This is really “the wrong final metaphor,” said Christian Keller, before he finished his remarks and fled from the downpour to nearby Geißbockheim. The reporters were left standing in the rain and many questions about a legal case that could seriously endanger 1. FC Köln in its sporting existence and in its competitiveness as a first division club.
When heaven was still merciful, sports director Keller commented on the drastic decision of a Fifa judiciary, which FC had received the day before and which, in its consequences, is likely to shake the walls of the venerable clubhouse. In the decision of February 1st, which has only just been delivered, the world association imposed a registration ban on the Bundesliga club for “inciting a breach of contract” when transferring a Slovenian junior player in early 2022, which will apply for the duration of two transfer periods.
The decision, if it should become final, corresponds to a transfer stop until the summer of 2024 – numerous legal uncertainties as a result. The Cologne team does not currently know whether they can re-register players who have been loaned out and include them in their team.
1. FC Köln will appeal to the International Sports Court Cas as soon as possible in order to first have the judgment suspended and then to have it lifted or at least mitigated. But the ban imposed by Fifa is already having a striking effect, regardless of the further course of the process: the squad planning for the coming season lacks any reliable basis, the Cologne team cannot currently make any promises about their eligibility to play for players they want to recruit. The 28-year-old defender Leart Paqarada (FC St. Pauli), who has already been signed for the new season, has a valid employment contract from July 1, but is unlikely to take part in Bundesliga and other competitive games. This is a punishment that “can hardly be more draconian,” as Keller said, “From our point of view, Fifa made a completely absurd judgment without any basis.”
The people of Cologne see themselves in the right, assures sports director Keller that FC are not guilty of any omissions
The “Dispute Resolution Chamber” followed a lawsuit by the Slovenian club Olimpia Ljubljana, which accuses the Cologne team of machinations when changing a young player. In January 2022, the Cologne team signed the then 16-year-old Slovenian Jaka Cuber Potocnik, who had unilaterally terminated his agreement with Ljubljana the day before by giving notice. The appeal to Cas and a possible contrary or at least suspensive decision comes too late for the affected 17-year-old: he is immediately blocked by the Fifa decision (for four months) and from participating in the semi-finals for the DFB Cup and the U-19 championship with 1. FC Köln are not eligible. He is one of the regulars for the U19s.
The club was “massively surprised” by the verdict, explained Christian Keller. The procedure that Olimpija had initiated after an unsuccessful attempt at agreement in August 2022 was “a farce, not only in terms of content, but also because of how it came about”: the Slovenians had filed a lawsuit, FC a reply, “only two briefs, but in There was no oral hearing of the matter. Three judges from the Fifa tribunal withdraw to a small room – and then make a judgment like this.” Such a procedure in the style of a secret trial is not compatible with local legal principles, but with the regulations of Fifa, recorded in the text on “maintaining contractual stability between professional players and clubs”, on the other hand it is.
The transfer of the then 16-year-old Jaka Cuber Potocnik (left) suddenly put 1. FC Köln in trouble.
(Photo: Herbert Bucco/dpa)
The people of Cologne see themselves, as Keller steadfastly assured, in the right. Jaka Potocnik signed a contract with Ljubljana that contained special promises (e.g. participation in the training of the professional team), but these were not kept. In their statement of defense “a lot of witnesses were named, including the former president of Ljubljana, who can testify to the promises made to the player and an exit clause – which we also have in writing,” reported Keller.
Legally, the people of Cologne had the problem that they had to prove their innocence themselves
The managing director rejected failures on the part of FC. An amicable agreement with Ljubljana failed due to the demands of the other side, said Keller, reacting to statements made by Olimpija Vice President Christian Dollinger in the Cologne City Gazette had made. Dollinger, a lawyer from Munich, said that after the rejection of a “not outrageous offer” to settle the conflict, the people of Cologne did not get in touch: “There was simply radio silence.”
Keller explained that FC had offered the amount that was stipulated in the 16-year-old’s release clause, “plus the international training compensation – Ljubljana would have done much better with that”. But Ljubljana refused. In its verdict, Fifa grants the Slovenian club a meager 52,000 euros.
Legally, the people of Cologne had the problem that they didn’t she of unlawful conduct had to be convicted, but they themselves had to prove their innocence. Keller: “The verdict does not state that 1. FC Köln instigated the player to breach the contract. It states that we cannot prove that we did it not have instigated – a massive difference.” The reversal of the burden of proof is also incompatible with local legal principles – but it applies in the Fifa paragraphs.