Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 2 September 2015,
by Philippe Diallo (France), 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 1 February 2014, the player from country B, Player A (hereinafter: the Claimant), and
the club from country D, Club C (hereinafter: the Respondent), concluded an employment
contract (hereinafter: the contract), valid from the date of signature until 30 June 2014.
2.
According to art. III.2 of the contract, the Claimant was entitled to receive from the
Respondent a monthly salary of EUR 5,300 payable on the 25th day of the following month.
3.
On 16 July 2014, the Claimant lodged a claim against the Respondent in front of FIFA,
requesting the payment of outstanding remuneration in the amount of EUR 21,200, plus
5% interest p.a. as from April 2014, corresponding to 4 monthly salaries, for March to June
2014.
4.
In his claim, the Claimant stated that, in spite of having always complied with the contract,
he was not paid his monthly salaries as from April 2014.
5.
Despite having been invited by FIFA to do so, the Respondent did not reply to the
Claimant’s claim.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter: the judge or the DRC
judge) analysed whether he was competent to deal with the case at hand. In this respect,
he took note that the present matter was submitted to FIFA on 16 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) are applicable to
the matter at hand (cf. article 21 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 1 and par. 2 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22
lit. b) of the Regulations on the Status and Transfer of Players (editions 2012, 2014 and
2015) he is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between an player from country B and a
club from country D.
3.
Furthermore, the DRC judge analysed which regulations 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 (editions 2012, 2014 and
2015), and considering that the present claim was lodged on 16 July 2014, the 2012 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
Player A, country B / Club C, country D
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4.
His competence and the applicable regulations having been established, the DRC judge
entered into the substance of the matter. In this respect, he acknowledged that the parties
to the dispute had signed an employment contract on 1 February 2014, valid as from the
date of signature until 30 June 2014, according to which the Claimant was entitled to a
monthly salary of EUR 5,300, payable on the 25th day of the following month.
5.
In continuation, 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 As
a result, in accordance with art. 9 par. 3 of the Procedural Rules, the DRC judge established
that he shall take a decision upon the basis of the statements and documents presented by
the Claimant.
6.
In continuation, the DRC judge took into consideration that, according to the Claimant,
the Respondent failed to pay him his monthly salaries from March to June 2014, as per the
contract. Thus, the total amount of EUR 21,200 still remains outstanding.
7.
Consequently, the DRC judge established that the Respondent failed to remit the Claimant
the above-mentioned salaries for four months and, in accordance with the general legal
principle of pacta sunt servanda, it should be held liable to pay to the Claimant the
outstanding amount of EUR 21,200.
8.
In addition, taking into account the Claimant’s request for interest in the amount of 5%
p.a. as from April 2014, the DRC judge referred to the wording of art. III.2 of the contract
(cf. point I.2. above) and pointed out that the monthly salaries were due on the 25th day of
the following month. Therefore, the DRC judge decided that interest in the amount of 5%
p.a. applies over the amount of EUR 21,200 in the following manner:
- 5% p.a. as from 26 April 2014 on the amount of EUR 5,300;
- 5% p.a. as from 26 May 2014 on the amount of EUR 5,300;
- 5% p.a. as from 26 June 2014 on the amount of EUR 5,300;
- 5% p.a. as from 26 July 2014 on the amount of EUR 5,300.
9.
Finally, the DRC judge concluded his deliberations in the present matter by establishing
that any further claim of the Claimant is rejected.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club C, is ordered to pay to the Claimant, within 30 days as from
the date of notification of this decision the amount of EUR 21,200 plus 5% interest p.a.
until the date of effective payment, as follows:
5% p.a. as from 26 April 2014 on the amount of EUR 5,300;
5% p.a. as from 26 May 2014 on the amount of EUR 5,300;
5% p.a. as from 26 June 2014 on the amount of EUR 5,300;
Player A, country B / Club C, country D
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5% p.a. as from 26 July 2014 on the amount of EUR 5,300.
3.
In the event that the amount due to the Claimant 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 remittances are 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
Acting Secretary General
Encl: CAS directives
Player A, country B / Club C, country D
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