Labour Disputes
Texto da decisão
REF. FPSD-XXXXX
Decision of the
Dispute Resolution Chamber
passed on 1 July 2025
regarding an employment-related dispute concerning the player
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Player, Country A
Represented by
RESPONDENT:
Club, Country B
pg. 2
REF. FPSD-XXXXX
I.
Facts of the case
1.
On 28 July 2023, the Country A player, Player A (hereinafter: the Player or the Claimant) and
the Country B club, Club A (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract) valid from 30 July 2023 until 30 November
2023.
2.
Clause 2.4 of the Contract provided that:
“The Player is obliged to undergo physical tests or medical examination related to the
Player's employment at the request of the Club. Such examinations are funded by the
Club. The Club thereby guarantees the Player free treatment during the contract period
for the damages incurred by the Player as a footballer in the Club.”
3.
Pursuant to clause 3 of the Contract, the Club undertook to pay the Player a monthly salary
of Country B currency 5,000.
4.
On 11 March 2024, the Player sent the Club a default notice demanding payment of Country
B currency 33,160 to cover accommodation and electricity costs, as well as outstanding
salary.
II. Proceedings before FIFA
5.
On 4 May 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Player
6.
In his claim, the Player argued that he had suffered an injury during his employment and
had incurred in several medical expenses, totalling Country B currency 4,422, which should
be reimbursed by the Club.
7.
Furthermore, he alleged that his salary for September 2023 had remained unpaid.
8.
The Player then alleged that the Club had agreed to provide him with an apartment but
failed to do so. Therefore, he claimed that the Club should also reimburse him Country B
currency 28,160 for accommodation expenses.
9.
The Player requested the following relief:
“Based on the above, the Claimant is requesting the FIFA DRC to determine that the Club
is obliged to comply with its contractual obligations and by that order the Club to pay
the Claimant an amount of 37 582 Country B currency alongside interest rate of 5 %
from 11 April 2024 until payment of the claimed amount is made in full”.
pg. 3
REF. FPSD-XXXXX
10. On 12 May 2025, the FIFA general secretariat invited the Club to submit its position on the
Player’s claim by 11 June 2025.
11. On 19 May 2025, the Player submitted additional evidence relating to his claim. In
particular, the Player provided a copy of a default notice sent to the Club on 11 March 2024.
12. On 2 June 2025, the FIFA general secretariat acknowledged receipt of the new evidence
submitted by the Player and granted the Club ex officio a deadline extension to submit its
position until 6 June 2025.
b. Position of the Club
13. On 3 June 2025, the Club responded to the claim. The Club disputed the Player’s claim as
follows:
•
All contractual obligations had been fulfilled, and the Contract contained no
clause obliging the Club to pay for housing or private medical expenses.
•
According to clause 2.4 of the Contract, the Club was only liable to cover the
Player’s expenses in the Club and within Country B. However, as the Player sought
medical treatment outside the country, these medical expenses were outside the
scope of the Contract.
•
The Club had voluntarily offered the Player a shared accommodation, but he had
refused the offer and decided to find a new place on his own. Thus, the Club is
not liable to cover these costs, nor is there a written agreement to the contrary.
•
The Player was absent for 30 days in September 2023 and was therefore not
entitled to any remuneration for this period.
•
The Player was not entitled to any performance bonus.
14. The Club concluded as follows:
“The Club has:
• Paid all contractual compensation (with payslips enclosed),
• Provided housing in line with club policy,
• Met its medical obligations as defined under the contract,
• Lawfully deducted salary in accordance with absence,
• Made no bonus promises or external financial commitments.
For these reasons, the Club considers the matter resolved and firmly opposes any further
compensation claims submitted by the Player.”
pg. 4
REF. FPSD-XXXXX
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 4 May 2025 and submitted for
decision on 1 July 2025. Taking into account the wording of arts. 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.
16. Furthermore, the Single Judge 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.
17. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he 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
18. The Single Judge 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 Single Judge stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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
19. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
pg. 5
REF. FPSD-XXXXX
i. Main legal discussion and considerations
20. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim for outstanding remuneration and expenses reimbursement.
21. The Single Judge acknowledged that the Player claimed:
•
•
•
Country B currency 5,000 as the salary for September 2023;
Country A currency 3,000 (Country B currency 4,422) to cover rehabilitation costs
/ medical expenses; and
Country B currency 28,160 to cover accommodation costs.
22. The Club disputed his entitlement to all the above.
23. The Single Judge’s conclusions in this context were as follows.
A.
September 2023 salary
24. The Player claimed Country B currency 5,000 as the September 2023 salary.
25. The Club alleged that the Player was absent during this period and was therefore not be
entitled to any payment. However, the Single Judge noted that the Club provided no
evidence to support this argument.
26. Furthermore, the Player alleged that he was injured and undergoing treatment, a fact which
the Club did not dispute.
27. The Single Judge therefore decided that the Player be awarded his September 2023 salary,
plus 5% interest p.a. from 11 March 2024, as claimed, and without incurring ultra petita.
B.
Medical expenses
28. The Player claimed Country A currency 3,000 (Country B currency 4,422) to cover the cost
of rehabilitation and medical expenses. He submitted the following invoices:
Expense date
Invoice Number
Reference
28/08/2023
31/08/2023
06/09/2023
11/09/2023
15/09/2023
TOTAL
280xxx
280xxx
280xxx
280xxx
280xxx
Consultation
Physiotherapy
Physiotherapy
Physiotherapy
Physiotherapy
Amount (Country A
Currency)
760
560
560
560
560
3,000
29. All the above invoices state that “in case of late payment, interest rate is added in accordance
with current regulation”.
pg. 6
REF. FPSD-XXXXX
30. The Club disputed the above due to the fact that the expenses were incurred outside the
country and without proper authorization.
31. Regarding this, the Single Judge first noted that clause 2.4 of the Contract stated the
following regarding medical expenses:
“2.4. The Player is obliged to undergo physical tests or medical examination related to
the Player's employment at the request of the Club. Such examinations are funded by
the Club. The Club thereby guarantees the Player free treatment during the
contract period for the damages incurred by the Player as a footballer in the Club.”
(emphasis added)
32. According to the Single Judge, the Club undertook to cover the Player’s medical costs. While
it was true that this provision referred to “in the Club”, it was unclear whether any expenses
incurred by the Player outside the country would be covered privately. Furthermore, the
Single Judge found that this clause does not refer to the need for authorization by the Club
and, even so, the Club did not dispute that it was aware of the Player’s injury.
33. In light of the above, the Single Judge determined that the Player should, in principle, be
entitled to the claimed reimbursements. However, the Single Judge similarly noted that he
only provided copies of invoices, without proof of payment. Although the Player alleged
that he paid in cash, he failed to submit any supporting evidence, such as cash receipts.
34. The Single Judge therefore rejected this part of the claim.
C.
Accommodation expenses
35. The Player also submitted invoices that were supposedly related to accommodation
expenses that he had incurred. In this respect, the Single Judge noted that the Contract
does not provide for an accommodation allowance.
36. Although the Player provided copies of a WhatsApp conversation allegedly involving a Club
representative, the Single Judge also considered that these messages were exchanged
before the parties signed the Contract. Also, the Player provided no additional evidence to
support his claim for reimbursement of the costs incurred.
37. Therefore, the Single Judge ruled that this claim lacked a contractual basis and should also
be rejected.
ii. Compliance with monetary decisions
38. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
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REF. FPSD-XXXXX
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.
39. In this regard, the Single Judge 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.
40. Therefore, bearing in mind the above, the Single Judge decided that the Club must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
of the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
41. The Club 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.
42. The Single Judge 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
43. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
44. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
45. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 8
REF. FPSD-XXXXX
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, the Player, is partially accepted.
2.
The Respondent, Club A, must pay to the Claimant the following amount(s):
- Country B currency 5,000 as outstanding remuneration plus 5% interest p.a. as from
11 March 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.
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.
6.
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.
7.
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
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