Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 12 April 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium) member
Philippe Diallo (France) member
Michele Colucci (Italy) member
Theo van Seggelen (Netherlands) member
on the claim presented by
Player X,
as Claimant
against
Club Y,
as Respondent
regarding a contractual dispute.
I.
Facts of the case
1.
On 29 July 2002, the player X and Club Y signed an employment contract valid as
from the date of signature until the end of the sporting season 2003/2004. In
addition, the employment contract stipulated that in the event that Club Y would
play the sporting season 2004/2005 in the First League of the corresponding
association, the employment contract would be prolonged automatically until
30 June 2005.
2.
On 29 January 2003, both parties involved signed a rescission agreement in order
to terminate the employment contract prematurely by mutual consent. Therein,
club Y committed itself to pay to the player X the total amount of EUR 56,250.
Thereof, the amount of EUR 45,000 was payable on 15 February 2003 and the
amount of EUR 11,250 was payable on 31 July 2003 at the latest. The first
instalment in the amount of EUR 45,000 was paid to the player X accordingly.
3.
On 14 September 2004, the player X approached FIFA and claimed, based on the
rescission agreement signed, the second instalment in the amount of EUR 11,250
from Club Y. In addition, the player claimed the amount of EUR 697.25 serving as
business expenditure from club Y. The total amount claimed was of EUR 11,947.25.
4.
According to the player and the documents provided to FIFA, Club Y sent on
15 February 2003 and on 31 July 2003 two bank-checks to the player in the
amount of EUR 697,25, respectively EUR 11,250. According to the player, the bankcheques could not be cashed.
5.
On 21 October 2004, FIFA contacted the Club Y in order to advise the club to
either pay the amount due or to provide us valid reasons for not doing so. As FIFA
did not receive an answer from the club, the same was contacted again on
15 November 2004. To date, FIFA did not receive an answer.
II.
Considerations of the Dispute Resolution Chamber
1.
The Dispute Resolution Chamber of the FIFA Players’ Status Committee shall
review disputes coming under its jurisdiction pursuant to Art. 42 of the FIFA
Regulations for the Status and Transfer of Players (hereafter: FIFA Regulations) at
the request of one of the parties to the dispute.
2.
Consequently, the Dispute Resolution Chamber is the competent body to decide
on the present litigation concerning the outstanding payments allegedly owed by
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Club Y to the player X according to the rescission agreement dated 29 January
2003.
3.
Subsequently, and entering into the substance of the matter, the Chamber
carefully considered the contents of the duly signed rescission agreement. In this
regard, the Chamber took notice of the fact that the total amount claimed by the
player X consisted of two different amounts. On the one hand, the Chamber
understood that the amount of EUR 11,250 was clearly stipulated as the second
instalment in the rescission agreement dated 29 January 2003, on the other hand,
the Chamber took note of the amount of EUR 697.25 corresponding, according to
the player, to “business expenditure”.
4.
In continuation, the Chamber took note of the fact that Club Y clearly manifested
its willingness to pay both amounts by handing out two bank-cheques in both
above-mentioned amounts to the player. Although the player could not encash
said bank-cheques, the Chamber clearly established that the club’s action had to
be interpreted as an acknowledgement of debts in the total amount of
EUR 11,947.25. Moreover, the Chamber took notice of the fact that Club Y never
intervened in the present proceeding, even not upon FIFA’s repeated requests. In
this context, the Chamber concluded that the debt was never contested by the
club Y.
5.
As a result, the Chamber concluded that Club Y still owes to the player X the
amount of EUR 11,947.25.
6.
Taking into account all of the above, the Dispute Resolution Chamber decided that
Club Y has to pay to the player X the outstanding amount of EUR 11,947.25.
III.
Decision of the Single Judge
1.
The claim of the player X is accepted.
2.
Club Y has to pay the amount of EUR 11,947.25 to the player X within the next 30
days as from the date of notification of this decision.
3.
In the event that the due amount is not paid within the stated deadline, an
interest rate of 5% p.a. will apply.
4.
If the aforementioned sum is not paid within the aforementioned deadline, the
present matter shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
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5.
The player X is directed to inform Club Y 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. 60 par. 1 of the FIFA Statutes this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 10 days of receiving notification of this decision and
has to contain all elements in accordance with point 2 of the directives issued by
the CAS, copy of which we enclose hereto. Within another 10 days following the
expiry of the time limit for the filing of the statement of appeal, the appellant
shall file with the CAS a brief stating the facts and legal arguments giving rise to
the appeal (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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