Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 1 June 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Philippe Diallo (France), member
Philippe Piat (France), member
Michele Colucci (Italy), member
on the claim presented by the
Player X,
as Claimant
against
Club Y,
as Respondent
regarding a contractual dispute in connection with outstanding remuneration.
I.
Facts of the case
1.
On 1 July 2002, the player X and club Y signed an employment contract valid as
from the date of signature until 1 July 2004.
2.
Clause 6 of the relevant contract contained a penalty clause and stipulated the
following: “If club does not fulfil obligations towards the player and does not do
that in the additional 60-90 days period, player may break the Agreement.
Compensation is determined according to art. 17. i.e. 18. or art. 41 of the
Registration regulations of “a specific football association”, taking into account
player’s demands from club that is paid up to the height of compensation.”
3.
On 22 September 2004, the player X approached FIFA and claimed based on the
above-mentioned employment contract and “art. 17 i.e. 18 or art. 41 of
Registration Regulations of “a specific football association”, the total amount of
SIT 900,000 (according to the player X an amount equal to EUR 3,750) from club Y.
The player X enclosed to the claim a document whereby the director of the club Y,
before the expiry of the relevant employment contract, acknowledged a debt of
the club Y towards the player X in the amount of SIT 900,000. The due date of the
debt fixed therein was 15 April 2003.
4.
On 17 December 2004, club Y informed FIFA that it acknowledged the full debt in
the amount of EUR 3,750 towards the player X. The club Y proposed to pay the
total amount in 7 instalments of EUR 536,14 each. The instalments were payable as
from 29 January 2005 in an interval of 2 months until 29 January 2006. On
31 January 2005, the player X accepted the payment plan proposed by club Y.
5.
On 1 February 2005, FIFA informed club Y that the player X had accepted the
payment plan proposed and that club Y was invited to pay the first instalment of
EUR 536,14, according to the payment plan agreed due on 29 January 2005,
immediately. In this respect, club Y was informed that in the event that the club
fails to adhere to the payment plan, the case will be submitted directly to the
Dispute Resolution Chamber.
6.
On 1 March 2005, the player X approached FIFA and informed that he had not yet
received the first instalment as agreed in the payment plan by both parties
involved.
II.
Considerations of the Dispute Resolution Chamber
1.
The members of the Dispute Resolution Chamber were summoned to pass a
decision on this matter by the Chairman pursuant to art. 1 point 6) of the Rules
Governing the Practice and Procedures of the Dispute Resolution Chamber.
2.
According to art. 42 par. 1 lit. b (i) of the FIFA Regulations for the Status and
Transfer of Players (hereinafter: Regulations), the triggering elements of the
dispute (i.e. whether a contract was breached, with or without just cause, or
sporting just cause), will be decided by the Dispute Resolution Chamber.
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3.
Therefore, the members of the Dispute Resolution Chamber at first confirmed to
be competent to pass a decision in this matter. In addition, the Chamber
acknowledged the above-mentioned facts, as well as the further documentation
contained in the file.
4.
Subsequently, and entering into the substance of the matter, the Chamber
carefully considered the contents of the employment contract concluded between
the parties on 1 July 2002. Then, the Chamber established that according to the
statements provided by the parties involved during the proceeding, the player X
appeared to have fully complied with his obligations out of that contract until the
expiry date of the same, i.e. until 1 July 2004. Subsequently, the Chamber turned
its attention to the acknowledgement of indebtedness signed by the director of
club Y and the player X on a non-specified date, whereby the club’s representative
acknowledged having a debt out of the contract towards the player in the amount
of SIT 900,000. The Chamber took note that the due date fixed in that document
was 15 April 2003.
5.
In continuation, the Chamber acknowledged that club Y did at no time of the
proceeding contest the debt in question towards the player X. Moreover, the
Chamber took note that the club Y proposed to settle the total amount of
SIT 900,000, according to both parties equivalent to EUR 3,750, through a payment
plan composed of 7 instalments of EUR 536,14 each, payments starting on
29 January 2005 and ending on 29 January 2006. The Chamber took cognizance of
the fact that the player X accepted on 31 January 2005 the payment plan proposed
by the club Y.
6.
However, the Chamber took note that the club Y failed to adhere to the payment
plan proposed by the club and accepted by the player X. In this regard, the
Chamber reproached the behaviour of the club Y, which never clarified the
reasons for failing to comply with the payment plan in a timely manner.
7.
On account of all the above, the Chamber unanimously decided that the debt in
the amount of EUR 3,750 had to be paid by the club Y to the player X, at once.
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of the player X is accepted.
2.
Club Y has to pay the amount of EUR 3,750 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 sanctions may be imposed.
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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