Labour Disputes
Texto da decisão
REF. FPSD-XXXXX
Decision of the
Dispute Resolution Chamber
passed on 15 May 2025
regarding an employment-related dispute concerning the player
A
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Calum BEATTIE (Scotland), Member
Stijn BOEYKENS (Belgium), Member
CLAIMANT:
Player A, Country A
RESPONDENT:
Club A, Country B
pg. 2
REF. FPSD-XXXXX
I. Facts of the case
1.
On 11 January 2024, the Country A player A (hereinafter: the Claimant or the Player) and the
Country B club Club B (hereinafter: the Respondent or the Club) concluded an employment
contract (hereinafter: the Contract) valid as from its date of signature until 30 June 2026.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows:
“1. 2023/2024 SEASON;
1.1. ADVANCE PAYMENT: A total down payment of 40,000 Euros (forty thousand Euros) for the
2023/2024 football season will be paid to the player on March 30, 2024.
1.2. MONTHLY SALARY: The yearly salary of the Player for season 2023/2024 shall be EUR 70,000
(seventy thousand Euros) totally. The amount (70,000 EUR) shall be divided into 5 (five) equal
salaries so Player's monthly salary shall be EUR 14,000 (fourteen thousand Euros) each month
(February 2024 – June 2024).
2. 2024/2025 SEASON:
MONTHLY SALARY: The yearly salary of the Player for season 2024/2025 shall be EUR 150,000
(One hundred fifty thousand Euros) totally. The amount (150,000 EUR) shall be divided into 10
(ten) equal salaries so Player's monthly salary shall be EUR 15,000 (fifteen thousand Euros) each
month (September 2024 - June 2025).
3. 2025/2026 SEASON:
MONTHLY SALARY: The yearly salary of the Player for season 2025/2026 shall be EUR 200,000
(two hundred thousand Euros) totally. The amount (200,000 EUR) shall be divided into 10 (ten)
equal salaries so Player's monthly salary shall be EUR 20,000 (twenty thousand Euros) each
month (September 2025 - June 2026).
All payments mentioned above will only be valid if the player has a valid contract with the club
on the payment date.. [sic]
1) All amounts written above are NET payments. The remuneration to be paid to player under
this contract shall be net of any Country B Taxes. To remunerate the player with the net amounts,
the club shall pay the withholding tax arising from the net remunerations of the player under
this contract to the tax office. In addition to the withholding tax, the club shall also cover the
amount of income tax the player is to pay in Country B due to his income determined in this
contract, provided that player pays in his income tax and submits the proof of payments to the
club.
2) BONUSES:
pg. 3
REF. FPSD-XXXXX
2.1. 2023/2024 SEASON:
i) If the player starts in the first 11 of at least 10 (ten) official league matches, EUR 25,000 (twenty
five thousand Euros) will be paid. If the bonus mentioned here becomes valid, the payment date
will be 30 July.
ii) If the player scores 10 (ten) goals and/or assists (goals + assists) in official league matches in
the relevant season, the Club will pay a total of EUR 10,000 (ten thousand Euros) to the Player.
If the bonus mentioned here becomes valid, the payment date will be 30 July.
3) BONUSES: (It is valid for each season the contract continues,)
i) If the player starts in the first 11 of at least 20 (twenty) official league matches, EUR 50,000
(fifty thousand Euros) will be paid. If the bonus mentioned here becomes valid, the payment date
will be 30 July.
ii) If the club is placed in the 2nd place at the end of the League A ranking table in the relevant
season, the club will pay EUR 35,000 (thirty five [sic] thousand Euros). If the bonus mentioned
here becomes valid, the payment date will be 30 June.
iii) Club shall pay EUR 50,000 (fifty thousand Euros) in case of Club shall become champion at
Country A League. If the bonus mentioned here becomes valid, the payment date will be 30 June.
iv) The above mentioned [sic] bonuses are not cumulative. If player entitles to the bonus written
on iii), the bonus written on ii) shall not he paid.
v) Club shall pay EUR 25,000 (twenty five [sic] thousand Euros) in case of Club shall become
champion at Country A Cup.
4) Season 2023/2024 Guarantee Bonus: EUR 10,000 (ten thousand Euro):
All extra bonuses that the player will receive from the team's win and draw, will be deducted
from the EUR 10,000 (ten thousand Euro) guarantee bonus. The remaining amount from the
balance guarantee bonus will be paid to the player on June 30, 2024.
5) Season 2024/2025 Guarantee Bonus: EUR 10,000 (ten thousand Euro).
All extra bonuses that the player will receive from the team's win and draw, will be deducted
from the EUR 10,000 (ten thousand Euro) guarantee bonus. The remaining amount from the
balance guarantee bonus will be paid to the player on June 30, 2025.
6) Season 2025/2026 Guarantee Bonus: EUR 10,000 (ten thousand Euro),
pg. 4
REF. FPSD-XXXXX
All extra bonuses that the player will receive from the team's win and draw, will be deducted
from the EUR 10,000 (ten thousand Euro) guarantee bonus. The remaining amount from the
balance guarantee bonus will be paid to the player on June 30, 2026.
7) The Club shall pay to the Player totally EUR 15,000 (fifteen thousand Euro) for each season to
the Player for accommodation, car, flight ticket and other expenses. This payment shall be
divided into 10 (ten) equal instalments. Club shall pay EUR 1,500 (one thousand five hundred
Euro) each month (from October until July) on the 30 of every month. This payment shall be
made only if Club and Player has a valid Contract on the payment date.
8) The Club shall provide the Player ( or a person who is indicated by Player) totally 1 round trip
flight tickets to Country B/Country A [sic] – Country A [sic]/Country B per each season of this
contract validity.
1) Player shall receive annual legal minimum wage. Total monthly payments and advance
payments of each season includes the minimum wages sum and when the annual payment of
the season is done, minimum wages considered paid as well.
2) Each monthly salary shall be paid to the Player until the last day of the month following the
month, for which the payment is made. […]”
3.
On 29 August 2024, the Claimant and the Respondent concluded an agreement to settle
their financial obligations under the Contract (hereinafter: the Settlement Agreement).
4.
The Settlement Agreement read as follows:
“[…] To whom it may concern;
l, as Player A, have sent a "Notice" dated 24 August 2024 to Club A. In the relevant notice, I have
requested from Club to pay 88.500 Euro as a remaining contractual amount according to the
contract for 2023/2024 football season within 15 days. However, following discussions held in a
friendly manner with the Club, we have reached an agreement with the Club for the payments
of the remaining contractual receivables which are totally 100.000 Euro regarding to the
contract for the 2023/2024 football season.
Club accepts the following conditions:
Condition I:
To pay 100.000 Euro as a remaining contractual receivables [sic] according to the contract for
the 2023/2024 football season as follows:
1 First Instalment: 14.000 Euro on 10 September 2024
2 Second Instalment: 86.000 Euro on 10 October 2024
pg. 5
REF. FPSD-XXXXX
Condition II:
The club gives me the guarantee that I will be in the group of each official game (except
unavailability due to injuries) with minimum playing time of 50% until the 31. [sic] December
2024.
The Club acknowledges the amount of the sums thus due in Condition I and the guarantee of
playing time in Condition II.
By signing this Declaration, I hereby accept, declare and undertake that I will waive all kinds of
termination rights based on the notice dated 24 August 2024.
In case the club does not respect any part of the above mentioned [sic] conditions the legal
effects, particularly the right for unilateral cancellation for "just cause" as per FIFA art. 14 bis of
(RSTP), of the notice sent to the club on the 24th August 2024 shall be valid and non-voided. […]”
5.
On 17 January 2024, the Club remitted EUR 4,000 to the Player.
6.
On 4 March 2024, the Club remitted EUR 10,000 to the Player.
7.
On 6 May 2024, the Claimant put the Respondent in default and requested payment within
15 days of EUR 58,500, corresponding to the monthly salary of March 2024 in the amount
of EUR 14,000, the monthly expenses for February, March and April 2024 totalling EUR
4,500, as well as the down payment of EUR 40,000.
8.
On 21 May 2024, the Club remitted EUR 14,000 to the Player and the latter confirmed that
he renounced to his right of terminating the Contract.
9.
On 29 July 2024, the Club remitted EUR 1,000 to the Player in cash.
10. On 24 August 2024, the Claimant put the Respondent in default and requested payment
within 15 days of EUR 88,500, corresponding to the monthly salaries from April until June
2024 in the amount of EUR 42,000, the monthly expenses from February until July 2024 in
the amount of EUR 7,500, as well as the down payment of EUR 40,000 which was due on
31 March 2024.
11. On 3 September 2024, the Club remitted the Player the first instalment of the Settlement
Agreement in the amount of EUR 14,000.
12. On 16 September 2024, the Claimant asked the Respondent to provide him within 24 hours
with a signed copy of the Settlement Agreement.
13. On 18 September 2024, the Respondent provided the Claimant with a signed copy of the
Settlement Agreement.
pg. 6
REF. FPSD-XXXXX
14. On 21 October 2024, the Club partially remitted the Player the second instalment of the
Settlement Agreement in the amount of EUR 30,000.
15. On 20 November 2024, the Claimant put the Respondent in default and requested payment
within 15 days of EUR 74,000, corresponding to the balance of the Settlement Agreement
in the amount of EUR 56,000, the monthly salary of September 2024 of EUR 15,000, as well
as the monthly expenses of September and October 2024 totalling EUR 3,000.
16. On 6 December 2024, the Player terminated the Contract with the Club.
17. On the same day, i.e. 6 December 2024, the Player informed the Country B Football
Federation that he terminated the Contract with just cause.
18. The Player confirmed to the FIFA general secretariat that he remained unemployed since
the termination of the Contract.
II. Proceedings before FIFA
19. On 8 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
20. In his claim, the Claimant argued that he terminated the Contract with just cause due to
outstanding salaries.
21. The Claimant’s requests for relief were the following:
“(i) Determine that the Respondent is liable for the breach of contract in violation of FIFA
Regulations.
(ii) Determine that the Respondent is liable for the payment of 74.000,00 EUR (seventy-four
thousand EUR) as outstanding salaries and bonuses for the season 2023/2024 and September
salary and monthly expenses for the season 2024/2025, due to the Claimant, plus 5% interest
as from relevant dure dates until the date of effective payment.
(iii) Determine that the Respondent is liable for the payment of 383.000,500 [sic] EUR (three
hundred eighty-three thousand five hundred EUR) as compensation for the breach of contract
according to art. 17 of RSTP, plus 5% interest as from 6 December 2024 until the date of effective
payment.
(iv) Impose to the Respondent the ban from registering any new players, either nationally or
internationally, for two entire and consecutive registration periods considering that the breach
pg. 7
REF. FPSD-XXXXX
of contract incurred during the protected period or any other measure provided by the
Regulations.”
b. Reply of the Respondent
22. In its reply, the Respondent argued that the Claimant attempted to take advantage of its
financial difficulties and actually benefited from doing so. In this regard, the Respondent
pointed out that the Settlement Agreement is significantly more than the Claimant’s
outstanding remuneration and that the Claimant threatened it to terminate the Contract.
23. Considering the foregoing, the Respondent argued that the termination of the Contract
was not a measure of last resort from the Claimant.
24. In addition, without implying that the Contract was terminated with just cause, the
Respondent argued that pursuant to the Contract, the Claimant is only entitled to payment
of his expenses if the Contract is valid on the payment date.
25. The Respondent’s requests for relief were the following:
“1 - To determine that the Player did not terminate the contract with just cause by considering
that it was not a measure of last resort.
2 - To dismiss the Statement of Claim in its entirety and REJECT all the claims of Claimant.
3 - If the Football Tribunal accept [sic] the Player’s termination as a termination with just cause,
the Respondent kindly requests that the requested compensation amount shall be reduced
totally at least %50 [sic] because of the Player’s failure to the mitigate his damages and reduce
the requested accommodation amount by 28.200 Euro Considering the specific clause of the
Contract for the accomodation, car and other expenses.
4 - The Respondent Club requests that the sanctions specified in Article 12bis of the FIFA RSTP
not be applied for failure to fulfill [sic] the necessary payment obligations due to the economic
decline resulting from the extraordinary depreciation of the TL against the EURO.
5 - To order to pay Claimant to pay legal expenses, judicial cost and attorney fee to the
Respondent.”
c. Replica of the Claimant
26. In his replica, the Claimant reiterated his initial position, noting that he terminated the
Contract with just cause for outstanding remuneration, and requested the following:
pg. 8
REF. FPSD-XXXXX
“(i) Reject the Respondent Requests and determine that the Respondent is liable for the breach
of contract in violation of FIFA Regulations.
(ii) Determine that the Respondent is liable for the payment of 74.000,00 EUR (seventy-four
thousand EUR) as outstanding salaries and bonuses for the season 2023/2024 and September
salary and monthly expenses for the season 2024/2025, due to the Claimant, plus 5% interest
as from relevant due dates until the date of effective payment.
(iii) Determine that the Respondent is liable for the payment of 383.000,500 EUR (three hundred
eighty-three thousand five hundred EUR) as compensation for the breach of contract according
to art. 17 of RSTP, plus 5% interest as from 6 December 2024 until the date of effective payment.
(iv) Impose to the Respondent the ban from registering any new players, either nationally or
internationally, for two entire and consecutive registration periods considering that the breach
of contract incurred during the protected period or any other measure provided by the
Regulations.”
d. Duplica of the Respondent
27. In its duplica, the Respondent reiterated its initial position, and requested the following:
“1 - To REJECT all the claims of Claimant.
2 - The Respondent kindly request that the Player’s termination was not a measure of last resort.
3 - If the Football Tribunal accept [sic] the Player’s termination as a termination with just cause,
the Respondent kindly requests that the requested compensation amount shall be reduced
28.200,00 EUR because of the specific clause of the Contract for the accommodation [sic], car
and other expenses.
4 - If the Football Tribunal accept [sic] the Player’s termination as a termination with just cause,
the Respondent kindly requests that the requested compensation amount shall be reduced
totally at least %50 [sic] because of the Player’s failure to the mitigate his damages.
5 - The Respondent Club requests that the sanctions specified in Article 12bis of the FIFA RSTP
not be applied for failure to fulfill [sic] the necessary payment obligations due to the economic
decline resulting from the extraordinary depreciation of the Country B Currency against the
EURO.
6 - To order to pay Claimant to pay legal expenses, judicial cost and attorney fee to the
Respondent.”
pg. 9
REF. FPSD-XXXXX
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
28. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 8 January 2025 and submitted for decision on
15 May 2025. Taking into account the wording of art. 31 and 34 of the January 2025 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
29. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 edition), the Dispute Resolution Chamber is competent to deal with the matter at
stake, which concerns an employment-related dispute with an international dimension
between a Country A player and a Country B club.
30. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
31. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
32. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
pg. 10
REF. FPSD-XXXXX
i. Main legal discussion and considerations
33. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the justice of the early termination of the Contract by the
Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the contract, in accordance with art. 14bis of the Regulations.
34. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
35. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
36. In the present matter, the Chamber noted that the Claimant claims not having received his
remuneration corresponding to the balance of the Settlement Agreement in the amount
of EUR 56,000, the monthly salary of September 2024 of EUR 15,000, as well as the monthly
expenses of September and October 2024 totalling EUR 3,000. Furthermore, the Chamber
observed that the Claimant has provided written evidence of having put the Respondent in
default on 20 November 2024, i.e. at least 15 days before unilaterally terminating the
Contract on 6 December 2024.
37. In continuation, the Chamber noted that, in the case at hand, the Respondent bore the
burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. Nonetheless, the Chamber highlighted that the
Respondent failed to provide any evidence to prove the payment of the amounts claimed
as outstanding by the Claimant.
38. At this point, the Chamber underscored that the Club did not provide any evidence of the
alleged financial difficulties it asserted. In any case, the Chamber recalled the longstanding
jurisprudence of the Football Tribunal, according to which financial difficulties are not a
valid justification for non-payment of contractually agreed amounts.
39. Thus, in view of the above considerations, notably that the balance of the Settlement
Agreement due to the Claimant, i.e. EUR 56,000, corresponds to 4 monthly salaries, and
that the Respondent also failed to remit the Claimant the monthly salary of September
2024, the Chamber decided that the Claimant unilaterally terminated the Contract with just
cause on 6 December 2024, based on art. 14bis of the Regulations.
pg. 11
REF. FPSD-XXXXX
ii. Consequences
40. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of the Contract committed by the Respondent.
41. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to EUR 89,000, i.e.
EUR 56,000 as the balance of the Settlement Agreement and EUR 33,000 under the
Contract. In this regard, the Chamber underscored that, on the date of termination of the
Contract, i.e. 6 December 2024, the monthly salaries of September 2024 and October 2024
(2 months x EUR 15,000) were outstanding, as well as the monthly expenses for the same
period (2 months x EUR 1,500).
42. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant outstanding
remuneration totalling EUR 89,000.
43. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
Over the amount of EUR 56,000, i.e. the balance of the Settlement Agreement, as
from 11 October 2024, as per the Settlement Agreement, until the date of effective
payment;
-
Over the amount of EUR 15,000, i.e. the monthly salary of September 2024, as from
1 November 2024 until the date of effective payment;
-
Over the amount of EUR 15,000, i.e. the monthly salary of October 2024, as from 1
December 2024 until the date of effective payment;
-
Over the amount of EUR 1,500, i.e. the monthly expenses of September 2024, as
from 31 October 2024 until the date of effective payment; and
-
Over the amount of EUR 1,500, i.e. the monthly expenses of October 2024, as from
1 December 2024 until the date of effective payment.
44. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player by the Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the employment contract at the basis of the dispute, taking into account the damage
suffered, according to the “positive interest” principle, having regard to the individual facts
pg. 12
REF. FPSD-XXXXX
and circumstances of each case and with due consideration for the law of the country
concerned.
45. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
46. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Club to the Player had to be assessed in application of the
other parameters set out in art. 17 par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the Player by the Club shall
be equal to the residual value of the Contract that was prematurely terminated, unless the
Player signed a new employment contract following the termination of his previous one (cf.
art. 17 par. 1 lit. i)).
47. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 367,000 serves as the basis for the determination of the
amount of compensation for breach of contract. In this regard, the Chamber found that
amount in question is broken down as follows:
-
EUR 120,000 as the monthly salaries from November 2024 until June 2025 (8 months
x EUR 15,000);
-
EUR 10,000 as the guaranteed bonus for the season 2024/2025;
-
EUR 12,000 as the monthly expenses from December 2024 until July 2025 (8 months
x EUR 1,500);
-
EUR 200,000 as the monthly salaries from September 2025 until June 2026 (10
months x EUR 20,000)
-
EUR 10,000 as the guaranteed bonus for the season 2025/2026; and
-
EUR 15,000 as monthly expenses from October 2025 until July 2026 (10 months x
EUR 1,500).
48. In continuation, the Chamber verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
pg. 13
REF. FPSD-XXXXX
practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration
under a new employment contract shall be taken into account in the calculation of the
amount of compensation for breach of contract in connection with the player’s general
obligation to mitigate his damages.
49. In this respect, the Chamber noted that the Player remained unemployed since the
unilateral termination of the Contract.
50. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
EUR 367,000 to the Claimant, which was to be considered a reasonable and justified
amount of compensation for breach of contract in the present matter.
51. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
on said compensation at the rate of 5% p.a. as of 6 December 2024 until the date of
effective payment.
iii. Compliance with monetary decisions
52. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
53. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
54. Notwithstanding the above, the Chamber wished to remark that in accordance with art. 24
par. 3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
55. In this respect, the Chamber recalled that by means of a decision of the Football Tribunal
passed on date 23 September 2024 and notified on 4 November 2024, a transfer ban has
been imposed on the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in
the case FPSD-14997.
56. Accordingly, the Chamber established that in casu art. 24 par. 2 of the Regulations shall not
apply, insofar as in case the Respondent fails to comply with the decision at hand, the
pg. 14
REF. FPSD-XXXXX
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
57. In view of the above, the Chamber decided that if the aforementioned sum plus interest is
not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
58. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
d. Costs
59. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
60. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
61. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 15
REF. FPSD-XXXXX
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club A, must pay to the Claimant the following amounts:
- EUR 89,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 56,000 as from 11 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 1,500 as from 31 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 15,000 as from 1 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 16,500 as from 1 December 2024 until the
date of effective payment.
- EUR 367,000 as compensation for breach of contract plus 5% interest p.a. as from 6
December 2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
If full payment (including all applicable interest) is not made within 30 days of notification
of this decision, the present matter will be submitted, upon request of the Claimant, to the
FIFA Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 16
REF. FPSD-XXXXX
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION:
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 17