Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 14 August 2013,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player A, country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On an unspecified date, the player from country B, Player A (hereinafter: player
or Claimant), and the club from country D, Club C (hereinafter: club or
Respondent), signed an employment contract valid for three sporting seasons.
2.
On 9 May 2012, the parties signed an “Account settlement affidavit” (hereinafter:
agreement) by means of which the club recognized that “after subtraction of, the
legal deductions, the probable fines imposed by disciplinary committee or other
competent legal bodies, also calculation and deduction of previous payments
paid to player up to the above-mentioned date (…)”, it still owed the player the
net amount of USD 94,917.
3.
On 1 March 2013, the player lodged a claim against the club before FIFA
maintaining that the club had failed to comply with the financial obligation
deriving from the above-mentioned agreement.
4.
The player claims to have formally notified the club of its pending obligation but
unfortunately to no avail.
5.
In light of the aforementioned, the player is requesting to be awarded the
stipulated net amount of USD 94,917 plus 5% interest p.a. “from the due date to
the payment date for the due amount”.
6.
In spite of having been invited by FIFA to do so, the club did not present any reply
to the player´s claim.
*****
Player A, country B / Club C, country D
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II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (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 1 March 2013. Consequently,
the DRC judge concluded that 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 edition of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and par. 2 lit. i. in combination
with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition
2012) the DRC judge is competent to deal with the matter at stake, which
concerns an employment–related dispute with an international dimension
between a player from country B and an club from country D.
3.
In continuation, 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 Regulations on the Status and Transfer of Players (edition 2012) and
considering that the present claim was lodged in front of FIFA on 1 March 2013,
the 2012 edition of the Regulations on the Status and Transfer of Players
(hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. The DRC
judge started by acknowledging the above-mentioned facts of the case as well as
the documentation contained in the file.
5.
In this respect, the DRC judge acknowledged that the parties had signed an
employment contract on an unspecified date and an “Account settlement
affidavit” on 9 May 2012, by means of which the Respondent recognised that it
still owed the Claimant the net amount of USD 94,917.
6.
In continuation, the DRC judge noted that the Claimant alleged that the
Respondent had failed to pay the amount recognised by the latter in the abovementioned agreement. Consequently, the Claimant asked to be awarded the
total net amount of USD 94,917 plus interest.
Player A, country B / Club C, country D
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7.
Subsequently, the DRC judge observed that the Respondent, for its part, in spite
of having been invited to do so, failed to present its response to the claim of the
Claimant. In this way, the DRC judge deemed that the Respondent renounced to
its right of defence and, thus, accepted the allegations of the Claimant.
8.
As a result, the DRC judge established that in accordance with art. 9 par. 3 of the
Procedural Rules, he shall take a decision upon the basis of the documents on file,
in other words, upon the statements and documents presented by the Claimant.
9.
In view of all the above, the DRC judge concluded that it could be established
that the Respondent had failed to pay to the Claimant the amount of USD 94,917
as recognised by the parties in the agreement dated 9 May 2012.
10.
As a consequence of the foregoing consideration, and in accordance with the
general legal principle of pacta sunt servanda, the DRC judge decided that the
Respondent must fulfil its obligations as per the agreement and is to be held
liable to pay the outstanding amount of USD 94,917 to the Claimant plus 5%
interest p.a. on said amount as of 1 March 2013 until the date of effective
payment.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, the amount of USD 94,917 plus 5% interest
p.a. on said amount as of 1 March 2013 until the date of effective payment.
3.
If the aforementioned sum plus interest is not paid within the stated time limit,
the present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee for consideration and a formal decision.
Player A, country B / Club C, country D
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4.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance is to be made and to notify the DRC
judge 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
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 A, country B / Club C, country D
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