Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 April 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Joaquim Evangelista (Portugal), Member
Gerardo Movilla (Spain), Member
Mario Gallavotti (Italy), Member
Wilfried Straub (Germany), Member
on the claim presented by the player
X, XX,
represented by Mr O, attorney-at-law
as “Claimant”
against the club,
Y, YY,
as “Respondent”
regarding a contractual dispute arisen between the parties involved.
I.
Facts of the case
1.
On 3 August 2004, the XX player X (hereinafter: the Claimant) and the YY club,
Y (hereinafter: the Respondent) signed an employment contract and a
complementary agreement. According to the Claimant, the complementary
agreement is actually the main and complete agreement between the parties.
2.
A copy of the signed employment contract and the complementary agreement
was remitted to the Dispute Resolution Chamber.
3.
The contractual relationship was, according to the terms of the supplementary
agreement, to be valid until 31 May 2005.
4.
According to the said supplementary agreement, the Claimant was entitled to
receive for the whole period of the employment an amount of YY Pound
48,400, which was to be paid as follows:
-
10,400 upon receipt of the Claimant’s ITC
13,000 on 30 October 2004
13,000 on 30 January 2005
12,000 on 30 April 2005
5.
On 5 June 2006, the Claimant lodged a formal claim in front of FIFA and
maintained that the Respondent still owes him the amount of .. 20,000.
6.
According to the Claimant, the parties agreed on 2 February 2005 to
prematurely terminate their contractual relationship whereby they signed an
agreement. According to the said agreement, the Respondent undertakes to
pay the Claimant the amount of .. 26,000 in three instalments (.. 6,000 on 10
February 2005, .. 10,000 on 10 March 2005 and .. 10,000 on 10 April 2005).
7.
A copy of the termination agreement was remitted to the Dispute Resolution
Chamber.
8.
The Claimant explained that the Respondent only paid the first instalment in
the amount of .. 6,000 but failed, however, to pay the two other instalments
amounting to a total of .. 20,000.
Player X, XX / Club Y, YY
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9.
The Claimant remitted a copy of his correspondence dated 7 April 2006
addressed to the Respondent by means of which he reminded the latter of its
obligation.
10.
The Claimant requests payment of the .. 20,000 plus the reimbursement of its
legal expenses incurred due to the present proceedings amounting to EUR
10,000.
11.
On 28 September, 31 October 2006, the Respondent was invited by FIFA to
present its position with regard to the claim of the Claimant.
12.
The Respondent did not provide the Dispute Resolution Chamber with its
position.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber 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 5 June
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 employmentrelated 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 a XX player and a YY club regarding
allegedly outstanding payments in connection with their employment
relationship.
Player X, XX / Club Y, YY
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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 3 August 2004 and
the claim was lodged at FIFA on 5 June 2006. In view of the aforementioned,
the Chamber concluded that the current FIFA Regulations for the Status and
Transfer of Players (edition 2005, hereafter; 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
documentation contained in the file and took note that the Claimant and the
Respondent signed an employment contract dated 3 August 2004 which was to
be valid until 31 May 2005.
6.
Furthermore, the members acknowledged that the parties agreed to
prematurely terminate their contractual relationship and whereby they signed
an agreement on 2 February 2005. Considering the aforementioned
agreement, the members of the Chamber noted that the Respondent
undertook the obligation to pay the Claimant a total amount of .. 26,000 for
the premature termination of the contract in three installments.
7.
Subsequently, the Chamber took note that, according to the allegations of the
Claimant, the Respondent had paid him only the first of the aforementioned
three installments in the amount of .. 6,000 but failed to pay the two other
installments amounting to a total of .. 20,000.
8.
Turning its attention to the Respondent, the members of the Chamber took
note of the fact that the Respondent never provided FIFA with its position in
the present proceeding, despite having been asked by FIFA to do so on several
occasions.
9.
Consequently, the Respondent renounced to its right of defence.
10.
In continuation, the Chamber then stated that as a general principle of
procedure before the Dispute Resolution Chamber, if a Respondent does not
reply to the claim of the Claimant, the case shall be decided by the Chamber
on the basis of the facts and documentary evidences provided by the Claimant.
Player X, XX / Club Y, YY
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11.
On account of the above, the deciding body stated that due to the
Respondent’s failure to reply to the claim of the Claimant, it has to pass a
decision on the facts and evidences provided by the Claimant.
12.
Consequently, the Chamber concluded that the Respondent, by failing to
respond to the claim of the Claimant, admitted having failed to pay the latter
the two instalments pursuant to the agreement the parties signed on 2
February 2005 in the amount of .. 20,000.
13.
On account of all of the above, the Dispute Resolution Chamber decided that
the Respondent has to pay the amount of .. 20,000 to the Claimant.
14.
Subsequently, the Single Judge concluded that the amount of .. 20,000 should
be paid in two installments in order to assure a proper solution to the present
dispute taking into consideration the interest of both parties.
15.
Finally, as regards the claimed amount to cover legal expenses allegedly
incurred by the Claimant, the Chamber decided to reject such claim.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, player X, is partially accepted.
2.
The Respondent, Y, has to pay the amount of .. 20,000 to the Claimant, player
X, in accordance with the following payment plan:
- .. 10,000
- .. 10,000
within 30 days of notification of the present
decision
within 75 days of notification of the present
decision
3.
Any further claims lodged by the Claimant, player X, are rejected.
4.
In the event that the installments are not paid within the stated time limits, an
interest rate of 5% p.a. will apply as of expiry of the relevant time limits.
5.
Should the Respondent, Y, fail to adhere to this payment plan, the entire
outstanding sum will become due and the present matter shall be submitted to
FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may
be imposed.
Player X, XX / Club Y, YY
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6.
The Claimant, player X, is directed to inform the Respondent, 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.
7.
According to art. 61 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 21 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:
Jérôme Valcke
General Secretary
Encl: CAS directives
Player X, XX / Club Y, YY
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