Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 16 November 2012,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player L, from country S
as Claimant
against the club,
Club A, from country G
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the case
1.
On 1 July 2009, Club A, from country G (hereinafter: the Respondent), and Player L,
from country S (hereinafter: the Claimant), concluded an employment contract
(hereinafter: the contract) valid from the date of signature until 30 June 2012.
2.
According to art. 4.4 of the contract, the Claimant was to be remunerated with the
total net amount of EUR 390,000.
3.
On 30 June 2011, the parties signed a “private agreement of settlement of debttermination”, by means of which they agreed that the Respondent would pay the
Claimant the amount of EUR 124,411.64.
4.
On 20 September 2011, the Claimant filed a claim in front of FIFA indicating that the
Respondent had not yet fulfilled all its obligations in connection with the abovementioned private agreement and, in particular, after amending his claim, claimed the
outstanding amount of EUR 103,586.64.
5.
Subsequently, on 20 February 2012, the Claimant and the Respondent concluded
another “private agreement of settlement of debt”, in accordance with which the
Respondent would pay the Claimant the amount of EUR 104,000 as follows:
a)
b)
c)
d)
6.
EUR 34,000 payable until 20 March 2012;
EUR 20,000 payable until 10 May 2012;
EUR 30,000 payable until 10 July 2012;
EUR 20,000 payable until 30 August 2012.
By means of various
a)
b)
c)
EUR 20,000 plus 5% interest p.a. since 10 May 2012;
EUR 30,000 plus 5% interest p.a. since 10 July 2012;
EUR 20,000 plus 5% interest p.a. since 30 August 2012.
7.
Despite having been invited by FIFA to provide its position in respect of the amended
claim of the Claimant, the Respondent did not answer, although it was informed that
in absence of a reply a decision would be taken upon the basis of the documents
already on file.
II.
Considerations of the DRC judge
Player L, from country S / Club A, from country G
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1.
First of all, the Dispute Resolution Chamber (DRC) judge analysed whether he was
competent to deal with the matter at stake. In this respect, the DRC judge took note
that the present matter was submitted to FIFA on 20 September 2011. Consequently,
the DRC judge concluded that 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 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 in combination with art. 22 lit.
b) of the Regulations on the Status and Transfer of Players (edition 2010) the DRC
judge is competent to deal with the matter at stake, which concerns an employment–
related dispute with an international dimension between a country S player and a
country G club.
3.
In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on the
Status and Transfer of Players, the DRC judge confirmed that he may adjudicate in the
present dispute which value does not exceed currency of country H 100,000.
4.
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 Regulations
(edition 2010) and considering that the present claim was lodged in front of FIFA on
20 September 2011, the 2010 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.
5.
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.
6.
In this respect and first of all, the DRC judge acknowledged that following the
conclusion of an employment contract on 30 June 2011, the Claimant and the
Respondent had concluded a “private agreement of settlement of debt-termination”,
by means of which they agreed that the Respondent would pay to the Claimant the
amount of EUR 124,411.64 in 3 instalments as set out below: a) EUR 20,825 on
30 June 2011; b) EUR 68,586.64 on 8 July 2011 and c) EUR 35,000 on 15 October 2011.
7.
Subsequently, the DRC judge noted that the Claimant contacted FIFA on 20 September
2011 indicating that the Respondent had not fulfilled its obligations as established in
the “private agreement of settlement of debt-termination”, since it had only paid the
Claimant the first instalment due on 30 June 2011.
8.
The DRC judge further noted that the Respondent and the Claimant later on
concluded another “private agreement on settlement of debt” dated 20 February
2012, by means of which they agreed that the Respondent would pay to the Claimant
the amount of EUR 104,000 as set out below: a) EUR 34,000 on 20 March 2012;
b) EUR 20,000 on 10 May 2012; c) EUR 30,000 on 10 July 2012 and d) EUR 20,000 on
30 August 2012.
Player L, from country S / Club A, from country G
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9.
Subsequently, the DRC judge observed that the Claimant reverted to FIFA indicating
that the Respondent had also not fulfilled its obligations as established in the “private
agreement on settlement of debt” dated 20 February 2012, since it paid to the
Claimant the first instalment only. Therefore, the Claimant requested to be paid the
alleged outstanding three instalments in the total amount of EUR 70,000 as well as
interest at the rate of 5% on each of the outstanding instalments.
10.
Furthermore, the DRC judge noted that the Respondent had been given the
opportunity to reply to the amended claim submitted by the Claimant, but that the
Respondent had failed to present its response in this respect. In this way, so the DRC
judge deemed, the Respondent renounced to its right of defence and, thus, accepted
the allegations of the Claimant.
11.
As a consequence of the preceding consideration, 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.
12.
On account of the aforementioned considerations, the DRC judge established that the
Respondent had failed to pay to the Claimant the amounts as agreed upon in the
termination agreement, totalling EUR 70,000. Consequently, the DRC judge concluded
that, in accordance with the general legal principle of “pacta sunt servanda”, the
Respondent is liable to pay the Claimant the amount of EUR 70,000.
13.
In continuation and with regard to the Claimant's request for interest, the DRC judge
decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the
outstanding partial amounts as follows:
a)
b)
c)
5% p.a. as of 11 May 2012 on the amount of EUR 20,000;
5% p.a. as of 11 July 2012 on the amount of EUR 30,000;
5% p.a. as of 31 August 2012 on the amount of EUR 20,000.
14.
The DRC judge concluded his deliberations in the present matter by establishing that
any further claim lodged by the Claimant is rejected.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player L, is partially accepted.
2.
The Respondent, Club A, has to pay to the Claimant, within 30 days as from the date
of notification of this decision, the amount of EUR 70,000 plus 5% interest p.a. until
the date of effective payment as follows:
a. 5% p.a. as of 11 May 2012 on the amount of EUR 20,000;
b. 5% p.a. as of 11 July 2012 on the amount of EUR 30,000;
c. 5% p.a. as of 31 August 2012 on the amount of EUR 20,000.
Player L, from country S / Club A, from country G
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3.
In the event that the aforementioned sum plus interest is not paid within the stated
time limit, the present matter shall be submitted, upon request, to FIFA’s 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 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 article 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:
Jérôme Valcke
Secretary General
Encl. CAS Directives
Player L, from country S / Club A, from country G
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