Shelbourne Football Club told the High Court yesterday it was willing to sign former UCD mid-fielder Alan Cawley "tomorrow" but was not prepared to pay his former club an FAI-imposed €20,000 compensation fee.
Sligo-born Cawley, who played with Leeds United and Sheffield Wednesday before returning to sign for UCD, wants the High Court to direct the FAI to register him as a Shelbourne player and strike down its €20,000 fee.
Mr William O'Brien, counsel for Cawley, told Mr Justice Eamon de Valera that because of the fee, the 22-year-old professional footballer was effectively being prevented from plying his trade and earning a living.
The compensation fee was recently introduced by FIFA so that clubs which nurture and develop young players would be compensated for their contribution to a player's growing success as he progressed to higher levels in the game.
He said Cawley had gone to England at 15 and had spent a number of years with Leeds when David O'Leary was manager. Due to the success of Leeds in the Premiership at the time and the club's policy of buying in expensive international players, Cawley had felt his opportunities were limited at Leeds and had moved to Sheffield Wednesday.
For similar reasons, he decided to return home and had played for two seasons with UCD.
When his contract with UCD had expired, and following UCD's relegation to Division 1 of the Eircom League, he had been approached by Shelbourne with a €500-a-week offer if he signed for them.
When he had agreed terms with Shelbourne, his former club UCD had sought €50,000 compensation, a figure which a tribunal of the FAI had reduced to €20,000.
Shelbourne had refused to pay the €20,000 fee and had repudiated its agreement with him.
"He wants to play for Shelbourne. He wants to better himself. League champions Shelbourne would, in Irish terms, be the Man United of the FA and have qualified to play in the Champions League next year, which is the dream of every player," Mr O'Brien said.
Mr O'Brien submitted that when the FAI tribunal imposed the compensation fee on Shelbourne, it was effectively saying to Cawley that unless his new club paid €20,000, he would never work again, a directive which was not limited in either time or scope.
He said the FAI tribunal's decision had imposed a restraint to trade so radical that Cawley could not go to work as a professional footballer again unless registered and licensed by the FAI.
Mr Eamon Marray, counsel for the FAI, said the compensation fee related only to Shelbourne Football Club, for which Cawley could play on payment of the fee by the club.
He was not restrained from playing for any other Irish league team and had already been approached by Drogheda United and Derry City.
Mr Justice de Valera adjourned Cawley's application until April 23rd to allow Shelbourne Football Club an opportunity to tender evidence as to its interest in Cawley.