Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 12 June 2012,
by
Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player
Player J, from country M
as “Claimant”
against the club
Club P, from country C
as “Respondent”
regarding an employment-related
dispute between the parties
I.
Facts of the case
1.
On 11 May 2009, Player J, from country M (hereinafter: the Claimant) and the Club
P, from country C (hereinafter: the Respondent) signed an employment contract
(hereinafter: the contract) valid from the date of its signature until 31 May 2010 in
accordance with which the Claimant was entitled to receive from the Respondent
the total amount of EUR 30,000 in 10 monthly instalments of EUR 3,000 each
“starting on the 31st of August 2009 until the whole amount is paid”.
2.
On the same day, the Claimant and the Respondent signed another agreement
entitled “side agreement” (hereinafter: the side agreement), valid from 11 May
2009 until 31 May 2010, by means of which the Claimant was inter alia entitled to
receive from the Respondent EUR 15,000 as “sign on fee” on 1 August 2009, EUR
15,000 on 15 January 2010 and EUR 50,000 in 10 monthly instalments of EUR 5,000
each “starting on 31st of August 2009 until the whole amount is paid”.
3.
On 30 June 2010, the Claimant lodged a claim with FIFA against the Respondent,
requesting from the latter the payment of EUR 51,000.
4.
In this respect, the Claimant referred to both the contract and the side agreement
and argued that the Respondent had failed to pay him the following amounts:
- EUR 15,000 due on 15 January 2010;
- EUR 4,000, corresponding to half of his salary of January 2010;
- EUR 32,000, corresponding to his salary of February, March, April and May 2010.
5.
In its response received on 22 September 2010, the Respondent acknowledged
owing the Claimant the amount of EUR 51,000 and offered to pay the sum in
question in “twelve equal monthly instalments”.
6.
Eventually, no amicable agreement could be reached between the parties.
Consequently, the Claimant requested FIFA to take a decision in the present
matter.
Player J, from country M / Club P, from country C
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II.
Considerations of the Dispute Resolution Chamber (DRC) judge
1.
First of all, the Dispute Resolution Chamber judge (hereinafter also referred to as:
the DRC judge) analysed whether he was competent to deal with the case at hand.
In this respect, the DRC judge took note that the present matter was submitted to
FIFA on 30 June 2010. Consequently, the 2008 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art. 21
par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art 3 par. 2 and 3 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with
art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition
2010) the DRC judge is competent to decide on the present litigation, which
concerns an employment-related dispute of an international dimension between a
country M player and a country C club.
3.
Furthermore, the DRC judge analysed which edition of the Regulations on the
Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and 2 of
the 2009 and 2010 edition of the Regulations on the Status and Transfer of
Players, and considering that the present claim was lodged with FIFA on 30 June
2010, the 2009 edition of the Regulations on the Status and Transfer of Players
(hereinafter: the Regulations) is applicable to the present matter as to the
substance.
4.
His competence and the applicable regulations having been established, and
entering into the substance of the matter, the DRC judge started by
acknowledging the facts of the case and the argumentations of the parties as well
as the documents contained in the file. In doing so, the DRC Judge started his
analysis of the case by noting that, on 11 May 2009, the Claimant and the
Respondent had concluded an employment contract (hereinafter: the contract),
valid from the date of its signature until 31 May 2010 that provided for the
Claimant to inter alia receive from the Respondent a salary amounting to EUR
30,000, payable in ten monthly instalments of EUR 3,000 each, “starting on the 31st
of August 2009 until the whole amount is paid”. Furthermore, the DRC judge took
note that, on the same day, the Claimant and the Respondent had concluded a
second agreement entitled “side agreement” (hereinafter: the side agreement), in
accordance with which the Claimant was inter alia entitled to receive from the
Respondent EUR 15,000 as “sign on fee” on 1 August 2009, EUR 15,000 on 15
January 2010 and EUR 50,000 in ten monthly instalments of EUR 5,000 each
“starting on 31st August 2009 until the whole amount is paid”.
Player J, from country M / Club P, from country C
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5.
Moreover, the DRC judge acknowledged that, in his claim to FIFA, the Claimant
had requested from the Respondent the payment of EUR 51,000 arguing that he
had not yet received from the latter the following amounts due to him in
accordance with the contract and the side agreement: EUR 15,000 payable on 15
January 2010, EUR 32,000, corresponding to his salary of February, March, April
and May 2010 and EUR 4,000, corresponding to half of his salary of January 2010.
6.
In continuation, the DRC judge observed that, for its part, the Respondent had
acknowledged having concluded the contract and the side agreement with the
Claimant and had admitted that the requested amount of EUR 51,000 was still
outstanding.
7.
Besides, the DRC judge also took note that the Respondent had proposed to settle
the matter in an amicable way by paying the relevant amount to the Claimant in
“twelve equal monthly instalments”.
8.
Finally, the DRC judge remarked that the Respondent’s attempt to reach an
amicable settlement with the Claimant was unsuccessful.
9.
On account of the aforementioned, the DRC judge concluded that it was
undisputed that the Respondent had not yet fully complied with its financial
obligations towards the Claimant and that it owed the latter the amount of EUR
51,000.
10.
In view of the above, and taking into account the legal principle of Pacta sunt
servanda, which in essence means that agreements must be respected by the
parties in good faith, as well as bearing in mind that the Respondent had
acknowledged owing the claimed amount to the Claimant, the DRC judge
concluded that the Claimant is entitled to receive from the Respondent the
outstanding amount of EUR 51,000.
11.
In view of all the above-mentioned considerations, the DRC judge decided that
the claim of the Claimant is accepted and that the Respondent has to pay to the
Claimant the total amount of EUR 51,000.
Player J, from country M / Club P, from country C
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III.
Decision of the Dispute Resolution Chamber (DRC) judge
1.
The claim of the Claimant, Player J, is accepted.
2.
The Respondent, Club P, from country C., has to pay to the Claimant, Player J, the
amount of EUR 51,000, within 30 days as from the date of notification of this
decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiry of the fixed time limit and the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee
for consideration and a formal decision.
4.
The Claimant, Player J, is directed to inform the Respondent, Club P., immediately
and directly of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber (DRC) judge of every payment received.
*****
Player J, from country M / Club P, from country C
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Note relating to the motivated decision (legal remedy):
According to article 63 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the CAS,
a copy of which we enclose hereto. Within another 10 days following the expiry of the
time limit for filing the statement of appeal, the appellant shall file a brief stating the
facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the
directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the DRC judge
Markus Kattner
Deputy Secretary General
Encl. CAS Directives
Player J, from country M / Club P, from country C
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