Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 4 February 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Maurice Watkins (England), member
Philippe Piat (France), member
Michele Colucci (Italy), member
on the claim presented by
the player, X, France,
as Claimant
against
the club, Y, Portugal
as Respondent
regarding a contractual dispute between the player and the club,
Facts of the case
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The player was under contract with the Portuguese club during the 2002/03 season.
In March 2003, the contract was rescinded by the club and on 6 March 2003, the
parties signed an amicable agreement relating to payment of the player’s salaries to
the total amount of EUR 11,250.
The player turned to FIFA claiming that the club had not adhered to the agreement,
in that the club still owed him the total amount of EUR 7,875.
In reply, the club refers to the amicable agreement that was signed between the
parties and asserts that the amount of EUR 5,625 remains outstanding, which it
would remit to the player in monthly instalments as from August to December 2003.
This amount was confirmed by the player.
A payment schedule was granted by FIFA to the club in question to pay off the
remainder of the sum due to the player.
In spite of a final invitation to pay the last 2 instalments of the payment plan, the
total amount of EUR 2,250 remains unsettled to date.
Considerations of the Dispute Resolution Chamber
The members of the Chamber firstly proceeded to confirm that in accordance with Article
42 of the FIFA Regulations for the Status and Transfer of Players the Chamber is
competent to deal with the present matter.
From the above-mentioned facts, it is undisputed that the Portuguese club owes the
amount of EUR 2,250 to the player, X. The members of the Chamber agreed that Y has
seriously neglected its financial obligations towards the player. Furthermore, no reasons
justifying non-payment have been presented by the respondent.
In the light of the above, the Chamber decided to accept the player’s claim.
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Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is accepted.
2.
The Respondent, Y, has to pay the amount of EUR 2,250 to the Claimant.
3.
The amount due to the Claimant has to be paid by the Respondent within 30 days
as from the date of notification of this decision.
4.
In the event that the debt of the Portuguese club is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned deadline.
5.
If the sum of EUR 2,250 is not paid within the aforementioned deadline, the
present matter shall be submitted to the FIFA Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
6.
According to art. 60 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 10 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:
Avenue de l’Elysée 28
1006 Lausanne
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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