Labour Disputes
Texto da decisão
REF. FPSD-XXXXX
Decision of the
Dispute Resolution Chamber
passed on 11 December 2025
regarding an employment-related dispute concerning the player A
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Michele COLUCCI (Italy), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Club A, Country A
Represented by Legal Representative A
RESPONDENT:
Player A, Country B
Represented by Legal Representative B
pg. 2
REF. FPSD-XXXXX
I. Facts of the case
1.
On 1 January 2021, the club from Country A Club A (hereinafter: the Claimant or the Club)
and the player from Country B Player A (hereinafter: the Respondent or the Player) concluded
an employment contract (hereinafter: the Contract) valid as from its date of signature until
31 December 2023.
2.
On 24 January 2022, the Club and the Player concluded a second employment contract
(hereinafter: the Second Contract) valid as from 1 January 2022 until 31 December 2025.
3.
In accordance with article 3 of the Second Contract, the Club undertook to pay the Player
as follows:
“1. The Parties agree to calculate the salary on an annual basis. During the term of this Contract,
[the Club] shall pay [the Player] the annual salaries as follows (the Parties may agree on currency
unit):
1) The first calendar year
€3000000 (in words: three million Euros) from 1st/January/2022 until 31st/December/2022
before tax, which shall amount to €1650000 after tax for reference;
2) The second calendar year
€3000000 (in words: three million Euros) from 1st/January/2023 until 31st/December/2023
before tax, which shall amount to €1650000 after tax for reference;
3) The third calendar year
€3000000 (in words: three million Euros) from 1st/January/2024 until 31st/December/2024
before tax, which shall amount to €1650000 after tax for reference;
4) The fourth calendar year
€3000000 (in words: three million Euros) from 1st/January/2025 until 31st/December/2025
before tax, which shall amount to €1650000 after tax for reference;
5) The fifth calendar year
€3000000 (in words: three million Euros) from 1st/January/2026 until 31st/December/2026
before tax, which shall amount to €1650000 after tax for reference; If the salary of [the Player]
in this year does not meet the salary limit requirements of Country A Federation (CAF), it shall
be adjusted in accordance with the salary limit requirements of CAF.
2. The annual salaries shall be paid to [the Player] in equal monthly installments [sic]. [the Club]
shall pay the salary (choose one of the following two options) for the ✔ last month/current
month on the 15 (fifteenth) days of every month. In the event the above-mentioned payment due
date falls on a statutory holiday, the payment due date shall be extended to the first working
day following the holiday.
pg. 3
REF. FPSD-XXXXX
Unless otherwise agreed by the Parties, the method of calculating the average daily salary is as
follows: the amount of monthly salary divided by the number of calendar days in the month.
3. During the contract period, [the Club] shall pay 1.5 million euros pre-tax wages to [the Player]’s
Country A account in advance on February 15 every year. The remaining 1.5 million euros pretax wages shall be paid on an average for total 11 months.
[…]
6. Before-tax amounts under this Contract refer to amounts including all taxes and fees that [the
Player] shall pay arising from the income obtained from [the Club]. Before [the Club] pays [the
Player] each installment [sic] of the amounts agreed under this Contract, [the Club] shall be
responsible for the withholding and payment of income tax due from [the Player] in Country A
from the before-tax amount payable to [the Player] in accordance with the relevant laws and
regulations of the Country A (hereinafter referred to as ‘Country A). Any taxes, expenses, levies,
etc. that might be originated in any country or region outside of Country A shall be exclusively
declared, paid and borne by [the Player].
7. The Parties understand and agrees that the after-tax amounts under this Contract refer to
amounts after deducting the taxes to be paid in Country A and such amounts are stipulated just
for reference. The after-tax amount that [the Player] actually receives shall be the amount net of
taxes to be paid in Country A.”
4.
In addition, article 5 of the Second Contract read as follows:
“1. [The Player] must fulfill [sic] the following obligations:
1.1 comply with the laws and regulations of Country A, and shall not engage in any activity which
violates the laws and regulations of Country A or may damage the national security of Country
A;
[…]
1.3 comply with the statutes, rules, regulations and decisions of Federation International
Football Association (‘FIFA’), Continent A Confederation (‘CAC‘), CAF;
1.4 comply with all the rules and internal regulations of [the Club], including the versions
updated by [the Club] from time to time;
[…]
1.6 comply with professional ethics, carry forward sports spirit and respect the principle of fair
play. Maintain good sportsmanship during the trainings and competitions, respect the
pg. 4
REF. FPSD-XXXXX
teammates, opponents, referees, spectators as well as all the other working staffs. Furthermore,
[the Player] shall comply with the obey to all referees’ decisions and penalties unconditionally;
1.7 maintain the best competitive condition and arrive on time to participate in any and all
competitions, trainings as well as any other activity arranged by [the Club]. If [the Player] fails to
arrive at the designated place within the time given by [the Club], the delay of more than ten
natural days shall be deemed as [the Player] unilaterally terminates the Contract without
justified reasons and shall be liable for breach of contract, unless otherwise required or
authorized by [the Club] or the health conditions prevent [the Player] from doing so subject to
verification by [the Club]'s medical staff;
[…]
1.16 shall not attempt to manipulate the result of any competition in any form. [The Player] shall
not participate in any form of match fixing, football betting, passive gaming or any other activity
that would constitute a breach of professional ethics, or that could damage the reputation of
FIFA. CAC, CAF, or [the Club]; […]”
5.
Further, article 6 of the Second Contract stipulated the following:
“1. [The Player] acknowledges and agrees that [the Club] is entitled to impose disciplinary
sanctions on [the Player] if [the Player] breaches any of the obligations set in this Contract, such
disciplinary sanctions include but are not limited to warning, fine, reduction in salary and
termination of this Contract, and [the Club] has the right to impose two or more types of
disciplinary sanctions on [the Player] simultaneously depending on the severity of [the Player]'s
default. In the event [the Club] imposes a fine on [the Player], the amount of fine shall be
deducted from the monthly salary payable to [the Player] due immediately following occurrence
of such default.
2. If [the Player] violates Article 5 of this contract, [the Club] has the right to deduct salary and
bonus of no less than one month's salary of the player according to the circumstances, and to
investigate other liabilities for breach of contract.
3. During the contracted period, if [the Player] is suspended on behalf of [the Club] by FIFA, CAC
or CAF (except for the automatic suspension caused by the referee showing red or yellow cards),
[the Club] shall impose additional punishment on [the Player] according to the standard of at
least € 100,000, € 500,000 and € 30,000 for each match suspended. […]”
6.
Moreover, article 9 of the Second Contract stipulated the following:
“[…] 3. If [the Player] is unable to perform this Contract in person for more than [30] days due
to health (non-work related causes) or other personal reasons; or [the Player] loses the ability to
work due to health (non-work related causes) or other personal reasons according to
assessment by competent institutions approved by the Parties, [the Club] has the right to
pg. 5
REF. FPSD-XXXXX
unilaterally terminate this Contract by giving written notice to [the Player] without paying any
compensation or indemnification to [the Player].
[…]
5. [The Club] has the right to terminate this Contract by notifying [the Player] in writing and claim
against [the Player] for default liability if any of the following events occurs:
5.1 [The Player] commits material breach of this Contract;
5.2 [The Player] commits violation against code of ethics or sportsmanship which causes serious
damage to [the Club], or CAF’s interest and reputation;
5.3 [The Player] materially violates the regulations or match disciplines of [the Club];
5.4 [The Player] is prosecuted for criminal liabilities or claimed against for other liabilities which
affect the performance of this Contract, regardless of the time it takes to come to a resolution
or the magnitude of impact on [the Player]’s ability to perform this Contract;
5.5 [The Player] fails to qualify for the tournament or loses the tournament qualification due to
its own reasons. […]”
7.
Lastly, article 10 of the Second Contract read as follows:
“1. In case any of the Parties terminates this Contract without just cause, the breaching Party
shall bear the responsibility for breach of contract to the other Party.
2. If [the Club] elects to terminate the Contract, [the Player] shall pay [the Club] a penalty of 5
million Euro in case of any of the circumstances set forth in Article 9, paragraph 5.
3. During the contract period, [the Club] shall not unilaterally terminate the contract of [the
Player] without justifiable reasons. If [the Club] violates the contract, it shall be subject to the
FIFA regulations on player status and transfer. [The Club] shall pay the remaining salary of this
contract to [the Player]. If [the Player] unilaterally terminates this Contract without any justifiable
reason during the contract period, [the Player] shall pay liquidated damages of 20 million Euros
to [the Club].”
8.
On 12 May 2023, the Player was placed in custody by Country A authorities until 11 March
2024.
9.
On 30 June 2023, the Club unilaterally terminated its employment relationship with the
Player by means of the following correspondence:
“[…] The employment contract signed by Club A with you is from January 1, 2022 to December
31, 2025. (Hereinafter referred to as "Employment Contract")
pg. 6
REF. FPSD-XXXXX
On suspicion of illegal activities, you were taken away by the Public Security Bureau of City A,
Province A, at Airport A on May 12, 2023. As of June 27, 2023, you have not attended a team
training or match for 47 consecutive days and the club has not received any notification from
you. Your behavior [sic] has seriously violated the rules and regulations of the Club and the
relevant provisions of the Employment Contract. Your violations of laws or rules of
administrative discipline had caused serious negative impact and loss to the Club.
In view of the above, hereby officially informed that the Club will terminate the Employment
Contract signed by both parties from June 27, 2023, and deduct all salaries and bonuses that
have not yet been paid. At the same time, in accordance with the remuneration terms agreed in
the employment contract, please return to the Club account the amount of 2023 salaries
advanced by the Club amounting to €1,022,726 before July 31, 2023. The Club reserves the right
to take legal measures to resolve any overdue payment. […]”
10. On 8 March 2024, the Court of District A, City B issued the following criminal judgement
(hereinafter: the Criminal Judgement) against the Player:
“[…] Defendant Player A is convicted of the crime of bribery by non-state personnel and is
sentenced to ten months of fixed-term imprisonment and a fine of 100,000 Country A Currency
A. (The term of imprisonment shall be calculated from the date the judgment is enforced. Where
the defendant has been held in custody prior to the enforcement of the judgment, one day of
custody shall be credited as one day of imprisonment. That is, from May 12, 2023 to March 11,
2024. The fine has already been paid.)
If any party is dissatisfied with this judgment, an appeal may be filed with the Court or directly
with the City B Intermediate Court of Province A within ten days from the day following receipt
of this judgment. […]”
11. On 25 March 2024, the Player sent the following correspondence to the Club:
“[…] We would like to inform you that the player left territories of Country A just arrives in
Country B. We recognize that the player is well without any physical health problems but he
needs to receive mental treatment for a long-term imprisonment. For your information, we
confirm that he is cleared of a charge of match-fixing.
We are grateful for your concern about the player and politely ask a favor of the club to support
him to continue his career as football player. […]”
12. On 29 March 2024, the Club sent the following correspondence to the Player:
“Dear Sirs of LR B and Player A.
We have received your letter and thank you very much for your notice.
pg. 7
REF. FPSD-XXXXX
We are very glad to know the latest situation of Player A and happy that he is back in Country B
safely.
We have always been very concerned about Player A situation and would like to know the exact
reason why he was taken away by the Country A public security, as well as the result of the
treatment.
This information is crucial for us to address the pending matters as soon as possible and
continue to support his football career as a football player.
We look forward to hearing from you and would be very grateful if you could share with us the
appropriate official documents. […]”
13. On the same day, i.e., 29 March 2024, the Player answered the latest correspondence of
the Club as follows:
“Dear Sirs of Club A
We appreciate your concern about Player A.
Country A government has ordered not to disclose anything regarding suspicion and judgment.
Furthermore, the Country A government does not announce any official statement. We are not
able to know and share anything as well. At the moment, we are afraid of any disadvantage to
the player, the club, and people who are involved because of an action against the stance of the
Country A government.
We politely ask for your understanding and would like to express our gratitude for your sincere
support for the player returning to football. […]”
14. On 2 April 2024, the Player sent the following correspondence to the Club:
“Dear Sirs of Club A
Hope everything is going well with your club.
As you know, Player A is enthusiastic about football and workout. Since he has returned to
Country B, he has individual training hard, but it seems it's not enough at the moment. We
believe that it is good to register for the club B and to play with you amateur football for
regaining his mental stability as the opinion of his doctor. It is grateful for your understanding
that taking care of the player is the most important.
Please refer to it, and we hope to hear any update from your club. […]”
pg. 8
REF. FPSD-XXXXX
15. On the same day, i.e., 2 April 2024, the Club answered the latest correspondence from the
Player as follows:
“We appreciate your waiting and hope all is well.
We fully comprehend, respect, and endorse Player A’s future career planning, and sincerely hope
for the prompt resolution of any pending matters involving him.
As per the official notice issued by the Country A government, we all acknowledge that Player A
has contravened certain clauses of the employment contract signed with Club A. Consequently,
he is obligated to refund a portion of the advanced salary and incur the appropriate breach of
contract liabilities.
As you know, Club A is a state-owned enterprise. In order to safeguard the legitimate rights and
interests of the club, we are compelled to notify you of these pending matters. Kindly refer to the
attached document for further details.
We await your response. […]”
16. The attachment included in the Club’s correspondence dated 2 April 2024 read as follows:
“[…] Dear Player A,
We refer to the “Club A, Employment Contract” signed between you and our club Club A (“Club”)
on 24 January 2022 for the period from 1 January 2022 to 31 December 2025 (“Contract”) to
inform you about the following updates.
You were taken away by the City A of Province A on 12 May 2023 at the Airport A on suspicion
of illegal acts. As of 27 June 2023, you have failed to attend training or matches as required by
the Club for 47 consecutive days. During this period, the Club could not contact you, and did not
receive any written documents and explanations, your behavior [sic] has seriously violated the
Club's rules and regulations and the relevant provisions of the Contract. The Club rescinded the
contract by email to you on 27 June 2023. According to the Contract, we hereby communicate
with you about the relevant matters in the process of Contract performance as follows:
1. The Club has deducted your salary and bonus for the period from 1 April 2023 to 12 May
2023.
In view of your serious violation of the relevant provisions of Article 5 (1) of the contract and the
violation of Country A laws and regulations, the Club has deducted your unpaid salary and
bonus from April 1 to May 12 in accordance with Article 6 (1) and (2) of the contract.
2. You should return to the club an advance payment of €1,022,726 for the 2023 season.
pg. 9
REF. FPSD-XXXXX
In accordance with Article 3 (2) of the Contract, in conjunction with the above deduction, the
Club shall pay you in 2023 a total of €750,000 in pre-tax salaries for the period from 1 January
to 31 March. In accordance with Article 3 (3) of the Contract, the Club has paid you €1.5 million
of 2023 pre-tax salaries on February 15, 2023, and €272,726 pre-tax salaries on March 15 and
April 15. To sum up, the total amount of 2023 pre-tax salaries prepaid to you in 2023 is
€1,772,726, and the Club has over advanced your 2023 pre-tax salary by €1,022,726, which you
should refund to the club.
3.You should pay the penalty of € 5 million to the Club.
In view of the fact that your conduct violates the provisions 5.4 and 5.5 of Article 9 (5) of the
Contract, which constitutes a breach of contract, you shall pay the penalty of €5 million to the
Club in accordance with the provisions of Article 10 (2) of the Contract on liability for breach of
contract.
In light of the above, the Club regrets to inform you that you shall return to the Club the prepaid
2023 salary of 10,22,726 Euros and the penalty of 5 million Euros within 30 days after receipt of
this letter.
In order to avoid further expansion of your loss and affect your personal reputation, please
handle it carefully and properly. […]”
17. On 4 April 2024, the Club sent the following correspondence to the Player:
“Dear Sirs . [sic]
Hope you are all well.
Initially, I must apologize for the error in the salutation of our previous email.
On April 3, 2024, Club A received Player A transfer application from the Country B Federation.
As previously mentioned, numerous unresolved matters exist between the club and Player A，
and we hope to reach an agreement through friendly negotiation before the transfer deadline
expires.
Your prompt response is anticipated to expedite the resolution of these matters, thereby
avoiding delaying the transfer application and supporting Player A desire to continue playing
football in the future.
Looking foward [sic] to your reply. […]”
18. On 8 April 2024, the Player answered the latest correspondence from the Club as follows:
pg. 10
REF. FPSD-XXXXX
“Dear Sirs of Club A
We have reviewed previous emails and documents from the club, but the player is confused by
an inconsistent stance, especially the penatly [sic] of 5 million Euro unmentioned before. We
would like to suggest clarifying the stance and demand of the club.
Hope we can reach an agreement soon without conflict. Thanks for your listening.”
19. On the same day, i.e., 8 April 2024, the Club answered the latest correspondence from the
Player as follows:
“Dear Sirs of LR B, Player A.
Thank you for your feedback.
We believe that we have clearly stated the club's stance in the two emails on April 2 and April 4,
2024, and also explained Player A breach of contract and the liability for breach of contract as
agreed in the contract.
The Club has always hoped to resolve the pending matters between the Club and Player A
through friendly negotiations, and also fully respects and supports Player A desire to continue
playing as a football player and has completed the transfer process.
We hope to get a clear reply from Player A regarding the attachments in the email on April 2 and
reach an agreement without conflict as soon as possible.
Looking forward to your reply.”
20. On 9 April 2024, the Player sent the following correspondence to the Club:
“Dear Sirs of Club A
We inform that the e-mail and attached letter from your club are received well at 2nd of April.
We figured out the stance of the club.
The player already lose [sic] huge of time and loss for a long-term of arrest investigation. We
understand the action of club to receive compensation, however, the player has no way to
restore his financial damage under this situation. It is definite that the player is unfortunate as
well as the club.
We note that the player has not mentioned about the club to protect and not to cause another
problem during investigation. We are kindly ask [sic] you to consider this goodness of the player
and to understand that he faces financial difficulties.
pg. 11
REF. FPSD-XXXXX
The player cannot afford to recompense no more than 500,000 (Five hundres [sic] thousand)
euro gross. We believe we can reach an agreement and resolve the issue with your consideration.
We hope to continue good relationship with your club and support each other.”
21. On 16 April 2024, the Club answered the latest correspondence from the Player as follows:
“[…] Dear Sirs of LR B and Player A,
We have received your email, and thank you very much for your understanding of the club.
The Club was informed by the Court A last week that they would mail Player A judgment to the
Club, and the Club also received the Criminal Judgment involving Player A on April 15, 2024.
In view of the player's feedback in the email on April 9 and the content of the judgment, the Club
has also had many discussions, hoping to find an effective way to solve this problem as far as
possible.
First of all, We [sic] are very sorry to inform you that according to the content of the judgment,
the behavior [sic] of the player Player A has violated the laws of Country A and caused great
losses to the Club. The amount of compensation proposed by the player A is far lower than the
amount agreed in the employment contract and the actual loss suffered by the Club.
Secondly, as a state-owned enterprise, all the assets of the Club are state-owned assets, and the
Club has the responsibility of supervising state-owned assets. It is our basic principle to deal with
them according to laws and regulations and procedures.
The Club still hopes to reach an agreement through friendly negotiation, and provides the
following feedback:
1. As for Player A salary €1,022,726 which should be returned , he should return it in full. Of
course, in order to reduce the actual loss of Player A, after the return, the Club will actively help
him coordinate with the Country A tax department to handle the tax refund procedures for him.
2. In view of Player A liability for breach of contract, we hope that the player can show the
greatest sincerity and put forward the best mediation plan that can take into account the
interests of both parties.
The mediation principle of the Club on penalty is based on the facts identified in the criminal
judgment and the liquidated damages agreed in the employment contract. We hope that we can
reach a settlement agreement before April 30, otherwise the club will have to take legal
measures due to the requirements of the state-owned assets supervision. Thank you for your
understanding, and look forward to your reply. […]”
22. On 19 April 2024, the Player sent the following correspondence to the Club:
pg. 12
REF. FPSD-XXXXX
“Dear Sirs of Club A,
We received well the E-mail and attached letter from the club at 16th of April. We are writing this
to response [sic].
1. Regarding the verdict of Player A, Ministry of Foreign Affairs Country B could not receive it
despite request to the Country A authorities. It would be so helpful if the club may share it to the
player who is the person directly involved.
2. We sincerely regret to tell you that the player cannot afford to pay the amount in full. We
believe that we can finalize this issue soon if the club accept the compensation amount of
€500,000 (Five hundred thousand Euro). We politely ask you to review the suggestion generously.
The Player recognizes the damage of the club. However we should remind that he is victim who
loses a lot of thing [sic] as well. Still he supports Club A with great affection. He will not forget to
appreciate to club if you show generosity and thoughtfulness.”
23. On 24 April 2024, the Club sent the following correspondence to the Player:
“[…] Dear Sirs of LR B and Player A,
We have received your email, and we are writing this letter to response.
We are sorry that according to the relevant requirements, we cannot send the judgment
document to you. According to our understanding, Player A should also receive the
corresponding judgment documents.
As we metioned [sic] in the last letter, the amount of € 500,000 (Five hundred thousand Euros)
proposed by the player Player A is far lower than the amount agreed in the employment contract
and the actual loss suffered by the Club.
We understand Player A and appreciate his contribution to the club during his time at the club,
and we have been working hard to resolve these issues through friendly negotiations. But we
regret to inform you that the club is unable to reach an agreement with Player A on the basis of
this amount.
If we can't reach an agreement, we have to take legal measures to solve this matter. Looking
toward to your understanding and give the new solution. […]”
24. On 28 April 2024, the Player sent the following correspondence to the Club:
“Dear Sirs of Club A
pg. 13
REF. FPSD-XXXXX
We received the letter from the club dated on 24th of April. We understand the stance of the club
regarding the amount of return the advanced payment. As we mentioned last time, the player
also suffers from financial difficulties.
In case that club cannot accept €500,000, we would like to suggest to pay the amount of
€700,000 (Seven hundred thousand Euro) before tax at the beginning of next year 2025.
It would be grateful if you review our suggestion with generosity and warm heart. We wait for
your response. […]”
25. On 30 April 2024, the Club proposed to the Player a settlement agreement, accompanied
by the following correspondence:
“[…] Dear Sirs of LR B and Player A,
We have received your email dated on 28th April.
We also understand the situation of the player Player A and hope to reach the settlement
agreement on the pending matters as soon as possible.
In order to relieve the pressure of Player A, comprehensive consideration of his actual
situation, we propose to resolve these issues gradually.
1. Regarding the advance salaries.
According to the amount you proposed 700,000 euros C before tax ) , we have communicated
with the govenment [sic] tax department according to Player A actual pre-tax salary 1,022,726
euros refunded in 2023.
According to the calculation of the government [sic] tax department, Player A pre-tax salary
should be refunded is 1,022,726 euros, which corresponds to his after-tax salary 596,379.91
euros (Calculated [sic] according to the real-time exchange rate). Therefore, Player A needs to
pay 596,379.91 euros (Net) [sic] to the club. Both parties sign a relevant agreement on the return
of advance salaries, and the club will submit it to the tax bureau for personal income tax return,
and issue a tax payment certificate of 2023 for Player A.
The club has prepared the draft of the agreement for the advance salaries, please check the
attchment [sic]. Hope we can reach an agreement on this matter soon.
2. Regarding the liability for breach of contract.
The club hopes to get your suggestions, so that the club can make decisions and discuss, and
reach an agreement as soon as possible.
pg. 14
REF. FPSD-XXXXX
Thank you for your understanding, and waiting for your response. […]”
26. On 5 May 2024, the Player answered the latest correspondence from the Club as follows:
“Dear Sirs of Club A
We received the letter from the club dated on 30th of April.
1. As we explained last time, the player Player A cannot afford to pay the amount set by club for
his financial problem. On view of after-tax, approximately €350,000 (Three [sic] hundred Fifty
thousand Euro) Netis payable amount by player at the beginning of Next year 2025.
2. The player was released without the charge of match-fixing. Therefore, it is difficult to
understand about breach of contract.
We wait for generous decision with consideration to his situation.“
27. On 14 May 2024, the Club and the Player held a video conference.
28. On 15 May 2024, the Player sent the following correspondence to the Club:
“We are writing Player A opinion by combining the video conference with Club B on May 14th
and the conversation with Mr. A of the club on May 15th.
We had considered the only financial issue with Club A being gross 1 million euros paid in
advance. However, the club suggested negotiation, saying that the player would have to pay a
penalty of 5 million euros after receiving the sentence from the Country A court. We respect your
situation and opinions.
Player A suffered many illegal investigations and disadvantages during the investigation process
from the moment of his arrest to his release. The Country A government also recognized this
and negotiated with the player before his release. We can not [sic] mention the details of the
negotiations, but the Country A government's conditions were kept silent after his release. That
is the reason that although it was unfair to the player, he declined every interview request from
numerous media and presses after his release.
However, through a video meeting with Club A, now we learned that the Country A government
does not keep the agreement. He is going to prepare a lawsuit for the Country A government's
illegal investigation.
Likewise, Club A also has a stance, Player A needs to use all methods to protect himself, and in
the process, he is no longer able to protect his former club. It is inevitable exposure to the press
and media during the litigation process. We would be sorry if Club A were to suffer any
disadvantage during this lawsuit. […]”
pg. 15
REF. FPSD-XXXXX
29. On 21 May 2024, the Club sent the following correspondence to the Player:
“Dear Sirs,
Your letter has been received. I am so sorry for the late reply.
First of all, the club would like to thank Player A for his understanding and thank you for telling
us the player's thoughts so carefully.
We can understand the player's position and respect Player A choice.
However, we recommend that the issues between the club and the player be resolved as soon
as possible.
As we have mentioned, we suggest that we settle the issue of salary advance first, and other
liabilities for breach of contract shall be solved through friendly negotiation. […]”
30. On 23 May 2024, the Player answered the latest correspondence from the Club as follows:
“Dear Club A,
We are sending our response after some discussion. We are also looking forward to reach an
amicable agreement and resolve it soon. However, Player A can afford to pay onlylimited [sic]
amount €300,000 (Three hundred thousand Euro) aftertax [sic] of Country A at the moment.
Furthermore, we have not expected about breach of contract.
We kindly request to review our possible suggestion as mentioned. […]”
31. On 29 May 2024, the Club sent the following correspondence to the Player:
“Dear Sirs,
Thank you very much for your reply. After many discussions, our reply is as follows: First of all,
it needs to be explained again that Club A, as a state-owned enterprise, has to get a full refund
of the advance salary. We have always hoped to solve these problems through friendly
negotiation.
The club fully understands the situation of Player A and understands his difficulties. After many
discussions and active efforts, in order to solve the issue of the refund of the prepaid salary as
soon as possible, the club can accept the minimum amount of 500,000 euros after tax.
Considering the financial difficulties of Player A, he can pay in two installments [sic]. […]”
32. On 8 June 2024, the Player answered the latest correspondence from the Club as follows:
pg. 16
REF. FPSD-XXXXX
“Dear Club A,
We have checked your last email. We are sending a reply to this.
We appreciate your understanding of the player's difficulty. In particular, we were able to know
the generosity of the club regarding the proposed installment [sic] payment of 500,000 euros
after tax. However, as we mentioned, 300,000 euros is the maximum amount he can pay at the
moment. We believe that it will be possible to resolve soon if only this and the breach of contract
penalty are withdrawn.
Please review our situation carefully. […]”
33. On 10 July 2024, the Club sent the following correspondence to the Player:
“Dear Sirs,
Thank you very much for your feedback. I'm sorry for the late reply.
First of all, we congratulate Player A on joining Club C and wish him a better future.
Based on many previous communications, the club also fully understands Player A's difficulties
and situation, and also thanks Player A’s contribution to the club. The Club remains committed
to resolving these matters through friendly negotiations, and supports Player A’s football career.
After receiving your email, the club has had many discussions. In order to ensure the rights and
interests of both parties, it is suggested that Player A returns the total after-tax salary of
596,378.91 euros paid in advance by the club, and the club will not pursue the liability for breach
of contract.
We hope to reach a settlement on all issues as soon as possible and look forward to hearing
from you. […]”
34. On 24 July 2024, the Club sent the following additional correspondence to the Player:
“Dear Sirs,
Hope this email finds you well. The club sent you an email on July 10, and we await a response
from your esteemed side.
Since this matter has lasted for four months, we have consistently sought to resolve these issues
through friendly negotiations.
pg. 17
REF. FPSD-XXXXX
As a state-owned company, the content of our reply on July 10 reflects the utmost sincerity and
effort of the club has put forth.
We hope this matter can be satisfactorily resolved as soon as possible, and avoid to take the
legal measures. So we hope to receive your response by July 28 at the latest.
We look forward to your understanding and positive response […]”
35. On 2 August 2024, the Player answered the latest correspondence from the Club as follows:
“Dear Club A,
We are replying to your last correspondence now. The player A joined the new team and is taking
a period of time to recover his daily life.
First of all, thank you for congratulating player on his new start. He feels sorry that he couldn't
play longer with Club A. Also, we would like to appreciate for your kindness regarding the penalty
about breach of contract.
Currently, he is playing in Country B on a rather lower salary. The debt he has accumulated since
last year is also significant, and there is a cost to recover his life. We also had discussions with
his lawyers and tax accountants, and received the same response from both sides that the
available payment line is €300,000 after tax.
If the club accepts this, we will process it to pay 300,000 euros from next year. Once again, we
ask for your kind regards, and look forward to your generosity as prestigious club. […]”
36. On 5 August 2024, the Club sent the following correspondence to the Player:
“Dear Sirs,
We have received your letter, and reply as follows.
First of all, we regret that the amount of €300,000 after tax that you have given us is
unacceptable to the club.
As we have mentioned before, the club is a state-owned enterprise and we have strict
requirements for every decision we make. According to the requirements, the amount of
596,378.91 euros after tax paid in advance to Player A is the amount we must recover in full.
Otherwise our club will face the responsibility of the higher authorities.
Combining the video conference with Player A on May 14th, what he mentioned if the club does
not pursue his responsibility for breach of contract, he will try all best to repay the salary paid
in advance by the club. The club is also in line with the idea of friendly negotiations, as far as
pg. 18
REF. FPSD-XXXXX
possible to negotiate to solve these problems, and also thank Player A has made contributions
to the club. Therefore, in the previous email, our feedback only needs Player A to return the
prepaid salary after tax 596,378.91 euros, and we can reach a settlement and no longer pursue
the liability for breach of contract.
But the amount you are insisting on is clearly not enough to return the amount advanced by the
club. In his issues, the club is also the biggest victim.
Although the club has done a lot of work and feedback on the most feasible proposed options.
But obviously we didn't reach an agreement.
The matter has dragged on for too long, and our negotiations seem to have reached an impasse.
If Player A couldn’t agree to return the after tax 596,378.91 euros of advance salaries mentioned
by the Club, the Club can only protect the legitimate rights and interests of the club through
legal means, including pursuing Player A liability for breach of contract.
Look forward to your understanding. […]”
37. On 9 August 2024, the Player answered the latest correspondence from the Club as follows:
“Dear Club A,
After checking the last letter, we also consulted with our tax accountant. The player is not
receiving tax benefits for this case of payment. Accordingly, we ask polity if it can proceed with
three installments [sic] of 400,000 euros after tax. Please consider that he cannot afford to pay
immediately.
We also want to conclude this issue as soon as possible. Thank you for the cooperation of the
club, and please reply after a positive review. […]”
38. On 19 August 2024, the Club sent the following correspondence to the Player:
“Dear Sirs,
The Club has received your email dated August 9, 2024.Thank you very much for Player A and
your understanding of the club, and thank you for increasing the original amount.
But as we mentioned in our email dated August 2,2024, the club needs to recover all the salary
amounts. So if Player A agrees to return the after tax 596,378.91 euros of advance salaries
mentioned by the Club, We'll [sic] be able to reach the settlement.
Thank you for the cooperation. […]”
39. On 24 August 2024, the Player answered the latest correspondence from the Club as
follows:
pg. 19
REF. FPSD-XXXXX
“Dear Club A,
This is a reply to the email I received on August 19th.
We understand the club's situation. We also appreciate the policy of not seeking compensation
or liability for breach of contract.
For the next step, we would like to request the calculation process and basis for the after tax
596,378.91euros set by the club. Also, the wage for 12 days of May 2023 and some bonuses that
the player has not been received should be considered.
We look forward to hearing reply from the club. […]”
40. On 3 September 2024, the Club sent the following correspondence to the Player:
“Dear Sirs.
Thank you very much for your understanding.
1. In the email we sent to you on April 2nd, we have explained that the Club has overadvanced
[sic] Player A 2023 pre-tax salary by €1,022,726, which he should refund to the club.
1) The Club has deducted Player A salary and bonus for the period from 1 April 2023 to 12 May
2023.
In view of Player A serious violation of the relevant provisions of Article 5 (1) of the contract and
the violation of Country A laws and regulations, the Club has deducted his unpaid salary and
bonus from April 1 to May 12 in accordance with Article 6 (1) and (2) of the contract.
2) Player A should return to the club an advance payment of pre-tax €1,022,726 for the 2023
season.
In accordance with Article 3 (2) of the Contract, in conjunction with the above deduction, the
Club shall pay Mr. Player A in 2023 a total of €750,000 in pre-tax salaries for the period from 1
January to 31 March.
In accordance with Article 3 (3) of the Contract, the Club has paid him €1.5 million of 2023 pretax salaries on February 15, 2023, and €272,726 pre-tax salaries on March 15 and April 15. To
sum up, the total amount of 2023 pre-tax salaries prepaid to you in 2023 is €1,772,726, and the
Club has overadvanced [sic] your 2023 pre-tax salary by €1,022,726, which you should refund
to the club.
pg. 20
REF. FPSD-XXXXX
2.In view of the amount of pre-tax salary €1,022,726 you should refund and the individual
income tax you have paid in 2023, according to the Country A tax law and the real-time exchange
rate at the time of calculation, the amount to be returned after excluding the individual income
tax you should pay in 2023 is after tax €596,378.91. Please refer to the attachment for specific
calculation details. […]”
41. On 10 September 2024, the Country A Football Association (hereinafter: the CAF) issued the
following disciplinary decision against the Player:
“[…] Disciplinary Decision against Player A
To all member associations & football clubs,
According to the facts found by relevant judicial authorities, Player A, former player of Club A
participated in illegal transactions, match manipulations, and obtained illegal gains to seek
unlawful benefits. His actions seriously violated sports ethics and sportsmanship, causing
significant negative social impact.
The Disciplinary Committee of CAF hereby issue the following disciplinary decision against Player
A in accordance with Articles 2, 5, 73, 74 & 111 of CAF Disciplinary Code and relevant CAF
Regulations: Player A is banned from participating in football-related activities for life.
We urge all football practitioners to safeguard the principles of Fair Play and work together for
the healthy development of Country A Football. […]”
42. On the same day, i.e., 10 September 2024, the CAF requested FIFA to extend the ban on the
Player worldwide.
43. On 1 October 2024, the Player answered the latest correspondence from the Club as
follows:
“Dear Club A,
This is a reply to the email on the 3rd of September.
As we know, a lot of things happened to Player A during last month. The player is having
difficulties due to the sudden announcement of disciplinary action in the CAF and the
cancellation of the player's contract with his club. Therefore, we need to re-establish the player's
future plans and are considering various options. Please understand his current situation as
well, and we kindly ask you to take a moment to proceed with the payment. […]”
44. On 24 October and 1 November 2024, the Player objected to the extension of his worldwide
ban by FIFA.
pg. 21
REF. FPSD-XXXXX
45. On 15 January 2025, FIFA rejected CAF’s request to extend the ban of the Player worldwide,
as it failed to meet the formal requirements under art. 70 of the FIFA Disciplinary Code.
II. Proceedings before FIFA
46. On 22 June 2025, the Club filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Club
47. In its claim, the Club argued that it terminated the Second Contract with just cause on 27
June 2023. In this respect, the Club argued that the Player failed to attend training or
matches for 47 consecutive days without any explanation, which rendered it impossible to
pursue the employment relationship. In addition, the Club referred to the Criminal
Judgement, according to which the Player committed a criminal offence, namely the crime
of bribery, and was sentenced to ten months of fixed-term imprisonment, i.e., from 12 May
2023 to 11 March 2024, and a fine of RMB 100,000.
48. In addition, the Club stated that due to the Player’s breach of the Second Contract, it
deducted his remuneration from 1 April 2023 to 12 May 2023, in accordance with articles
5.1, 6.1 and 6.2 of the Second Contract.
49. Considering the foregoing, it is the position of the Club that it is entitled to receive payment
from the Player of all his prepaid salaries in the amount of EUR 1,022,726 net, as well as
compensation of EUR 5,000,000 net for the breach of the employment relationship, in
accordance with articles 9.5 and 10.2 of the Second Contract.
50. The Club’s requests for relief were the following:
“EUR 1,022,726 (one million twenty-two thousand seven hundred and twenty-six Euros) net as
reimbursement of prepaid salaries, plus interest at the rate of 5% per year as from 27 June 2023
until the date of effective payment.
EUR 5,000,000 (five million Euros) net as compensation for the breach of contract, plus interest
at the rate of 5% per year as from 27 June 2023 until the date of effective payment.”
b. Reply of the Player
51. In its reply, the Player argued that when the Club terminated the Second Contract on 30
June 2023, he was still only under investigation while being held in a Country A prison but
had not been convicted of any crime or formally prosecuted. In this respect, the Player
stated that he was formally prosecuted by the Country A authorities on 5 February 2024.
pg. 22
REF. FPSD-XXXXX
52. Considering the foregoing, it is the position of the Player that the Club terminated the
Second Contract without just cause on 30 June 2023. In particular, the Player argued that it
was effectively impossible for him to train prior to the termination of the Second Contract
as he was held in custody, and that, in any event, the Club failed to implement any
disciplinary process.
53. In addition, the Player denied having been involved in any wrongdoing, and argued that
the Criminal Judgement was the result of a coerced confession, followed by a negotiated
deal with the judge, the prosecutor and the defence attorney, which allowed him to
immediately leave prison and go back home to his family in the Country B instead of being
detained in a Country B prison for an unknown period of time. In this respect, the Player
stated that he has been the victim of an improper process in which his fundamental rights,
in particular his right to a fair process, were not respected.
54. Regarding the Club’s request for reimbursement of his prepaid salaries, the Player argued
that it was time-barred given that the last payment was made on 17 April 2023, namely
more than two years before the Club lodged his claim before FIFA on 22 June 2025. In any
event, the Player argued that there were no prepaid salaries under the Second Contract
and that there was no contractual basis for the reimbursement of any amounts to the Club.
55. With respect to the Club’s request for compensation for the breach of the Second Contract,
the Player argued that article 10.2 of the Second Contract should be declared null and void
as it was non-reciprocal, disproportionate, and contrary to the jurisprudence of FIFA.
56. The Player’s requests for relief were the following:
“1. The Club’s request for the reimbursement of the “prepaid salaries” is inadmissible, in the
alternative rejected in full;
2.The Club’s request for compensation for breach of contract is rejected in full;
3.The Club has to pay the Player a contribution to his legal costs.”
c. Replica of the Club
57. In its replica, the Club reiterated that it had just cause to terminate the Second Contract on
30 June 2023 as the Criminal Judgement established that the Player engaged in matchfixing and received a bribe. In this respect, the Club argued that the Player failed to appeal
the Criminal Judgement, thus it had become final and binding. Further, the Club pointed
out that the Player did not provide any evidence to support his assertion that he was
coerced during the criminal proceeding nor that his fundamental rights were not respected
by the Country A authorities.
pg. 23
REF. FPSD-XXXXX
58. Regarding its request for reimbursement of the Player’s prepaid salaries, the Club argued
that it was not time-barred as the two-year limitation period must be calculated from the
date of termination of the Second Contract. In any event, the Club stated that its exchange
of correspondence with the Player did interrupt the limitation period as the Player did in
fact acknowledge his debt. In addition, the Club pointed out that, in accordance with article
3.3 of the Second Contract, it had the obligation to remit the Player prepaid salaries.
59. Lastly, the Club argued that article 10.2 of the Second Contract was applicable to the
present matter as the employment relationship with the Player was terminated with just
cause pursuant to article 9.5 of the Second Contract. In fact, the Club stated that the
principle of contractual autonomy must be respected and that compensation of EUR
5,000,000 is appropriate and proportionate given the circumstances of the present matter.
In this regard, the Club made the following observations:
•
The remaining value of the Second Contract amounted to EUR 7,500,000;
•
The transfer fee to acquire the services of the Player amounted to USD 5,500,000;
and
•
The Player breached the Second Contract during the protected period.
60. In view of the above considerations, the Club reiterated its initial requests for relief.
d. Duplica of the Player
61. In its duplica, the Player underlined that he consistently stated that he was coerced into
signing a confession as part of the criminal proceedings in Country A, even before the Club
lodged the present matter before FIFA.
62. In addition, the Player argued that he never acknowledged that he would pay a specific
amount to the Club and that, in any event, the exchange of correspondence to which the
Club referred in its replica were with his agent, who did not legally represent him in a
binding manner. Further, the Player argued that the Club did not prove the actual tax
payments regarding the prepaid salaries and that he should not be held accountable in this
regard.
63. Lastly, the Player reiterated his fundamental position that the Club did not terminate the
Second Contract in accordance with the principle ultima ratio. In particular, the Player
emphasized that he was not yet convicted when the Club terminated the employment
relationship, thus the breach of the Second Contract was not severe, and that the Club did
not terminate the employment relationship without delay, as it waited more than 45 days.
In any event, the Player observed that the Club failed to prove the actual damage suffered
from the breach of the Second Contract in accordance with the positive interest principle,
thus it is not entitled to any compensation.
pg. 24
REF. FPSD-XXXXX
64. In view of the above considerations, the Player reiterated his initial requests for relief.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
65. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 22 June 2025 and submitted for decision on
11 December 2025. Taking into account the wording of arts. 31 and 34 of the January 2025
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
66. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), it is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a club from Country A and a
player from Country B.
67. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
b. Burden of proof
68. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
69. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
pg. 25
REF. FPSD-XXXXX
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
70. The Chamber then moved to the substance of the matter and took note of the fact that the
Club and the Player strongly dispute the circumstances and the justice of the early
termination of the Second Contract on 30 June 2023.
71. On one hand, the Chamber noted that, according to the Club, it terminated the Second
Contract with just cause due the criminal offence committed by the Player, namely the
crime of bribery, and his sentence of ten months of fixed-term imprisonment, i.e., from 12
May 2023 to 11 March 2024, which rendered it impossible to pursue the employment
relationship.
72. On the other hand, the Chamber noted that, according to the Player, the Club terminated
the Second Contract without just cause, given that at that time he was still under
investigation while being held in a Country A prison but had not been convicted of any
crime or formally prosecuted.
73. In this context, the Chamber first acknowledged that its task was to assess whether the
Club had just cause to unilaterally terminate the Second Contract on 30 June 2023 and, if
so, to determine the consequences thereof.
74. The Chamber then recalled its long-standing jurisprudence, according to which only a
breach or misconduct which is of a certain severity justifies the termination of a contract
without prior warning. In other words, only when there are objective criteria which do not
reasonably permit to expect the continuation of the employment relationship between the
parties, a contract may be terminated prematurely. Hence, if there are more lenient
measures which can be taken in order for an employer to assure the employee’s fulfilment
of his contractual duties, such measures must be taken before terminating an employment
contract. A premature termination of an employment contract can only be an ultima ratio
measure.
75. In addition, the Chamber recalled that, according to the Regulations, in general, just cause
to terminate an employment contract shall exist in any circumstance in which a party can
no longer reasonably and in good faith be expected to continue a contractual relationship
(cf., Art. 14 of the Regulations). The foregoing is in line with the well-established
jurisprudence of the Football Tribunal and the Court of Arbitration for Sport (CAS).
76. In continuation, the Chamber deemed important to recall that contractual stability is the
backbone of the entire football season, and employers and employees in the football world
are prevented from simply withdrawing from a previous employment relationship without
a valid reason. In this regard, the early termination of an employment contract without just
cause has consequences – both financial and sporting. The rules allow for the parties to
pg. 26
REF. FPSD-XXXXX
modulate the effects of such a premature termination, but the jurisprudence also sets
certain boundaries to limit the contractual freedom in favour of the legal certainty and the
legitimate expectation of the contractual stability.
77. With the above principles in mind, and based on the evidence on file, the Chamber
established the following facts:
•
Article 5 of the Second Contract read as follows:
“1. [the Player] must fulfill [sic] the following obligations:
[…]
1.6 comply with professional ethics, carry forward sports spirit and respect the principle
of fair play. Maintain good sportsmanship during the trainings and competitions, respect
the teammates, opponents, referees, spectators as well as all the other working staffs.
Furthermore, [the Player] shall comply with the obey to all referees’ decisions and
penalties unconditionally;
1.7 maintain the best competitive condition and arrive on time to participate in any and
all competitions, trainings as well as any other activity arranged by [the Club]. If [the
Player] fails to arrive at the designated place within the time given by [the Club], the delay
of more than ten natural days shall be deemed as [the Player] unilaterally terminates
the Contract without justified reasons and shall be liable for breach of contract, unless
otherwise required or authorized by [the Club] or the health conditions prevent [the
Player] from doing so subject to verification by [the Club]'s medical staff;
[…]
•
1.16 shall not attempt to manipulate the result of any competition in any form. [The
Player] shall not participate in any form of match fixing, football betting, passive gaming
or any other activity that would constitute a breach of professional ethics, or that could
damage the reputation of FIFA. Confederation A, CAF or [the Club]; […]”
Article 9 of the Second Contract stipulated the following:
“[…] 3. If [the Player] is unable to perform this Contract in person for more than [30] days
due to health (non-work related causes) or other personal reasons; or [the Player] loses
the ability to work due to health (non-work related causes) or other personal reasons
according to assessment by competent institutions approved by the Parties, [the Club]
has the right to unilaterally terminate this Contract by giving written notice to [the Player]
without paying any compensation or indemnification to [the Player].
[…]
pg. 27
REF. FPSD-XXXXX
5. [The Club] has the right to terminate this Contract by notifying [the Player] in writing
and claim against [the Player] for default liability if any of the following events occurs:
5.1 [The Player] commits material breach of this Contract;
5.2 [The Player] commits violation against code of ethics or sportsmanship which causes
serious damage to [the Club], or CAF’s interest and reputation;
5.3 [The Player] materially violates the regulations or match disciplines of [the Club];
5.4 [The Player] is prosecuted for criminal liabilities or claimed against for other liabilities
which affect the performance of this Contract, regardless of the time it takes to come to
a resolution or the magnitude of impact on [the Player]’s ability to perform this Contract;
[…]”
•
On 12 May 2023, the Player was placed in custody by Country A authorities until 11
March 2024.
•
On 30 June 2023, the Club unilaterally terminated the Second Contract, by means
of the following correspondence:
“[…] On suspicion of illegal activities, you were taken away by the Public Security Bureau
of City A, Province A, at Airport A on May 12, 2023. As of June 27, 2023, you have not
attended a team training or match for 47 consecutive days and the club has not received
any notification from you. Your behavior [sic] has seriously violated the rules and
regulations of the Club and the relevant provisions of the Employment Contract. Your
violations of laws or rules of administrative discipline had caused serious negative
impact and loss to the Club.
In view of the above, hereby officially informed that the Club will terminate the
Employment Contract signed by both parties from June 27, 2023, and deduct all salaries
and bonuses that have not yet been paid. At the same time, in accordance with the
remuneration terms agreed in the employment contract, please return to the Club
account the amount of 2023 salaries advanced by the Club amounting to €1,022,726
before July 31, 2023. The Club reserves the right to take legal measures to resolve any
overdue payment. […]”
•
On 8 March 2024, the Court A of District B, City B issued the Criminal Judgement
against the Player, which stipulated the following:
“[…] Defendant Player A is convicted of the crime of bribery by non-state personnel and
is sentenced to ten months of fixed-term imprisonment and a fine of 100,000 Currency
A. (The term of imprisonment shall be calculated from the date the judgment is enforced.
Where the defendant has been held in custody prior to the enforcement of the judgment,
pg. 28
REF. FPSD-XXXXX
one day of custody shall be credited as one day of imprisonment. That is, from May 12,
2023 to March 11, 2024. The fine has already been paid.)
If any party is dissatisfied with this judgment, an appeal may be filed with the Court or
directly with the City B Intermediate Court A of Province B within ten days from the day
following receipt of this judgment. […]”
78. In view of the above facts, the Chamber emphasized, as a preliminary remark, that the Club
terminated the Second Contract prior to the Player’s prosecution by the Country A
authorities and the issuance of the Criminal Judgement against the Player. Accordingly, the
Chamber recalled that the validity of a termination must be assessed based on the
circumstances existing at the time of termination, not on subsequent developments.
79. In this context, the majority of the Chamber considered that the Club could not invoke the
Player’s prosecution by the Country A authorities in line with article 9.5.4 of the Second
Contract, nor the Criminal Judgement as a lawful basis for the termination of the Second
Contract, given that such events occurred after the termination of the employment
relationship. In other words, the majority of the Chamber considered that a retroactive
reliance on the Player’s prosecution by the Country A authorities or the Criminal Judgement
as a valid justification for its prior decision to terminate the Second Contract was
incompatible with the fundamental principles of legal certainty and contractual stability.
80. Within this framework, the majority of the Chamber held that the Club’s decision to
terminate the Second Contract had to be independent and distinct from the criminal
proceeding conducted by the Country A authorities, notwithstanding any substantive
connection between the two. In fact, the majority of the Chamber considered that it was
up to the Club to independently assess and determine, as part of a disciplinary process,
whether the Second Contract had been breached under the Regulations based on the facts
and evidence available at the time. In this respect, the majority of the Chamber underlined
that criminal proceedings pursue different aims and standards from the Regulations and
therefore could not determine, even less so retroactively, just cause to terminate an
employment contract.
81. In the present matter, the Chamber pointed out that it remained undisputed between the
parties that the Player was absent from the Club’s training sessions and matches from 12
May 2023 until the termination of the Second Contract on 30 June 2023.
82. Accordingly, the Chamber acknowledged that a prolonged absence of 50 consecutive days
could, in principle, be deemed as a substantial breach of the Second Contract, capable of
triggering the consequences of an unlawful termination.
83. Notwithstanding the foregoing, the Chamber highlighted that, according to the wording of
the Club’s notice to the Player on 30 June 2023, by which the Second Contract was
pg. 29
REF. FPSD-XXXXX
terminated, the Club was aware that the Player was being held in custody by the Country
A authorities since 12 May 2023.
84. In this context, the majority of the Chamber considered that a strict reliance on articles
5.1.7 and 9.3 of the Second Contract was precluded by the fact that it could not have been
reasonably expected from the Player to attend training or matches while being held in
custody, nor to contact the Club to inform it of his absence, as custody situations typically
limit access to communication channels. In other words, the Player’s detention by the
Country A authorities made the performance of his obligations under the Second Contract
objectively impossible.
85. Given the specific circumstances of the present matter, the Chamber stated that the Club
was under a heightened obligation to act fairly and could not presume wilful absence from
the Player without conducting a proper investigation and providing him with the
opportunity to be heard. In this regard, while the majority of the Chamber recognized that
criminal detention may constitute relevant evidence in a disciplinary process, it could not
be used to exempt the fundamental duty of the Club to notify the Player of the initiation of
a due disciplinary process.
86. In any event, the Chamber recalled the content of art. 13 par. 5 of the Procedural Rules,
according to which a party claiming a right on the basis of an alleged fact shall carry the
respected burden of proof. With this in mind, the Chamber deemed that it was up to the
Club to prove that the employment relationship, on the basis of which it claimed
compensation for the breach of the Second Contract, had indeed been terminated with
just cause.
87. In casu, after a thorough examination of the evidence on file, the majority of the Chamber
concluded that the Club failed to initiate and conduct any disciplinary process against the
Player, which significantly undermined the validity of any subsequent disciplinary sanction
imposed.
88. In fact, the Chamber observed that the Club did not provide any evidence to establish that
it tried to contact the Player to ask him to join the team or to address its concern regarding
his prolonged absence. In the majority of the Chamber’s view, this omission from the Club
was particularly significant given that the Player’s absence from training and was the only
ground that could have formed the basis of the Club’s decision to terminate the Second
Contract, as the Player had not yet been prosecuted and the Criminal Judgement has not
been issued at the time.
89. In continuation, the majority of the Chamber found that the sole fact of the Player’s
detention by the Country A authorities did not automatically lead to the conclusion that the
Second Contract could no longer be executed. In this regard, the majority of the Chamber
established that it was also the Club’s responsibility to contact the Player, in order to
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REF. FPSD-XXXXX
discuss whether a solution could be found to the situation, given the fact that it was the
Club who considered it impossible to pursue the employment relationship.
90. While the majority of the Chamber did not disregard the seriousness of the allegations
against the Player in May and June 2023, it pointed out that those allegations were not
supported by sufficient evidence at the time for the Club to terminate the Second Contract
with just cause. In this respect, the majority of the Chamber observed that the Club’s notice
to the Player dated 30 June 2023, by which the Second Contract was terminated, merely
referred to suspicions of illegal activities, rather than prosecution or conviction, which did
not support the presence of just cause in line with art. 14 of the Regulations or article 9.5.4
of the Second Contract.
91. For the sake of completeness of the foregoing, the majority of the Chamber referred to
reasoning used by CAS in TAS 2024/A/10733 Club Universidad Nacional c. Daniel Alves Da Silva,
which seemingly suggested that the prosecution of a player would be grounds for
suspension of an employment contract, but not for its direct termination. In the Chamber’s
view, this would also be consistent with the main rational of "innocent until otherwise
proven".
92. Having stated the above, the majority of the Chamber concluded that, rather than acting
with caution, the Club did not undertake all reasonable steps to terminate the Second
Contract in line with the principle of ultima ratio but rather decided to unilaterally – and
prematurely – terminate its employment relationship with the Player without notice by
means of his correspondence dated 30 June 2023.
93. Consequently, the majority of the Chamber decided that that the Club unilaterally
terminated the Second Contract without just cause.
94. Lastly, the Chamber decided that no prepaid salaries must be reimbursed by the Player to
the Club, as they correspond to a period prior to the termination of the Second Contract.
d. Costs
95. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
96. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
97. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-XXXXX
pg. 32
REF. FPSD-XXXXX
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club A, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-XXXXX
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION:
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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