Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 14 August 2013,
by Theo van Seggelen (the Netherlands), DRC judge,
on the claim presented by the player,
Player F, from country P
as Claimant
against the club,
Club A, from country C
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the case
1.
According to Player F, from country P (hereinafter: the Claimant), on 1 June
2011, he and Club A, from country C (hereinafter: the Respondent),
concluded an employment contract (hereinafter: the contract) valid as from
the date of signature until 31 April 2012.
2.
On 4 April 2012, the Claimant and the Respondent concluded an agreement,
by means of which they agreed that the Respondent would pay to the
Claimant the outstanding amount of EUR 4,200 as follows:
a. EUR 1,200 payable on 15 May 2012;
b. EUR 3,000 payable on 20 June 2012.
3.
On 17 June 2013, the Claimant lodged a claim before FIFA, claiming the
amount of EUR 4,200, indicating that the Respondent had breached the
agreement and never paid him the outstanding amount of EUR 4,200.
Equally, the Claimant requested interest as from 31 April 2012 and added
that “all interest accrued the total amount of € 231.29 Euros, without
prejudice to vested until full payment”.
4.
Despite having been invited by FIFA to provide its position, the Respondent
never answered to the claim lodged against it by the Claimant, although it
was informed that, in absence of a reply, a decision would be taken on the
basis of the documents on file.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge analysed whether he
was competent to deal with the matter at stake. In this respect, the DRC
judge took note that the present matter was submitted to FIFA on 17 June
2013. Consequently, the DRC judge concluded that the 2012 edition of the
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber, (hereinafter: the Procedural Rules), is applicable
to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and 2 in combination
with art. 22 lit. b) of the Regulations on the Status and Transfer of Players
(edition 2012) the DRC judge is competent to deal with the matter at stake,
Player F, from country P / Club A, from country C
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which concerns an employment–related dispute with an international
dimension between a country P player and a country C club.
3.
In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on
the Status and Transfer of Players, the DRC judge confirmed that he may
adjudicate on the present dispute which value does not exceed currency of
country 100,000.
4.
Furthermore, the DRC judge analysed which edition of the Regulations on
the Status and Transfer of Players should be applicable as to the substance of
the matter. In this respect, he confirmed that in accordance with art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (edition 2012)
and considering that the present claim was lodged in front of FIFA on 17
June 2013, the 2012 edition of the Regulations on the Status and Transfer of
Players (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
5.
The competence of the DRC judge and the applicable regulations having
been established, the DRC judge entered into the substance of the matter.
The DRC judge started by acknowledging the above-mentioned facts of the
case as well as the documentation contained in the file.
6.
First of all, the DRC judge acknowledged that the Claimant and the
Respondent had concluded an agreement on 4 April 2012 which stipulates
that the Respondent would pay the outstanding amount of EUR 4,200 to the
Claimant as follows:
a. EUR 1,200 payable on 15 May 2012, and
b. EUR 3,000 payable on 20 June 2012.
7.
The DRC judge further observed that, following the conclusion of an
employment contract, the Claimant lodged a claim in front of FIFA against
the Respondent seeking payment of the amount of EUR 4,200, corresponding
to the amount agreed upon in the agreement, as well as 5% interest as from
31 April 2012. The Claimant added that “all interest accrued the total amount
of € 231.29 Euros, without prejudice to vested until full payment”. More
specifically, the Claimant indicated that the Respondent breached the
agreement and never paid him the outstanding amount of EUR 4,200.
8.
Furthermore, the DRC judge noted that the Respondent, for its part, failed to
present its response to the claim of the Claimant, in spite of having been
invited to do so. In this way, the DRC judge deemed that the Respondent
Player F, from country P / Club A, from country C
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renounced to its right of defence and, thus, accepted the allegations of the
Claimant.
9.
As a consequence of the aforementioned consideration, the DRC judge
determined that in accordance with art. 9 par. 3 of the Procedural Rules, he
shall take a decision upon the basis of the documents on file; in other words,
upon the statements and documents presented by the Claimant.
10.
In view of the above, the DRC judge concluded that it could be established
that the Respondent had failed to pay to the Claimant the amount as agreed
upon between the parties in the agreement. As a consequence, and in
accordance with the general legal principle of pacta sunt servanda, the
Respondent must fulfil its obligations as per the agreement concluded with
the Claimant and, consequently, is to be held liable to pay the outstanding
amount of EUR 4,200 to the Claimant.
11.
The DRC judge further decided that in line with the Claimant´s request for
interest for delayed payment, the Claimant is entitled to receive default
interest at the rate of 5% p.a. as follows:
a. 5% p.a as of 16 May 2012 on the amount of EUR 1,200;
b. 5% p.a. as of 21 June 2012 on the amount of EUR 3,000.
12.
The DRC judge concluded his deliberations by rejecting any further claim
lodged by the Claimant.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player F, is partially accepted.
2.
The Respondent, Club A, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 4,200 plus 5%
interest p.a. until the date of effective payment as follows:
3.
a. 5% p.a. as of 16 May 2012 on the amount of EUR 1,200;
b. 5% p.a. as of 21 June 2012 on the amount of EUR 3,000.
In the event that the aforementioned sum plus interest is not paid within the
stated time limit, the present matter shall be submitted, upon request, to
FIFA’s Disciplinary Committee for consideration and a formal decision.
4.
Any further claim lodged by the Claimant is rejected.
Player F, from country P / Club A, from country C
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5.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance is to be made and to notify the
DRC judge of every payment received.
Note relating to the motivated decision (legal remedy):
According to article 67 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
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 DRC judge:
Jérôme Valcke
Secretary General
Encl. CAS Directives
Player F, from country P / Club A, from country C
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