Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 July 2015,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Mario Gallavotti (Italy), member
John Bramhall (England), member
on the matter between the player,
Player A, Country B
as Claimant
and the club,
Club C, Country D
as Respondent
regarding an employment-related dispute
arisen between the parties
I. Facts of the case
1. On 1 February 2014, the Player of Country B, Player A (hereinafter: the Claimant)
and the Club of Country D, Club C (hereinafter: the Respondent), concluded an
employment contract (hereinafter: the contract), valid from the date of signature
until 31 May 2014.
2. The contract stipulated a “transfer fee for 2013-2014 football season” in the
amount of EUR 215,000, payable in four instalments as follows:
- EUR 55,000, payable on 28 February 2014;
- EUR 55,000, payable on 30 March 2014;
- EUR 55,000, payable on 30 April 2014;
- EUR 50,000, payable on 30 May 2014.
3. On 24 July 2014, the Claimant lodged a claim before FIFA against the Respondent,
and requested the payment of an outstanding amount of EUR 205,000, plus 5%
interest p.a. and legal costs. According to the Claimant, only EUR 10,000 have
been paid by the Respondent during the entire duration of the contract.
4. Despite being invited to do so, the Respondent did not provide its position
regarding the claim.
II. Considerations of the Dispute Resolution Chamber
1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or
Chamber) analysed whether it was competent to deal with the case at hand. In
this respect, it took note that the present matter was submitted to FIFA on 24 July
2014. Consequently, the 2012 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 of the 2012,
2014 and 2015 editions of the Procedural Rules).
2. Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in
combination with art. 22 lit. b of the Regulations on the Status and Transfer of
Players, edition 2015, 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 Player of Country B and a Club of Country D.
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Player A, Country B / Club C, Country D
3. The competence of the Chamber having been established, the Chamber 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, it confirmed that, in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer
of Players (editions 2012, 2014 and 2015), and considering that the present matter
was submitted to FIFA on 24 July 2014, the 2012 edition of the aforementioned
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
4. Having established the foregoing, and entering into the substance of the matter,
the Chamber continued by acknowledging the above-mentioned facts as well as
the documentation contained in the file in relation to the substance of the
matter. However, the Chamber emphasised that in the following considerations it
will refer only to the facts, arguments and documentary evidence which it
considered for the assessment of the matter at hand.
5. In this respect, the Chamber acknowledged that the parties to the dispute had
signed a valid employment contract on 1 February 2014 valid as from the date of
signature until 31 May 2014.
6. Subsequently, the DRC noted that the Respondent failed to present its response to
the claim of the Claimant, in spite of having been invited to do so. By not
presenting its position to the claim, the DRC was of the opinion that the
Respondent renounced its right of defence and, thus, accepted the allegations of
the Claimant.
7. Furthermore, as a consequence of the aforementioned consideration, the
Chamber concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it
shall take a decision upon the basis of the documentation already on file; in other
words, upon the statements and documents presented by the Claimant.
8. In continuation, the DRC acknowledged that, in accordance with the employment
contract provided by the Claimant, the Respondent was obliged to pay to the
Claimant the total amount of EUR 215,000 for the whole term of the contract.
9. In particular, the DRC acknowledged that the Claimant held that he had received
only the amount of EUR 10,000 during the entire duration of the contract.
10. In this respect, the DRC took into consideration that according to the Claimant,
the Respondent had failed to pay his remuneration in the total amount of EUR
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Player A, Country B / Club C, Country D
205,000, payable in accordance with the instalments due on 28 February 2014, 30
March 2014, 30 April 2014 and 30 May 2014.
11. Taking into account the documentation presented by the Claimant in support of
his petition, the DRC concluded that the Claimant had substantiated his claim
pertaining to outstanding remuneration with sufficient documentary evidence.
12. On account of the aforementioned considerations, the Chamber established that
the Respondent failed to remit the Claimant’s remuneration in the total amount
of EUR 205,000, corresponding to the instalments due on 28 February 2014, 30
March 2014, 30 April 2014, and to the instalment due on 30 May 2014.
13. Consequently, the DRC decided that, in accordance with the general legal
principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant
outstanding remuneration in the total amount of EUR 205,000.
14. In addition, taking into account the Claimant’s request as well as the constant
practice of the Dispute Resolution Chamber, the DRC decided that the
Respondent must pay to the Claimant interest of 5% p.a. on the amount of EUR
205,000 as from 24 July 2014 until the date of effective payment.
15. Moreover, as regards the claimed legal expenses, the Chamber referred to art. 18
par. 4 of the Procedural Rules as well as to its long-standing and well-established
jurisprudence, in accordance with which no procedural compensation shall be
awarded in proceedings in front of the Dispute Resolution Chamber.
Consequently, the Chamber decided to reject the Claimant’s request relating to
legal expenses.
16. Finally, the Chamber concluded its deliberations by rejecting any further claim
lodged by the Claimant.
III. Decision of the Dispute Resolution Chamber
1. The claim of the Claimant, Player A, is partially accepted.
2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, outstanding remuneration in the amount of
EUR 205,000, plus 5% interest p.a. as from 24 July 2014 until the date of effective
payment.
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Player A, Country B / Club C, Country D
3. In the event that the aforementioned sum plus interest is not paid by the
Respondent within the stated time limit, the present matter shall be submitted,
upon request, to the FIFA Disciplinary Committee for consideration and a formal
decision.
4. Any further claim lodged by the Claimant is rejected.
5. The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance under point 2. is to be made and to
notify the Dispute Resolution Chamber of every payment received.
Note relating to the motivated decision (legal remedy):
According to art. 67 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 (CAS)
Avenue de Beaumont 2
CH-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 Dispute Resolution Chamber:
Markus Kattner
Acting Secretary General
Enclosed: CAS directives
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Player A, Country B / Club C, Country D