Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 August 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Michele Colucci (Italy), member
Mick McGuire (England), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the player
A, from X
as Claimant
against the club
B, from Y
as Respondent
regarding a contractual dispute arisen between the player and the club.
I.
Facts of the case
1.
On 17 November 2005, player A (hereinafter: the Claimant) and club B (hereinafter:
the Respondent) concluded an employment contract for the period from 17
November 2005 until 30 June 2006.
2.
According to the ”schedule” to the employment contract, the total value of the
contract is EUR 500,000, payable as follows:
- EUR 250,000 upon signing of the contract
- EUR 250,000 payable in equal monthly instalments
- Bonus and allowances such as an apartment and a car.
3.
In his claim dated 16 February 2006, the Claimant put forward that he was
prevented from playing for the Respondent and that he had not received his
salaries for the months of November and December 2005 and January 2006.
4.
By letters dated 7 March and 31 March 2006, the Claimant informed FIFA that he
had received the aforementioned salaries.
5.
On 16 April 2006, the Respondent issued an acknowledgement of indebtedness
according to which the latter committed to pay the due amount of EUR 71,428 to
the Claimant until 30 June 2006 at the latest.
6.
By means of various correspondence, the Claimant informed FIFA that the
Respondent had failed to comply with the aforementioned promise of payment
and that he therefore claims payment of EUR 71,428 from the Respondent which
comprises of two monthly instalments of EUR 35,714 each. He added that the
Respondent had paid him the other five monthly instalments.
7.
After having been invited to submit its position to the present matter, the
Respondent informed FIFA on 25 September 2006 that it would settle the amount
due until 31 December 2006 at the latest and that the payment was delayed due to
budget constraint.
8.
On 27 June 2007, the Claimant informed FIFA that he had still not received the
amount of EUR 71,428 from the Respondent and that he is claiming this amount
from the Respondent.
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Player A, from X / Club B, from Y
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (DRC) analysed whether it was
competent to deal with the matter at stake. In this respect, it referred to art. 18
par. 2 and 3 of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber. The present matter was
submitted to FIFA on 16 February 2006, as a consequence the Chamber concluded
that the revised Rules Governing Procedures (edition 2005) on matters pending
before the decision making bodies of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the Regulations
for the Status and Transfer of Players (edition 2005). In accordance with art. 24 par.
1 in combination with art. 22 (b) of the aforementioned Regulations, the Dispute
Resolution Chamber shall adjudicate on employment-related disputes between a
club and a player that have an international dimension.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation involving an X player and a Y club regarding a
dispute arisen in connection with an employment contract.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for 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 for the Status and Transfer of Players
(edition 2005) and, on the other hand, to the fact that the relevant contract at the
basis of the present dispute was signed on 17 November 2005 and the claim was
lodged at FIFA on 16 February 2006. In view of the aforementioned, the Chamber
concluded that the current FIFA Regulations for the Status and Transfer of Players
(edition 2005, hereinafter: the Regulations) are applicable to the case at hand as to
the substance.
5.
In continuation, and entering into the substance of the matter, the members of the
Chamber started by acknowledging the above mentioned facts and all further
documentation contained in the file. In particular, they took note that on 17
November 2005, an employment contract was concluded between the parties for
the period from 17 November 2005 until 30 June 2006. Furthermore, the Chamber
took note that the Claimant had submitted a copy of an acknowledgment of
indebtedness, issued and duly signed by the Respondent, by means of which the
latter confirmed to owe the Claimant the amount of EUR 71,428 and by means of
which it committed to pay the aforementioned amount to the Claimant by 30 June
2006.
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Player A, from X / Club B, from Y
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6.
Equally, the Chamber noted that in its response to the claim of 25 September 2006,
the Respondent had admitted not to have paid the aforementioned due amount to
the Claimant within the deadline until 30 June 2006.
7.
In continuation, the DRC acknowledged that the Claimant demands payment of
the due amount of EUR 71,428 from the Respondent.
8.
In their reasoning, the members of the Chamber pointed out that the Respondent
had never contested its debt towards the Claimant in the amount of EUR 71,428,
but had even clearly acknowledged this debt by means of the written
acknowledgment of indebtedness dated 16 April 2006 as well as in its response to
the claim dated 25 September 2006.
9.
The Chamber therefore concluded that there could be no doubt about the
existence of the debt of the Respondent towards the Claimant in the amount of
EUR 71,428. As a consequence, the Chamber decided that the Claimant is entitled
to receive the amount of EUR 71,428 from the Respondent related to the
employment contract concluded on 17 November 2005.
10.
In continuation, and with respect to the mode of payment, the members of the
DRC deemed that a payment in two instalments would be adequate and therefore
decided that the total amount of EUR 71,428 has to be paid by the Respondent in
the following in two instalments:
-
the amount of EUR 36,428 within 30 days as of the date of notification of
this decision and
-
the amount of EUR 35,000 within 60 days as of the date of notification of
this decision.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of player A is accepted.
2.
The Respondent, Club B, has to pay the total amount of USD 71,428 to the
Claimant.
3.
The amount due to the Claimant, A, has to be paid by the Respondent, Club B, as
follows:
a. the amount of EUR 36,428 within 30 days as of the date of notification of
this decision and
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Player A, from X / Club B, from Y
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b. the amount of EUR 35,000 within 60 days as of the date of notification of
this decision.
4.
Should the Respondent fail to adhere to this payment plan, the immediate
payment of the entire sum becomes due and an interest rate of 5% per annum will
apply as of expiry of the relevant time-frame and the present matter shall be
submitted to FIFA’s Disciplinary Committee, so that the necessary disciplinary
sanctions may be imposed.
5.
The Claimant, A, is directed to inform the Respondent, Club B, directly and
immediately of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber of every payment received.
6.
According to art. 61 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
CH-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
General Secretary
Enclosed: CAS directives
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Player A, from X / Club B, from Y
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