Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 6 November 2014,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player G, from country P
as Claimant
against the club,
Club K, from country T
as Respondent
regarding an employment-related dispute arisen between the parties
I.
Facts of the case
1.
On 2 August 2010, Player G, from country P (hereinafter: the Claimant), and Club K,
form country T (hereinafter: the Respondent), signed an employment contract
(hereinafter: the contract) valid as of the date of signature until 30 June 2013.
2.
On 23 November 2012, the parties signed a financial protocol (hereinafter: the
protocol) in order to settle the payment of the outstanding amount of EUR 200,000.
The protocol refers to the aforementioned amount as being due by the Respondent
to the Claimant in accordance with a “promissory note” which was signed between
the parties on 23 January 2012 and established that the said amount was due on 25
May 2012.
3.
Pursuant to the protocol, the amount of EUR 200,000 is payable as follows:
EUR 100,000 due on 31 December 2012;
EUR 100,000 due on 28 February 2013.
4.
On 11 April 2014, the Claimant lodged a claim before FIFA against the Respondent,
requesting the outstanding amount of EUR 50,000, plus 5% interest p.a. “starting as
of February 28, 2013”.
5.
The Claimant maintains that the Respondent did not comply with the protocol.
According to the Claimant, the Respondent only paid him partial amounts and thus,
the amount of EUR 50,000 remains outstanding.
6.
The Claimant alleges that although there were several attempts to settle the matter
amicably, they were never successfully completed.
7.
In spite of having been invited to present its position on the Claimant’s claim and
although the Respondent on two occasions requested FIFA to be given an extension
of deadline, the Respondent did not provide its position regarding the substance of
the present matter.
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
matter at hand. In this respect, he took note that the present matter was submitted
Player G, from country P / Club K, from country T
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to FIFA on 11 April 2014. Consequently, the Rules governing the procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (edition 2012;
hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art. 21 of
the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural
Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction
with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition
2014), he is competent to deal with the matter at stake which concerns an
employment-related dispute with an international dimension between a country P
player and a country T club, and which value does not exceed currency of country H
100,000.
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 par. 2 of the Regulations on the Status and Transfer of Players
(editions 2012 and 2014), and considering that the present claim was lodged on 11
April 2014, the 2012 edition of said regulations (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. In this respect,
the DRC judge started by acknowledging all the above-mentioned facts as well as
the arguments and the documentation submitted by the parties. However, the DRC
judge emphasised that, in the following considerations, he will refer only to the
facts, arguments and documentary evidence which it considered pertinent for the
assessment of the matter at hand.
5.
In this respect and in a first instance, the DRC judge acknowledged that, on 2
August 2010, the Claimant and the Respondent had concluded an employment
contract valid as from the date of signature until 30 June 2013.
6.
Equally, the DRC judge took note that, on 23 November 2012, the parties had
concluded a financial protocol in order to settle the outstanding amount of EUR
200,000 payable to the Claimant in two instalments of EUR 100,000, respectively due
on 31 December 2012 and 28 February 2013.
7.
Subsequently, the DRC judge observed that the Claimant seized to FIFA indicating
that the Respondent had not fulfilled its obligations as established in the said
protocol, since it paid to the Claimant partial amounts only. Therefore, the Claimant
requested to be paid the alleged remaining amount of EUR 50,000 as well as
interest at the rate of 5% starting as of 28 February 2013.
Player G, from country P / Club K, from country T
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8.
Furthermore, the DRC judge noted that the Respondent had been given on two
occasions 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.
9.
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.
10.
On account of the aforementioned considerations, the DRC judge established that
the Respondent had failed to pay to the Claimant the remaining amount of EUR
50,000 as agreed in the protocol. 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 50,000.
11.
In continuation and with regard to the Claimant's request for interest, the DRC
judge decided that the Respondent must pay to the Claimant interest of 5% p.a. on
the amount of EUR 50,000 as from 1 March 2013 until the date of effective payment
12.
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 is partially accepted.
2.
The Respondent has to pay to the Claimant, within 30 days as from the date of
notification of this decision, the amount of EUR 50,000 plus 5% interest p.a. as from
1 March 2013 until the date of effective payment.
3.
In the event that the aforementioned amount 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.
Player G, from country P / Club K, from country T
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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 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. as mentioned
Player G, from country P / Club K, from country T
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