Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 18 December 2012,
by Mr Philippe Diallo (France), DRC judge,
on the claim presented by the player
Player A, from Country B,
as Claimant
against the club
Player L, from Country M,
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On 22 January 2010, the player, A (hereinafter: the Claimant), and club FC L,
(hereinafter: the Respondent), signed an employment contract (hereinafter: the
contract) valid as from the date of signature until 30 June 2010.
2.
According to the contract, the Claimant was entitled, inter alia, to receive EUR
70,000 composed as follows:
- EUR 15,000 upon arrival of the International Transfer Certificate;
- EUR 55,000 payable in “four equal installment at the 30th day of each month
with the first instalment due on February 30, 2010 and the fourth on May 30,
2010”.
3.
Furthermore, art. 5 of the contract established that the Claimant was entitled to an
additional remuneration in the amount of EUR 10,000 if he “participates in the
world cup with the national team from Country B and only in the case that the
team will receive minimum 40,000 EUR net from FIFA for his participation. If the
club receives less than 40,000 EUR the player will receive the 25 percent of any
amount the team will receive”.
4.
On 20 July 2011, the Claimant lodged a claim against the Respondent for breach of
contract before FIFA, requesting, after amending his claim, the amount of EUR
13,995 plus interest as follows:
- EUR 9,750 net plus interest as of 30 June 2010;
- EUR 4,245 net plus interest as of 29 December 2010.
5.
The Claimant stated having put the Respondent in default as per fax dated 1
October 2010 and to have received a written reply from the Respondent dated 5
October 2010, by means of which it recognized owing the Claimant monies,
however, without mentioning the amount.
6.
In its reply, the Respondent recognized to still owe the Claimant the amount of EUR
13,995.59. In this respect, regarding the remuneration, the Respondent asserted to
have paid the Claimant EUR 7,000 on 12 January 2011, and therefore still owes the
Claimant the amount of EUR 9,750. Moreover, regarding the bonus in accordance
with art. 5 of the contract, the Respondent asserted owing the Claimant EUR
4,245.59, i.e. EUR 4,245 being 25% of the amount of 16,982.37 which was paid to
the Respondent through the Football Federation of Country M on 29 December
2010.
7.
The Claimant informed FIFA that the parties concerned have not found an amicable
settlement.
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II.
Considerations of the DRC judge
1.
First of all, 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 20 July 2011. 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. 1 and par. 2 of the Procedural
Rules and confirmed that in accordance with art. 24 par. 1 and 2 lit. i) in
combination with art. 22 lit. b) of the Regulations on the Status and Transfer of
Players (edition 2010), he is competent to decide on the present litigation, which
concerns an employment-related dispute with an international dimension between
a player from Country B and a club from Country M.
3.
Furthermore, the DRC judge analysed which edition of the regulations should be
applicable as to the substance of the matter. In this respect, he referred, on one
hand, to art. 26 par. 1 and 2 of Regulations on the Status and Transfer of Players
(edition 2010) and, on the other hand, to the fact that the present claim was lodged
on 20 July 2011. Therefore, the DRC judge concluded that 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.
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 that on 22 January 2010, the Claimant and
the Respondent had signed an employment contract valid as from the date of
signature until 30 June 2010, by means of which the Claimant was entitled to
receive, inter alia, EUR 15,000 upon the arrival of the International Transfer
Certificate, as well as EUR 55,000 payable in four equal instalments, the first one
due in February and the last one in May 2010. Furthermore, the DRC judge
acknowledged that the contract provided that the Claimant would be entitled to
EUR 10,000 net as bonus in case the Claimant would participate in the World Cup
with the national team from Country B conditioned to the fact that the team would
receive a minimum of EUR 40,000 net from FIFA for its participation. However, if the
team would receive less than EUR 40,000, the Claimant would be entitled to 25% of
any of the amount received.
5.
The DRC further acknowledged that the Claimant honoured the contract and that
the Respondent was put in default prior to the Claimant’s claim as per
documentation provided on file dated 1 October 2010.
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6.
The DRC judge took note that the Respondent acknowledged owing the Claimant
as per correspondence sent by the Respondent to the Claimant dated 5 October
2010 provided on file by the Claimant.
7.
In this regard, the DRC judge took note that the Respondent responded to the
claim by acknowledging that it still had debts towards the Claimant in the total
amount of EUR 13,995.59. In this regard, and based on the Respondent’s
acknowledgement, the DRC judge took note that the Claimant amended his initial
claim by accepting the amount recognized by the Respondent and therefore
claimed as outstanding salaries the amount of EUR 9,750 net plus interest as of 30
June 2010, i.e. the contract’s end, as well as bonus in accordance with art. 5 of the
contract, in the amount of EUR 4,245 net plus interest as of 29 December 2010, i.e.
date on which the amount was paid to the Respondent through the Football
Federation of Country M.
8.
Finally, the DRC judge acknowledged that despite the Respondent’s recognition of
owing the monies to the Claimant and the Claimant’s acceptance to the
aforementioned amount offered by the Respondent, an amicable settlement was
not reached between the parties concerned.
9.
In this regard, the DRC judge asserted that the Respondent has to pay to the
Claimant the amount of EUR 9,750 plus 5% interest p.a. as well as the amount of
from 1 July 2010, as EUR 4,245 plus 5 % interest p.a. as from 30 December 2010.
10.
Therefore, the DRC judge decided that the claim of the Claimant is partially
accepted.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, FC L, has to pay to the Claimant, Player A, within 30 days as from
the date of notification of this decision, the amount of EUR 13,995 plus interest at
5% p.a. until the date of effective payment as follows:
- 5% interest p.a. over the amount of EUR 9,750 as from 1 July 2010;
- 5% interest p.a. over the amount of EUR 4,245 as from 30 December 2010.
3.
If the aforementioned sum plus interest is not paid within the above-mentioned
deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for its consideration and a formal decision.
4.
Any further request filed by the Claimant is rejected.
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5.
The Claimant, Player A, is directed to inform the Respondent, FC L, 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
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