Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 18 December 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Philippe Piat (France), member
Damir Vrbanovic (Croatia), member
on the claim presented by the player,
Player P, from country S
as Claimant
against the club,
Club D, from country T
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 30 August 2011, Player P, from country S (hereinafter: the Claimant), and Club D,
from country T (hereinafter: the Respondent), concluded an employment contract
(hereinafter: the contract) valid as from the date of signature until 31 May 2015.
2.
According to the second part of art. 4.1 of the contract, “For avoidance of doubt, the
part of this agreement for the football seasons of 2012/2013, 2013/2014 and 2014/2015
shall be valid if the buy option which is agreed on the agreement made between the
Club and Club W is exercised by the club”. Such option was not exercised by the club and
the contract expired at the end of season 2011/2012.
3.
Article 6.1 of the contract establishes, inter alia, that the Respondent undertakes to pay
the Claimant the total amount of EUR 525,000 net for the season 2011/2012, broken
down as follows:
- EUR 150,000 on 20 September 2011;
- EUR 100,000 on 20 December 2011;
- EUR 150,000 on 20 March 2012;
- EUR 125,000 on 30 May 2012.
4.
In addition, art. 6.2 of the contract stipulates that “The club shall pay a yearly guarantee
bonus in the amount of EUR 25,000 for the following football season 2011/2012”.
5.
On 29 July 2013, the Claimant lodged a claim in front of FIFA against the Respondent,
requesting the payment of the total amount of EUR 118,280.37, plus unspecified interest
as from 21 May 2012 – i.e. the date following the pay-date of the last instalment, as per
the Claimant –, corresponding to his unpaid remuneration for the season 2011/2012.
6.
In his claim, the Claimant explains that he only received the total amount of EUR
431,719.63 from the total of EUR 550,000 due to him as per the contract, i.e. EUR 525,000
plus EUR 25,000.
7.
He further states that, in spite of his various reminders, the Respondent never proceeded
with the payment of the outstanding amount. In this regard, the Claimant provided a
letter of his legal representative, dated 19 November 2012, addressed to the Respondent,
requesting the payment of the amount of EUR 117,000 by no later than 30 November
2012.
8.
As per the Claimant, on 28 February 2013, the Respondent proposed the signing of an
agreement, according to which it acknowledged to owe him the total amount of EUR
117,000, to be paid in two equal instalments. The Claimant, however, refused to sign
such agreement, since it did not contain any guarantee of actual payment.
9.
In spite of having been granted an extension of deadline to reply to the claim, the
Respondent did not reply to the Claimant’s claim.
Player P, from country S / Club D, from country T
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II.
Considerations of the Dispute Resolution Chamber
1.
First, the Dispute Resolution Chamber (hereinafter also referred to as: the DRC or the
Chamber) analysed whether it was competent to deal with the case at hand. In this
respect, the Chamber took note that the present matter was submitted to FIFA on 29 July
2013. Consequently, the 2012 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 of the 2012 and 2014
editions of the Procedural Rules).
2.
Subsequently, the DRC referred to art. 3 par. 1 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 2014) it is competent to decide
on the present litigation, which concerns an employment-related dispute with an
international dimension between a country S player and a country T club.
3.
In continuation, the Chamber analysed which edition of the FIFA Regulations on the
Status and Transfer of Players should be applicable as to the substance of the matter. In
this respect, the Chamber referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (editions 2012 and 2014), and, on the
other hand, to the fact that the present claim was lodged in front of FIFA on 29 July
2013. The DRC then concluded that the 2012 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 Chamber and the applicable regulations having been established,
the DRC entered into the substance of the matter. In doing so, the DRC started by
acknowledging the abovementioned facts of the case as well as the documentation
contained in the file. However, the Chamber emphasised that in the following
considerations it 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, the Chamber acknowledged that the parties to the dispute had signed a
valid employment contract on 30 August 2011, in accordance with which the Respondent
would pay the Claimant the remuneration detailed in point I.3. above.
6.
Subsequently, the DRC noted that the Respondent failed to present its response to the
claim of the Claimant, in spite of having been invited to do so. The Chamber was of the
opinion that, by not presenting its position to the claim, the Respondent renounced to its
right of defence and, thus, accepted the allegations of the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the DRC concurred
that in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon
Player P, from country S / Club D, from country T
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the basis of the documentation on file; in other words, upon the statements and
documents presented by the Claimant.
8.
In continuation, the DRC acknowledged that, in accordance with the employment
contract provided by the Claimant, the Respondent was obliged to pay to the Claimant
the total amount of EUR 550,000 for the whole term of the contract.
9.
In this respect, the DRC took into consideration that according to the Claimant, the
Respondent only paid him the total amount of EUR 431,719.63 during the entire term of
the contract and that, therefore, the amount of EUR 118,280.37 remained outstanding. In
spite of the Claimant’s reminder of 19 November 2012, no payment was made by the
Respondent.
10.
Taking into account the documentation presented by the Claimant in support of his
petition, the Chamber concluded that the Claimant had substantiated his claim
pertaining to outstanding remuneration with sufficient documentary evidence.
11.
On account of the aforementioned considerations, the Dispute Resolution Chamber
established that the Respondent failed to remit the Claimant his contractual
remuneration in the total amount of EUR 118,280.37.
12.
Consequently, the DRC decided that, in accordance with the general legal principle of
pacta sunt servanda, the Respondent is to be held liable to pay to the Claimant
outstanding remuneration in the total amount of EUR 118,280.37.
13.
In addition, the Chamber took note of the Claimant’s request for the application of
interests at a rate of 5% p.a. as from 21 May 2012, allegedly corresponding to the date
following the pay-date of the last instalment. In this respect, the DRC, bearing in mind
the pay-dates detailed in point I.3. above, deemed that an interest of 5% p.a. on the
amount of EUR 118,280.37 should apply as from 31 May 2012 until the date of effective
payment.
14.
Finally, the DRC concluded its deliberations in the present matter by establishing that the
Claimant’s claim is partially accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player P, is partially accepted.
2.
The Respondent, Club D, is ordered to pay to the Claimant outstanding remuneration in
the amount of EUR 118,280.37 plus 5% interest p.a. as from 31 May 2012 until the date
of effective payment, within 30 days as from the date of notification of this decision.
3.
Any further claims of the Claimant are rejected.
Player P, from country S / Club D, from country T
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4.
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.
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 Dispute
Resolution Chamber 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 Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl.
CAS directives
Player P, from country S / Club D, from country T
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