Official Documents
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 24 October 2011,
by
Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player
X,
as “Claimant”
against the club
Y FC,
as “Respondent”
regarding an employment-related
dispute between the parties
I.
Facts of the case
1.
On 1 June 2009, the Player X (hereinafter: the Claimant) and the club Y FC
(hereinafter: the Respondent) concluded an employment contract (hereinafter:
the contract), valid as of 1 June 2009 until the end of the football season
2009/2010, by means of which the player was entitled to receive from the club,
inter alia, a salary amounting to EUR 20,000 in 10 equal monthly instalments of
EUR 2,000 each, the first one to be paid on 30 August 2009 and the last one to be
paid on 30 May 2010.
2.
On 2 June 2009, the Claimant and the Respondent concluded another agreement
entitled ”Supplementary Agreement“ (hereinafter: the supplementary
agreement), in accordance with which the Claimant was entitled to receive from
the Respondent, inter alia, an extra amount of EUR 48,000 as follows: an advance
payment in the amount of EUR 6,800 on 1 July 2009 and EUR 41,200 in 10 equal
monthly instalments of EUR 4,120 each, the first one to be paid on 30 August 2009
and the last one on 30 May 2010.
3.
On 16 November 2010, the Claimant lodged a claim with FIFA against the
Respondent requesting from the latter the payment of EUR 27,480, allegedly
corresponding to a part of his salary of January 2010 as well as his salaries of
February, March, April and May 2010 according to the contract and the
supplementary agreement plus interests and legal fees. In this respect, the
Claimant argued that in January 2010 he had only received from the Respondent
EUR 3,120 and that the salaries of February, March, April and May 2010 were
completely outstanding.
4.
On 19 November 2010, FIFA forwarded the claim of the Claimant to the
Respondent giving it a deadline to submit its position and informing the latter of
the content of art. 9 par. 3 of the Rules Governing the Procedures of the Players’
Status Committee and the Dispute Resolution Chamber.
5.
In spite of having been asked to do so, the Respondent never responded to the
claim lodged against it, although it was informed that, in absence of a reply, a
decision would be taken by the competent decision-making body on the basis of
the information and evidence at disposal.
6.
By correspondence dated 14 April 2011, the Claimant informed FIFA that he had
stayed with the Respondent until the end of the contract, i.e. until the end of the
football season 2009/2010.
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II.
Considerations of the Dispute Resolution Chamber (DRC) judge
1.
First of all, the Dispute Resolution Chamber judge (hereinafter also referred to as:
the 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 16 November 2010. Consequently, the 2008 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 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art 3 par. 2 and 3 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with
art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition
2010) the DRC Judge is competent to decide on the present litigation , which
concerns an employment-related dispute of an international dimension between a
player and a club.
3.
Furthermore, 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 2010 edition of the Regulations on the Status and Transfer of Players, and
considering that the present claim was lodged with FIFA on 16 November 2010,
the 2010 edition of the Regulations on the Status and Transfer of Players
(hereinafter: the Regulations) is applicable to the present matter as to the
substance.
4.
His competence and the applicable regulations having been established, the DRC
judge entered into the substance of the matter. In doing so and first of all, the
DRC Judge observed that the Respondent had not submitted any comments in
response to the claim lodged against it by the Claimant despite having been asked
to do so by FIFA. Therefore, the DRC judge concluded that, in this way, the
Respondent had renounced to its right of defence and, thus, it had to be assumed
that it had accepted the allegations of the Claimant.
5.
Hence and bearing in mind the aforementioned, the DRC judge referred to art. 9
par. 3 of the Procedural Rules and pointed out that in the present matter a
decision shall be taken upon the basis of the documents on file, in other words
upon the allegations and documents provided by the Claimant.
6.
In this respect, the DRC judge acknowledged that, on 1 June 2009, the Claimant
and the Respondent had concluded an employment contract (hereinafter: the
contract) valid from the date of its signature until the end of the football season
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2009/2010, in accordance with which the Claimant was inter alia entitled to
receive from the Respondent a salary amounting to EUR 20,000 in ten equal
monthly instalments of EUR 2,000 each, the first one to be paid on 30 August 2009
and the last one to be paid on 30 May 2010. Furthermore, the DRC judge took
note that, on 2 June 2009, the Claimant and the Respondent had concluded a
second agreement entitled “supplementary agreement” (hereinafter: the
supplementary agreement) in accordance with which the Claimant was inter alia
entitled to additionally receive from the Respondent EUR 48,000 as follows: an
advance payment in the amount of EUR 6,800 on 1 July 2009 and EUR 41,200 in
ten equal monthly instalments of EUR 4,120 each, the first one to be paid on 30
August 2009 and the last one on 30 May 2010.
7.
Finally, the DRC judge acknowledged that, in his claim to FIFA, the Claimant had
requested from the Respondent the payment of EUR 27,480 arguing that the
latter had failed to pay his salaries of February, March, April and May 2010 as well
as part of his salary of January 2010 although he had worked for the latter until
the end of the contract. As to that, the DRC Judge further recalled that said
allegations of the Claimant had not been contested by the Respondent.
8.
Thus, taking into account the legal principle of Pacta sunt servanda, which in
essence means that agreements must be respected by the parties in good faith
and bearing in mind that the Respondent had never contested the allegations of
the Claimant, the DRC judge came to the conclusion that the Respondent must
fulfil its obligations stipulated in the contract and in the supplementary
agreement and, consequently, pay the outstanding salaries due to the Claimant.
9.
Having determined the aforementioned and with the aim of establishing the
concrete amount due by the Respondent, the DRC Judge took note that,
according to the submissions of the Claimant the salaries of February, March, April
and May 2010 were completely outstanding and only a part of his salary of
January 2010, i.e. the amount of EUR 3,120, had been paid. Furthermore, the
Single Judge recalled that, according to the contract and the side agreement, the
Claimant was entitled to receive from the Respondent a monthly salary of EUR
6,120, i.e. EUR 2,000 as per the contract plus EUR 4,120 in accordance with the side
agreement.
10.
In view of the above, considering that the Respondent had not contested the
above-mentioned allegations of the Claimant with regard to the unpaid amounts,
and taking into account that according to the contract and the side agreement
the latter was entitled to receive a monthly salary of EUR 6,120, the DRC Judge
decided that the first part of the Claimant’s claim has to be accepted and the
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Respondent has to pay to the Claimant outstanding salaries amounting to EUR
27,480.
11.
In continuation and with regard to the Claimant’s request for interest on the
outstanding amount, taking into account that the latter had not specified as of
when exactly he was requesting default interest on the amount in question, the
DRC judge decided that the Claimant is entitled to receive interest at the rate of
5% p.a. over the amount of EUR 27,480 as of 24 October 2011 until the date of
effective payment.
12.
Finally and as to the Claimant’s claim for the reimbursement of his legal expenses,
the DRC judge recalled that according to art. 18 par. 4 of the Procedural Rules “No
procedural compensation shall be awarded in proceedings of the Players’ Status
Committee and the DRC”.
13.
In view of the above, the DRC judge decided that the Claimant could not be
reimbursed for the legal expenses which he had incurred. Therefore, the DRC
judge ruled that the last part of the Claimant’s claim has to be rejected.
14.
In view of all the above-mentioned considerations, the DRC judge decided that
the claim of the Claimant is partially accepted and that the Respondent has to pay
to the Claimant the total amount of EUR 27,480 plus 5% interest on the said
amount as from 24 October 2011 until the date of effective payment.
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III.
Decision of the Dispute Resolution Chamber (DRC) judge
1.
The claim of the Claimant, X, is partially accepted.
2.
The Respondent, Y FC, has to pay to the Claimant, X, the amount of EUR 27,480 as
well as 5% interest per year on the said amount as from 24 October 2011 until the
date of effective payment, within 30 days as from the date of notification of this
decision.
3.
Any further claims lodged by the Claimant, X, are rejected.
4.
If the aforementioned sum plus interest is not paid within the aforementioned
deadline, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee for consideration and a formal decision.
5.
The Claimant, X, is directed to inform the Respondent, Y FC, immediately and
directly of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber (DRC) judge of every payment received.
*****
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Note relating to the motivated decision (legal remedy):
According to article 63 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
Jérôme Valcke
Secretary General
Encl. CAS Directives
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