followed FIFA’s Dispute Resolution Chamber and confirmed its judgement in connection with the signing of Under-19 player Jaka Cuber Potocnik, previously with Olimpija Ljubljana, in January 2022. The CAS decision was delivered to 1.FC Köln this Thursday, December 21 afternoon.
In a ruling dated February 1, 2023, which was received by FC on March 29, 2023, FIFA confirmed that the player had breached his contract and also assumed that 1.FC Köln was unable to provide sufficient evidence that it had not incited the player to breach his contract. As a result, a transfer ban, i.e. a ban on registering new players, was imposed on 1.FC Köln for two transfer periods at first instance. In addition, Jaka Cuber Potocnik was banned from playing for four months and Olimpija Ljubljana was awarded damages of around €52,000 against the player with joint liability on the part of 1.FC Köln. After 1.FC Köln appealed against this decision to CAS, the ruling was initially suspended by CAS with effect from 26th May 2023. Although 1.FC Köln put forward extensive arguments against the FIFA decision and the FC’s presentation of the facts was confirmed by numerous witnesses at the hearing, CAS has now finally ruled against 1.FC Köln and Jaka Cuber Potocnik.
1.FC Köln Managing Director, Christian Keller said: “We would have liked and expected a different judgement. Accordingly, we are very disappointed that CAS has ruled that Jaka Potocnik’s dismissal was not legally valid despite numerous pieces of evidence to the contrary and, at the same time, has not seen sufficient evidence that 1.FC Köln did not instigate the dismissal. Irrespective of this, we now have clarity and the several months of limbo are finally over. We have always said that we have always taken the transfer ban scenario into consideration and will organise our squad planning accordingly until the end of the now definitive ban. The following applies: there is always an opportunity in every challenge. It is precisely with this attitude that we will look ahead and tackle this challenge.”
