A dispute that has been going on for more than three years between Atlético Nacional and Cortuluá, for the transfer of the player Fernando Uribe, could shake the foundations of Colombian soccer. The Antioquia club, the largest in the country and two-time champion of the Copa Libertadores, could be at risk of being disaffiliated from the Dimayor for going to ordinary justice. The issue is so urgent that an extraordinary assembly with all professional clubs was called for this Wednesday.
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Nacional cannot sign up new players today until it pays Cortuluá five million dollars. And now, the greens have filed a tutela action to be respected, according to them, due process. To understand this mess you have to go to 2012, when Uribe arrived at Nacional from Chievo Verona. When Cortuluá transferred the player to Italy, he reserved 50 percent of the economic rights and that was maintained when he returned to the country.
In mid-2014, Nacional transferred Uribe to Millonarios and later, the player left with the rights in hand, as he did not renew with Nacional or with Millos. There the litigation began, because in the agreement that Cortuluá and Nacional signed, the player was valued at 10 million dollars. The Valle del Cauca club demanded its 50 percent, that is, 5 million. The commissions of the Statute of the Player of the Dimayor and the Colombian Soccer Federation ruled in favor of Cortuluá. That was in 2018.
Fernando Uribe in Nacional.
Nacional took the case to the TAS, which ordered the green club to pay $ 150,000, corresponding to half the value of the loan, a figure that has already been turned over. But Cortuluá took the case to the Swiss High Court, which overturned the ruling for lack of jurisdiction. In other words, what is still standing was what was decided in Colombia. The Valle del Cauca club claimed that it was harmed by Nacional’s performance. “Cortuluá would never have approved a loan without renewal because the trap could be seen coming, he is an important player and had to sign for at least three years, but they did not know. Things fall apart as they are done. And Nacional let him lose in the second year ”, explained the president of Cortuluá, Óscar Ignacio Martán, to Futbolred.
(Also read: Nacional explains the reasons for the protection against the Federation and the Dimayor)
Why that value? The one who speaks now is the former president of Nacional Juan Carlos de la Cuesta, who was in charge of the club when the negotiation was made: By halves, the value of the purchase had to be discounted, and Nacional had only $ 500,000 left, so we raised the price, so that it would be equitable for Nacional and Cortuluá. But always based on a sale ”, explained De la Cuesta in El VBar, of Caracol Radio.
Nacional drew on his entire legal arsenal, including former prosecutor Néstor Humberto Martínez, whose arguments could even destroy the Federation’s sports justice authorities.
(Also read: Juan Carlos de la Cuesta defends his actions in litigation by Fernando Uribe)
In Colombia no one is obliged to pay money if there is no jurisdictional ruling, we are looking for that instance to be reestablished
“We are not taking the case to the ordinary justice, what we are doing is that the guardianship judge is the justice that defines the issue based on the federative regime and the Fifa regime. In the regulations of the Federation and Fifa it does not appear that the decision of the player’s statute commission is not a judicial instance. In Colombia, no one is obliged to pay money if there is no jurisdictional ruling, we are looking for that instance to be reestablished. I have spoken with Dr. Martán, so that we can meet with a court to say that they are owed that money. If that is so, the next day they will have that money, as long as that does not exist, they will not be able to pay that obligation that does not exist ”.
Meanwhile, the five players that Nacional hired (Dorlan Pabón, Felipe Aguilar, Ruyery Blanco, Nelson Palacios and Yeison Guzmán), who have not been able to play because they are not registered, filed separate protection actions, alleging the right to work. Three of them have already been declared inadmissible, since the responsibility for what is happening lies with their employer. And registration closes on Friday, so the process should have a solution soon. Who is right?
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