Board advisor Jörg Jakobs (l.) and managing director Christian Keller in the Franz Kremer Stadium. (Photo: Bucco)
1. FC Köln recently shied away from providing answers regarding initial contact with Jaka Cuber Potocnik. Insights into the CAS ruling now provide more clarity – and also reveal the machinations of Olimpija Ljubljana.
On December 21, 2023, shortly after the separation from coach Steffen Baumgart was announced, 1. FC Köln received news from Lausanne that amounted to bad news. The International Court of Arbitration for Sport confirmed the one-year transfer ban previously imposed by FIFA. Now that the billy goats have completed the first of two rotation periods without any new additions, there are insights into the fateful CAS ruling.
FC signed the storming talent Jaka Cuber Potocnik on January 31, 2022, one day after his termination from Olimpija Ljubljana. According to the CAS, neither the alleged incitement to breach of contract could be refuted – nor could sufficient reasons be provided for Potocnik’s termination.
Potocnik advisor contacted Jakobs
During the appeal process in September 2023, the FC explained that Potocnik’s commitment had only been legally examined after his termination and that the transfer had been carried out following the lawyers’ positive assessment. One cannot blame the club for achieving all of this in less than a day. However, the judges noted: “Cologne was unable to provide evidence (such as emails with a clear stamp or reports) for its so-called ‘comprehensive investigation’.” This is what the judgment, which is available to GEISSBLOG, says.
At the FC’s most recent members’ meeting on January 10th, contact with Potocnik was most recently discussed and discussed heatedly. Managing director Philipp Türoff squirmed as best he could, and president Werner Wolf promised clarification in the coming months. The CAS ruling now shows that Potocnik’s advisor Goran Sukalo had already contacted Jörg Jakobs in December 2021 to make him aware of the storm talent.
Because of his strong interest, Cologne offered a ‘safety net’.
From the CAS ruling
Accordingly, the actual board advisor Jakobs, who was responsible for “the strategic direction of the sporting area and squad planning” in 2021 after Horst Heldt left (according to the club’s official announcement in May 2021), had the first contact with the Potocnik camp. According to the judgment, the FC explained in the CAS proceedings: “The few previous contacts (in Potocnik, Anm. d. Ed.) were only of a general nature and were produced by an ‘external consultant’.” But whether Jakobs was acting as an external consultant or interim sports director at the time did not play a major role for the court anyway. Since the FC trusted his advice, the club is liable.
The judges saw Jakobs’ contact with Potocnik advisor Sukalo as evidence of the Bundesliga club’s interest. The verdict says: “After the statements made at the hearing, in particular from representatives of Olimpija and Mr. Jakobs, it became clear to the panel that 1. FC Köln had great interest in signing the player and that he was the way had paved the way for his transfer long before the player terminated the contract with Olimpija. Mr. Jakobs himself admitted that six days before terminating the Olimpija contract, he had told Mr. Sukalo about his ‘general interest in the player’, whom he saw as an emerging talent and possible future target.” The conclusion: “By his strong Cologne offered a ‘safety net’ without which the player would most likely not have dared to leave his training club.”
The reasons why Potocnik quit in Ljubljana were interpreted by the CAS as personal promises from the Slovenians rather than as binding agreements. From the court’s point of view, the family of the now 18-year-old had no right to take this step. As is well known, Potocnik is currently serving the second half of his four-month ban – and his former club Olimpija certainly didn’t leave the courtroom as a winner either. Ultimately, the Slovenians demanded a fine of 2,507,200 euros.
Fake offer from Manchester City
Ljubljana had constructed this sum from an alleged offer from Dinamo Zagreb, transmitted by player agent Andy Bara. But: The chairwoman of Dinamo’s management, Vlatka Peras, who was called as a witness by the FC, vehemently contradicted this. There was no interest from Zagreb. Significantly, Bara canceled his presence as a witness “for some unknown reason.” The judges in Lausanne came to the conclusion that the Dinamo offer “does not, and that is an understatement, correspond to the facts” – according to further quotes from the judgment.
Also explosive: Ex-Olimpija sports director Mladen Rudonja stated before the CAS “that his successor, Mr Barisic, had asked him in vain to prepare a false undated offer from Manchester City, which (…) could indicate that Olimpija is trying to do so altogether “had to artificially increase the value of the player”. This in turn is likely to be the reason for the criminal complaint that the FC filed against three Olimpija representatives “for attempted fraud” shortly after the CAS hearing in September 2023.
Ljubljana ultimately had to settle for 60,000 euros plus interest. The insights into the CAS verdict underline the suspicion that has already solidified in recent months: This process only knows losers – apart from FIFA, which has managed to set an example.
2024-02-03 13:18:42
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