Labour Disputes
Texto da decisão
REF. FPSD-XXXXX
Decision of the
Dispute Resolution Chamber
passed on 24 July 2025
regarding an employment-related dispute concerning the player A
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Khadija TIMERA (Senegal), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT / COUNTER-RESPONDENT:
Player A, Country A
Represented by LR A
RESPONDENT / COUNTERCLAIMANT:
Club A, Country B
Represented by LR B
pg. 2
REF. FPSD-XXXXX
I. Facts of the case
1.
On 27 July 2024, the player from Country A Player A (hereinafter: the Claimant / CounterRespondent or the Player) and the club from the Country B Club A (hereinafter: the
Respondent / Counterclaimant or the Club) concluded an employment contract (hereinafter:
the Contract) valid as from its date of signature until 31 December 2027.
2.
In accordance with the Contract, the Club undertook to pay the Player as follows:
“1. The annual salary shall mean all remuneration paid in connection with the performance of
this Contract ("Annual Compensation"). The Annual Compensation to be paid by the Club to the
Player during [July 27, 2024] to [December 31.2025) shall be as follows:
① Basic Annual Compensation USD 800,000.- (USD 66,667.- /Month)
The Basic Annual Compensation is the remuneration to be paid during the term specified in
Section 1.
② Compensation for Matchs [sic] Played and Won
- According to the Club's Internal Regulations
③ Other Special conditions.
1) 2024 Season Point (Goal and/or Assist) Based Compensation
- IF yearly completes 5 points : USD 5,000.- After 5 points : USD 1,000.-/each point
2) 2025 to 2027 Season Point (Goal and/or Assist) Based Compensation
- IF yearly completes 10 points : USD 10,000.- After 10 points : USD 1,500.-/each point
3) Premiums
- According to the Club's Internal Regulations
4) Basic Annual Compensation during January 1, 2025 to December 31 , 2025
- Basic Annual Compensation : USD 1,000,000.- (USD 83,333.-/Month)
- Other compensations and special benefits will be same as 2024 season
5) Basic Annual Compensation during January 1, 2026 to December 31 , 2027
- Basic Annual Compensation : USD 1,100,000.- (USD 91,667.-/Month)
- Other compensations and special benefits will be same as 2025 season
6) Personal Prize Premiums
- Country B League top scorer : USD 10,000.- / - Country B League MVP : USD 20,000.7) Two (2) economy class round-trip flight tickets between Country B and Country A.
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REF. FPSD-XXXXX
•Respectively two (2) ticket for the players, and one of his family a year
8) Housing Country B Currency 1,200,000.-/Month
9) Vehicle •The maintenance costs shall be borne by the Player
10) Club can pay holiday bonuses to the players as following club's regulations
2. The Player may not ask the Club for any other compensations other than the Annual
Compensation specified in this Article.
3. Any taxes related to all the compensation paid by the Club to the Player shall be borne by the
Player.”
3.
On 1 January 2025, a staff member of the Club, who acted as interpreter (hereinafter: the
Interpreter) asked the Player via WhatsApp how his current physical condition is, if he
experiences pain and if he has been able to train recently.
4.
On the same day, i.e. 1 January 2025, the Player answered the Interpreter that he is in good
physical condition, that he does not experience pain and that he has been able to train.
5.
On 6 January 2025, the Player arrived at the pre-season training camp in City A.
6.
On 7 January 2025, the Player was allegedly denied participation in team training by the
coach of the Club, who allegedly stated that he was no longer in his plans.
7.
On 14 January 2025, the Interpreter informed the Player via WhatsApp that he would train
alone in the gym with the physical coach.
8.
On 16 January 2025, the coach of the Club allegedly reiterated to the Player that he had no
interest in his services.
9.
On the same day, i.e. 16 January 2025, the Interpreter informed the Player that he can no
longer use the number 9 jersey and asked him to choose another number.
10. On 17 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
11. On 18 January 2025, the Player sent the following correspondence to the Club:
“Dear club officials,
As you know, I have been with the team for twelve days at the training camp in the Country C.
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REF. FPSD-XXXXX
From the moment I showed up for my first training session, the coach was surprised to see me
and told me that he didn't need me and wouldn’t allow me to train with the team. I replied that,
as a member of the team, I had the right to train, but contrary to this, without any explanation,
the coach has not allowed me to train with the team. Instead, I am tinder the supervision of the
fitness coach and training very hard individually.
As you know, there is an employment contract (AGREEMENT) between us under which the CLUB,
as my employer, is obligated to provide me with training and preparatory conditions. This is one
of the CLUB's primary obligations, protected both by the AGREEMENT signed between us and by
FIFA’s regulations.
Therefore, I am addressing you with a kind request to ensure the fulfillment [sic] of your
obligation under the employment contract and to grant me as soon as possible the opportunity
to train with the team. […]”
12. On the same day, i.e. 18 January 2025, the Player asked the Interpreter via WhatsApp why
does he need individual physical trainings.
13. On the same day, i.e. 18 January 2025, the Interpreter informed the Player via WhatsApp
that he should talk to the coach of the Club to understand why he is training alone.
14. On 20 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
15. On the same day, i.e. 20 January 2025, the Player sent the following correspondence to the
Club:
“Dear club officials,
Following my email sent two days ago, I am reaching out again regarding my situation.
Over the past two days, nothing has changed. I am still not allowed to be with the team, neither
in training sessions or other activities including friendly games. When I ask for an explanation,
the coach remains silent and unresponsive. The only person communicating with me is the
translator, who relays the coach's message that ''I am not needed on the team''. As a result, I
am now subjected to abnormal physical training sessions twice a day, both in the gym and on
the field.
For example, yesterday, after an intense gym workout, I was forced to run 72 sprint [sic] around
the pitch (!I!), which will ultimately cause an injury. Despite my request for clarification from the
fitness coach about the purpose of such excessive individual training, especially since I am
physically fine, feel in great shape, and ready to fully participate in team training, I was told that
this was the head coach's decision, and I should resolve the matter with him.
Once again, I am reaching out to you. Considering that I have been subjected to even more
intense alone/individual training sessions over the last 15 days since my first letter, and that my
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REF. FPSD-XXXXX
#9 jersey has been taken away without any explanation, I now demand that the club clarifies its
expectations of me. What is the purpose of the punitive actions taken against me, and why is the
club failing to fulfill [sic] its contractual obligations?
I kindly request that team immediately complies with the terms of the contract and ensure my
full participation in the team's preparatory and training process as one of the club's highestpaid players. […]”
16. On 21 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
17. On 22 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
18. On 24 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym and that he would not take part in the team meeting.
19. On 28 January 2025, the Player sent the following correspondence to the Club:
“Dear club officials,
I am writing to express my continued concerns regarding CLUB's repeated failure to fulfill [sic]
its obligations under the employment agreement dated 27 July 2024 and forcing me to leave the
club without adequate compensation. This is the third formal notice addressing this matter, and
I must emphasize the seriousness of these breaches and the necessity for immediate corrective
action.
Details of Breaches
Despite previous warnings dated 18 and 20 January 2025, the CLUB has failed to resolve the
following issues:
1. Exclusion from team training sessions including theoretical and tactical meetings since 7 of
January 2025.
2. Abnormal individual/alone physical training sessions twice a day, both in the gym and on the
field since 7 of January 2025.
3. The removal of my, as a player's jersey number 9.
4. Exclusion from teams of the pitch activity during the last 21 days
These breaches are not only a direct violation of the employment agreement but also
detrimental to my professional and personal well-being. As you know well - among a PLAYER's
fundamental rights under an employment contract is not only his right to a timely payment of
his remuneration, but also his right to access training and to be given the possibility to
compete with his fellow team mates [sic] in the team's matches
Request for Immediate Action
I hereby urge the club to rectify these breaches immediately by:
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REF. FPSD-XXXXX
1. Reinstatement to full team training sessions including theoretical and tactical meetings by the
30th of January 2025.
2. Return my jersey number 9 to me by the 30th of January 2025.
3. Reinstate me in all team activities outside the field.
Consequences of Non-Compliance
Failure to resolve these issues until the 6 of .February 2025 from the receiving this letter,
unfortunately, will leave me with no choice but to take further action, which include termination
of the employment agreement with just cause, as permitted under Article 14 of FIFA Regulations
on the Status and Transfer of Players.
Final Warning
This letter serves as the final warning to the CLUB. I sincerely hope that we can resolve these
matters amicably and avoid further escalation. However, should the CLUB fail to comply, I will
be compelled to protect my rights and interests through the appropriate legal channels as FIFA
RSTP granted to me.
I would like to kindly ask you one more time, to treat this matter with the urgency it deserves
and provide written confirmation of your actions to address the outlined breaches. I look
forward to your response immediately. […]”
20. On 30 January 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
21. On 1 February 2025, the Interpreter again informed the Player via WhatsApp that he would
train alone and that he does not need to attend the team’s photoshoot.
22. On 3 February 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
23. On 4 February 2025, the Interpreter again informed the Player via WhatsApp that he would
train in the gym.
24. On an unspecified date, the Club allegedly sent the following correspondence to the Player:
“Dear Player A,
We, Club A, refer to your emails dated January 19, 20 and 28, 2025. We respectively disagree
with your allegation and would like to clarify the situation as follows:
[Training Program]
Your training schedule and program were designed to improve your physical condition. As you
are well aware, the team requires a high level of physical strength and endurance to relentlessly
execute strategic movements, including both offensive and defensive plays on the pitch.
pg. 7
REF. FPSD-XXXXX
Following the discussion with our coaching staff in the past, you should be well aware that you
need to further enhance your physical fitness and stamina to meet the team's tactical demands
for offensive and defensive play. However, at this stage, your current condition still falls short of
the necessary standards to fully integrate into the team's structured game plan.
As football is a team sport rather than an individual one, it is essential that all players should
maintain the required level of physical strength and adopt a team-oriented mindset to ensure
cohesive and effective performance.
Therefore, any modifications to the training program have been, and will continue to be,
implemented based on your physical fitness and condition for the best interest of both you and
the team.
[Training Attendance]
Additionally, we would like to bring your attention that regular training was scheduled to resume
on February 5th. However, you stated that you were not able to participate, expressing concerns
about your physical condition after your workout session. We immediately took you to the
hospital, and fortunately, the MRI results showed no abnormalities in your bones or muscles,
nor were any other significant findings are observed.
In light of this, training will proceed as planned, and we expect you to participate in all regular
training sessions as scheduled. Furthermore, we urge you to prepare yourself both physically
and mentally to fully engage in these sessions. As you know, this is a critical period right now for
the team as we prepare for the upcoming Country B League season and the Confederation A
Champions League, and the International Championship next year. Your cooperation and
dedication as a professional player are expected and highly valued for the team's success.
[Squad Number]
Based on team selection and performance assessments, you have been assigned your secondchoice number, #, which has now been registered. Squad numbers have been allocated
according to priority preferences. If you require a different number, we are open to further
discussion. Please let us know.
The club remains fully committed to treating all players fairly and in accordance with
contractual obligations, including the training environment, salary, and other relevant terms. In
return, we encourage you to respect the club's requests and expectations by maintaining a high
level of preparation and delivering strong performances in both offensive and defensive play,
ensuring full alignment with the team's objectives and your contractual responsibilities.
We look forward to seeing your continued improvement in physical condition and your
dedication to a team-first mindset. If you wish to discuss anything further, please feel free to
reach out at any time. […]”
pg. 8
REF. FPSD-XXXXX
25. On 6 February 2025, the Player terminated the Contract with the Club.
26. On 9 February 2025, the Player left the Korean Republic.
27. On an unspecified date, the Club allegedly sent the following correspondence to the Player:
“Dear Player A,
We refer to your email dated February 6, 2025, in which you notified us of your unilateral
termination of the Employment Contract (“Contract”).
First and foremost, we strongly reject your allegations regarding the grounds for termination,
as they are entirely unfounded. You have no legitimate basis to terminate the Contract, and by
doing so, you have committed a material breach of the Contract.
As we previously explained in our letter dated February 6, 2025, and reiterated during today’s
meeting, the Club has not engaged in any unfair treatment toward you. Your allegations of
unfair treatment are only factually incorrect and do not constitute valid grounds for termination
under the Contract.
For the records, despite multiple requests and instructions from the head coach and coaching
staff since last year, you have failed - and repeatedly refused - to comply with tactical directions
requiring high levels of physical performance and endurance to contribute effectively in both
offensive but also defensive play. Furthermore, you refused to participate in the Confederation
A Champions League away match in City B, Country D, as well as the team training session
yesterday, claiming an injury. However, medical examination found on injuries or abnormalities,
exposing your claim as baseless.
Given these circumstances, it has been, and is, the Club’s professional assessment that you are
not currently fit to perform at the required level for the team’s training program and strategic
play on the pitch. Accordingly, the Club has provided you with a modified training program
specially designed to enhance your physical condition and prepare you for full team
participation.
Additionally, the Club has fully honored [sic] its contractual obligations by paying your salary
on time and providing a structured training regimen and environment to help you meet the
physical and tactical demands of professional football.
Despite these facts, you have unilaterally and unlawfully terminated the Contract. This actional
is unacceptable to the Club, and, moreover, highly unprofessional. Therefore, we demand that
you immediately resume your contractual obligations as a professional football player.
To that end, you are required to attend the regular team training session scheduled on 10 am,
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REF. FPSD-XXXXX
February 8, 2025 tomorrow. Failure to participate in this session will constitute a serious breach
of the Contract, and if such violations continue, the Club will also have no choice but to pursue
legal action under the Contract and applicable laws.
In the meantime, the Club explicitly reserves all rights and remedies under the Contract and
applicable laws. […]”
28. On 19 February 2025, the Club allegedly sent the following correspondence to the Player:
“Dear Player A,
Further to our previous correspondence regarding your letter dated February 6, 2025, on the
purported unilateral termination of the Employment Contract dated July 24, 2024, (the
"Contract") with Club A (the "Club"), we write to address your allegations.
At the outset, as we previously mentioned in our letter, we categorically deny the allegations of
exclusion and unfairness outlined in your letter and again inform you that your alleged grounds
for termination of the Contract are baseless.
For example, the Club's documented evidence demonstrates that you were neither excluded
from the "Inbody Check" nor from the promotional photos. For another example, the Club
implemented your individual training program based on a professional assessment of your
physical condition and performance, ensuring that you remain physically prepared to contribute
to the team whenever you should play on the pitch for the Club. In other words, the Club's
decision on your training program was made for sporting reasons, with the goal of maintaining
your physical readiness for any opportunities to play when required, particularly in response to
your repeated non-compliance with tactical directions and unsubstantiated injury claims.
Meanwhile, the Club has completely fulfilled all of its contractual obligations, including but not
limited to timely salary payments, provision of appropriate training and medical treatment, and
registering "Player A” as a player of the Club in the Country B League as of February 13, 2025.
Accordingly, we hereby demand that you:
(i) Resume your contractual duties as a professional player of the Club; and
(ii) Report to the Club by February 21, 2025.
Should you fail to comply, the Club will be compelled to pursue all available legal remedies.
Notwithstanding the foregoing, to avoid unnecessary legal proceedings, the Club remains open
to engaging in constructive discussions to resolve any differences in views and opinions.
In the meantime, the Club reserves all rights under the Contract, FIFA regulations, and applicable
laws to the fullest extent. […]”
29. On 1 March 2025, the Club allegedly sent the following correspondence to the Player:
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REF. FPSD-XXXXX
“Reference is made to our previous correspondence dated February 19, 2025, concerning your
purported unilateral termination of the Employment Contract dated July 24, 2024 (the
"Contract"), and your subsequent failure to comply with our demands.
We hereby inform you that you continue to be in breach of your contractual obligations by:
1. Failure to resume your duties as a professional player of Club A (the "Club"); and
2. Failure to report to the Club by the deadline of February 21, 2025.
This letter constitutes a final notice that you have until March 5th, 2025 (the "Final Cure Period")
to cure these breaches by reporting to the Club and resuming your professional duties.
For your reference, the Club has paid your salary up to February 6th 2025, the date on which you
unilaterally terminated the Contract and suspended your duties. The Club will withhold any
outstanding payment until you fully rectify your breaches.
Should you fail to cure your breaches of the Contract within the Final Cure Period, the Club will
consider the Contract terminated with just cause and pursue all available legal remedies,
including monetary damages. However, the Club remains open to discussion to resolve any
differences.
Your prompt attention to this matter would be appreciated.
The Club reserves all rights under the Contract, FIFA regulations, and applicable laws. […]”
II. Proceedings before FIFA
30. On 13 February 2025, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Player
31. In his claim, the Player argued that he terminated the Contract with just cause as he was
excluded from training for 3 weeks, psychologically harassed and treated unfairly. In
particular, the Player pointed out that he was subjected to abnormal physical training
sessions by the Club and that his number 9 jersey was taken away from him, which
constitute breaches of the Contract.
32. In this context, the Player’s requests for relief were the following:
“21.1. Confirm that the CLAIMANT terminated the CONTRACT with just cause pursuant to Article
14(2) of FIFA RSTP.
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REF. FPSD-XXXXX
21.2. Order the RESPONDENT to pay Compensation for breach of contract which should be
settled pursuant to the principle of “positive interest” (Article 17(1) of the FIFA RSTP), in
accordance with CAS jurisprudence. On this basis, the PLAYER is entitled to receive financial
compensation in an amount equivalent to the residual value of the Employment Contract. This
amounts to USD 3,116,667 (Three million, one hundred sixteen thousand, six hundred sixtyseven) including taxes and fees (from which PLAYER is obliged to pay taxes himself) Award
compensation for breach of contract, including damages for moral and psychological suffering,
plus interest at a rate of 5% per annum as from the date of termination of the Employment
Contract.
21.3. Order RESPONDENT to pay cost of two one way [sic] tickets paid by the PLAYER in amount
of 2631,66 EURO.
21.4. Impose sporting sanctions on the RESPONDENT in accordance with FIFA RSTP.”
33. For the sake of completeness, the Player clarified that his request for moral and
psychological damages amounts to USD 200,000.
b. Reply of the Club and counterclaim
34. In its reply, the Club argued that the Player did not have just cause to terminate the
Contract.
35. In particular, the Club noted that:
-
the Player refused to follow the directions of the coach of the Club;
-
according to the discretion of its coach, the Player lacked the physical capacity
necessary to perform as a professional player in a full-time football match;
-
based on the discretion of its coach, an individualized training program for the Player
was implemented specifically to improve his physical condition;
-
on 29 November 2024, the Player reported to its medical staff that he was
experiencing ankle pain, but the MRI examination did not show abnormalities
serious enough to prevent him for playing;
the Player explicitly expressed on 1 December 2024 his refusal to participate in the
upcoming match, his intent to leave the Club and engaged in negotiations with other
clubs;
-
-
on 5 February 2025, the Player refused to join the full team training session due to
an alleged injury, which was contradicted by an MRI examination; and that
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REF. FPSD-XXXXX
-
it fulfilled its contractual obligations towards the Player by providing him with timely
salary payments, appropriate training facilities and medical care.
36. In addition, the Club stated that it invited the Player to take part in the team’s photoshoot,
that it registered him for the upcoming season, and that the assignment of jersey numbers
is not a contractual right, as it is based on its planning of the team, the seniority of the
players and tactical considerations. In this regard, the Club noted that the Player was
assigned the number #, i.e. one of his two preferred numbers.
37. In view of the above, the Club argued that it did not conduct itself in an abusive manner
towards the Player, which would allow him to terminate the Contract legally as a
disagreement with its coach does not constitute just cause. On the contrary, the Club stated
that the Player’s actions constituted abusive conduct aiming at terminating the Contract
prematurely. In this regard, the Club argued that the correspondences from the Player
were all sent in a short period of time, namely between 18 January 2025 and 28 January
2025, which undermines the presence of just cause to terminate the Contract.
38. Lastly, the Club argued that Country B law is applicable to the present matter, notably
article 550 of the Country B Civil Code, which stipulates that if one of the parties rescinds a
contract for the future, the contract shall lose its effect for the future. In this context, the
Club reiterated that the Player’s allegations do not constitute a material breach of trust
justifying the unilateral termination of the employment relationship as it was not
unreasonable for him to expect in good faith the maintenance of the Contract.
39. Considering the foregoing, the Club lodged a counterclaim against the Player and its
requests for relief were the following:
“(a) dismiss all of Claimant’s claims for lack of merit;
(b) declare Claimant is in material breach of the Contract and wrongfully terminated the
Contract;
(c) award Respondent USD 580,517.17 plus Country B Currency 22,290,780 in damages for
Claimant’s wrongful termination of the Contract; and
(d) order Claimant to pay all costs of this arbitration.”
40. For the sake of completeness of its counterclaim, the Club indicated that the amount
requested is broken down as follows:
-
the Player’s salary from December 2024 until 9 February 2025 in the amount of USD
130,517.17;
-
the transfer fee paid to acquire the Player in the amount of USD 450,000; and
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REF. FPSD-XXXXX
-
the Player’s monetary benefits in the amount of Country B Currency 22,290,780 such
as the flight tickets dated 30 December 2024 and 5 January 2025.
c. Player’s reply to the counterclaim
41. In his reply to the counterclaim, the Player reiterated that the early termination of the
Contract was a measure of last resort, considering that he had been persistently mistreated
by the Club.
42. In view of the above, the Player requested the following:
“15.1. Disregard unauthenticated or irrelevant evidence;
15.2. Reject the Counterclaim in full;
15.3. Confirm termination with just cause under Article 14(2) RSTP;
15.4. Award compensation for breach and moral damages as previously requested;
15.5. Reimburse $5,000 in legal fees directly caused by Respondent’s abusive tactics (Art. 18(2)),
as evidenced by Annex 3.
15.6. These costs were incurred solely to:15.6.1. Unpack Respondent’s procedurally defective
Counterclaim;
15.6.2. Research CAS precedents refuting RESPONDENT’s meritless arguments.”
d. Unsolicited correspondence from the Club
43. On 29 April 2025, i.e. after the closure of the submission phase, the Club submitted
unsolicited correspondence, which has been disregarded in accordance with art. 23 par. 1
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules).
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
44. 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 13 February 2025 and submitted for decision
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REF. FPSD-XXXXX
on 24 July 2025. Taking into account the wording of art. 31 and 34 of the January 2025
edition of the Procedural Rules, the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
45. 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) (July 2025
edition), it is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a player from Country A and a
club from the Country B.
46. 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 July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
47. In continuation, the Chamber disregarded part of the Player’s reply to the Club’s
counterclaim pursuant to art. 21 par. 4 and 5 of the Procedural Rules. In particular, the
Chamber pointed out that part of the said reply from the Player referred to matters which
did not form part of the Club’s counterclaim.
48. With respect to the application of Korean law in the present matter, the Chamber recalled
the following content of art. 3 of the Procedural Rules:
“In their application and adjudication of law, the chambers shall apply the FIFA Statutes and
FIFA regulations, whilst taking into account all relevant arrangements, laws, and/or collective
bargaining agreements that exist at national level, as well as the specificity of sport.”
49. Accordingly, the Chamber held that, while it shall take into account the national law, as well
as all relevant arrangements or collective bargaining agreement, when resolving a dispute
before the Football Tribunal, the Regulations prevail over any national law that the parties
may have chosen. In this regard, the Chamber emphasised that the main objective of the
Regulations is to create a standard set of rules to which all the actors within the football
community are subject to and can rely on. Therefore, the Chamber concluded that the
Regulations are applicable to the present matter rather than Country B law.
b. Burden of proof
50. 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
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REF. FPSD-XXXXX
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
51. 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.
i. Main legal discussion and considerations
52. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the fairness of the early termination of the Contract by the
Player, each alleging abusive and deliberate conduct by the other.
53. In this context, the Chamber acknowledged that its task was to determine whether the
Contract was terminated with just cause and the consequences thereof, if any.
54. The Chamber first deemed appropriate to recall that only a breach or misconduct which is
of a certain severity justifies the termination of a contract. In other words, only when there
are objective criteria which do not reasonably permit to expect the continuation of the
employment relationship between the parties, a contract may be terminated prematurely.
Hence, if there are more lenient measures which can be taken in order to ensure the
fulfilment of the contractual duties by the counterparty, such measures must be taken
before terminating an employment contract. A premature termination of an employment
contract can only ever be an ultima ratio measure.
55. In addition, the Chamber referred to the specific wording of art. 14 par. 2 of the
Regulations, according to which “any abusive conduct of a party aiming at forcing the
counterparty to terminate or change the terms of the contract shall entitle the counterparty (a
player or a club) to terminate the contract with just cause”.
56. In continuation, the Chamber acknowledged that the key questions in this matter to be
considered when assessing whether a player from the first team was subjected to abusive
conduct are:
-
Was the Player training alone or with a team?
57. Based on the evidence on file and the position of the parties, the Chamber concluded that
the Player did not train with the team from 7 January 2025 until the date of termination of
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REF. FPSD-XXXXX
the Contract on 6 February 2025. In particular, the Chamber pointed out that, by not
disputing the Player’s assertion regarding his period of separation from the rest of the
team, the Club is deemed to have accepted it as true.
-
Why was the Player asked to train alone?
58. The Chamber noted that, according to the Club, the Player trained alone because he
refused to follow the directions of its coach, and he lacked the physical capacity necessary
to perform as a professional player in a full-time football match. In addition, the Chamber
took note of the position of the Club that its coach had the discretion to implement an
individualized training program for the Player specifically to improve his physical condition.
-
When was the measure implemented? Was it imposed while (official) matches
were being played?
59. The Chamber observed that the measure was implemented during the pre-season of the
Club when no matches were played.
-
Was the Player still being paid their full salary and remuneration?
60. The Chamber noted that this remained undisputed by the parties.
-
Was it a permanent or temporary measure?
61. The majority of the Chamber was of the opinion that it cannot be concluded that this
measure was of a temporary nature based on its previous conclusion that the Player did
not train with his teammates from 7 January 2025 until the date of termination of the
Contract on 6 February 2025. In this regard, the majority of the Chamber considered that
it was the Club’s burden to establish that this measure was temporary and that it failed to
do so in accordance with art. 13 par. 5 of the Procedural Rules.
-
Were there adequate training facilities for the Player to use when training?
62. The Chamber noted that this remained undisputed by the parties.
-
Conclusion of the Chamber
63. Bearing in mind the foregoing and the principle of burden of proof, the majority of the
Chamber concluded that the behaviour of the Club, consisting of separating the Player
from the rest of the team and making him train alone for a prolonged period of time, i.e.
from 7 January 2025 until 6 February 2025, without any explanation is deliberately abusive.
In particular, the majority of the Chamber considered that such conduct from the Club
could seriously damage the Player’s career prospects. In addition, the majority of the
pg. 17
REF. FPSD-XXXXX
Chamber considered that the Club behaved in an abusive manner by informing the Player
that he did not need to attend the team’s photoshoot and by suddenly informing him that
he could no longer wear the number 9 jersey.
64. In continuation, the Chamber acknowledged that, although individual trainings can be
justified to improve the fitness level of a player, it should be temporarily and an exception
rather than a standard. In this regard, the majority of the Chamber was of the opinion that
since football is a team sport, a player should train most of the time with their team and
not be separated to receive individual training for a prolonged period of time as in the
present matter.
65. For the sake of completeness, as consistently held by the Football Tribunal, and confirmed
by the Court of Arbitrator for Sport (CAS), the Chamber recalled that an exclusion of more
than a month could entitle a player to terminate his employment contract with just cause
(cf. CAS 2013/A/3074 Club KS Lechia Gdańsk v. Bedi Buval).
66. Furthermore, the Chamber analysed the evidence provided by the Player and noted that
he consistently and in good faith tried to contact the Club and be allowed to comply with
the terms of the Contract without receiving a clear answer. In this regard, the majority of
the Chamber highlighted the lack of evidence submitted by the Club to establish that the
Player was duly notified of its alleged correspondence sent on an unspecified date before
the termination of the Contract on 6 February 2025. In particular, the Chamber pointed out
that the same lack of evidence applies with respect to various alleged correspondence of
the Club sent in the days and weeks following the termination of the Contract.
67. In this context, the majority of the Chamber concluded that the Player was left in an
uncertain situation and that his trust in the Club had been legitimately affected by its
conduct to such an extent that, in good faith, he could no longer be reasonably expected
to continue the employment relationship.
68. According to the above considerations, the majority of the Chamber concluded that the
particular circumstances of the present case are in line with art. 14 par. 2 of the Regulations
and therefore the Player had just cause to terminate the Contract on 6 February 2025, due
to the abusive conduct of the Club.
69. Lastly, the Chamber held that the foregoing finding, i.e. that the Player had just cause to
unilaterally terminate the Contract, necessarily leads to the conclusion that the
counterclaim of the Club is rejected.
ii. Consequences
70. Having stated the above, the majority of the Chamber turned its attention to the question
of the consequences of such unjustified breach of contract committed by the Respondent.
pg. 18
REF. FPSD-XXXXX
71. The Chamber observed that, according to the Player’s specific requests for relief, he did
not have any outstanding remuneration at the time of termination of the Contract on 6
February 2025.
72. Having stated the above, the majority of the Chamber turned to the calculation of the
amount of compensation payable by the Respondent in the case at stake. In doing so, the
majority of 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 contract at the basis of the dispute, taking into account the
damage suffered, according to the “positive interest” principle, having regard for the
individual facts and circumstances of each case, and with due consideration for the law of
the country concerned.
73. In application of the relevant provision, the majority of 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.
74. As a consequence, the majority 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 majority
of 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 contract following the termination of his
previous contract (cf. art. 17 par. 1 lit. i)).
75. Bearing in mind the foregoing as well as the claim of the Claimant, the majority of 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 majority of the Chamber concluded, in line with the principle ne ultra
petita, that the amount of USD 3,116,667 (i.e. the monthly salaries from February 2025 until
December 2027) serves as the basis for the determination of the amount of compensation
for breach of contract.
76. In continuation, the majority of 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 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.
pg. 19
REF. FPSD-XXXXX
77. In this respect, the DRC noted that the Player remained unemployed since the unilateral
termination of the Contract.
78. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the majority of the Chamber decided that the Respondent must pay
the amount of USD 3,116,667 to the Claimant, which was to be considered a reasonable
and justified amount of compensation for breach of contract in the present matter.
79. Further, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the majority of the Chamber decided to award the
Claimant interest on said compensation at the rate of 5% p.a. as of 6 February 2025 until
the date of effective payment.
80. Regarding the Player’s request for reimbursement of flight tickets, the majority of the
Chamber decided to accept it and award him EUR 2,631.66 in accordance with the Contract
and the supporting evidence on file.
81. Lastly, the Chamber rejected the Player’s request for moral damages based on the
jurisprudence of the Football Tribunal and art. 13 par. 5 of the Procedural Rules. In fact, the
Chamber noted that the Player did not provide any evidence or justification regarding the
alleged moral damages suffered, or their quantification.
iii. Compliance with monetary decisions
82. 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.
83. 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.
84. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
pg. 20
REF. FPSD-XXXXX
85. 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.
86. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
87. 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.
88. 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.
89. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 21
REF. FPSD-XXXXX
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The counterclaim of the Respondent, Club A, is rejected.
3.
The Respondent must pay to the Claimant the following amounts:
- USD 3,116,667 as compensation for breach of contract plus 5% interest p.a. as from 6
February 2025 until the date of effective payment; and
- EUR 2,631.66 as reimbursement for flight tickets.
4.
Any further claims of the Claimant are rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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. 23