Official Documents
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 August 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Rinaldo Martorelli (Brazil), Member
Gerardo Movilla (Spain),Member
Philippe Diallo (France), Member
Mohamed Mecherara (Algeria), Member
on the claim presented by the
Player S,
as “Claimant”
against the club,
O FC,
as “Respondent”
regarding a contractual dispute arisen between the parties involved.
I.
Facts of the case
1.
The G player S (hereafter: the player) and the C club, O FC (hereafter: the club),
signed on 1 July 2004 an employment contract valid for the season 2004/2005
providing the club with the possibility to unilaterally extend the duration of the
contract over the season 2005/2006.
2.
According to the employment contract, the player was to be paid during the
season 2004/2005 the total amount of EUR 45,000 payable in ten equal instalment,
the first one to be paid on 1 September 2004.
3.
On 7 February 2007, the player submitted a claim with FIFA against the club
stating that after the termination of the contract between the parties on 31 May
2005, the club is outstanding with its payment obligation. According to the player,
the club still owes him the amount of EUR 25,300. The player mentioned that
there was no correspondence exchanged between the parties with regard to the
alleged outstanding payments. Yet, according to the player, the club orally
confirmed owing the relevant amount.
4.
The club provided FIFA with its submission on 7 September 2007, admitting to owe
the amount of EUR 23,800 to the player. According to the club, the player
accepted and signed a relevant outstanding balance sheet, which was sent to the
Dispute Resolution Chamber during the investigations of the present case.
5.
In reply thereto, the player submitted a document (“statement”) dated 2 May
2007 signed by the club’s President and General Secretary by means of which they
noted in writing that the club “acknowledge that owe to the football Player S
from G the total amount of 14,500 (EUR 25,300) as remuneration and other rights,
including legal expenses for full settlement.”
6.
In their respective final submissions, the parties informed that, despite their
efforts to reach an amicable solution, they eventually failed.
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the case at hand. In this respect, it took note that the present matter
was submitted to FIFA on 7 February 2007. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(edition 2005, hereinafter: Procedural Rules) are applicable to the matter at hand
(cf. art. 18 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. b of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber is competent to deal with
the matter at stake, which concerns an employment-related dispute with an
international dimension between a G player and a C club.
3.
Furthermore, the Chamber analysed which regulations should be applicable as to
the substance of the matter. In this respect, it confirmed that in accordance with
art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players
(edition 2008), and considering that the present claim was lodged on 7 February
2007, the previous version of the regulations (edition 2005; hereinafter:
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The members
of the Chamber started by acknowledging that the Claimant and the Respondent
signed an employment contract on 1 July 2004 valid, in principal, for the season
2004/2005.
5.
Furthermore, the members acknowledged that according to the employment
contract at stake, the Claimant was entitled to receive for the whole duration of
the contract the amount of EUR 45,000 payable in ten installments.
6.
Subsequently, the Chamber took note of the Claimant’s statements, according to
which after the terminations of the contract on 31 May 2005, the club failed to
pay him the remainder of EUR 25,300 as outstanding salaries.
3
7.
Turning its attention to the Respondent, the members of the Chamber took note
that the latter does not deny being liable to pay to the Claimant certain
outstanding salaries. In fact, according to the Respondent it committed itself,
based on the “outstanding balance sheet” signed by the Claimant, to pay the
amount of EUR 23,800.
8.
Thereupon, the Chamber referred to the second submission of the Claimant, by
means of which he submitted another document duly signed by the Respondent’s
President and General Secretary, through which they agreed to pay to the
Claimant the amount of 14,500 (EUR 25,300) “as remuneration and other rights,
including legal expenses for full settlement”.
9.
As regards the above-mentioned document duly signed by the representative of
the Respondent, the Chamber noticed that the said document was the latest
document on file, i.e. dated 2 May 2007 and thus after the Claimant having
lodged his claim in front of FIFA, which confirmed the Respondent’s position to
pay the Claimant the outstanding remuneration. Equally, the Chamber took note
that the said document dated 2 May 2007 is signed by the representatives of the
Respondent, using in the relevant document the Respondent’s letterhead.
10.
Thus, the Chamber held that this document is decisive in order to evaluate which
amount the Respondent eventually has to pay to the Claimant.
11.
Taking into account all of the above, the Dispute Resolution Chamber decided
that the Respondent must pay to the Claimant the amount of 14,500 based on the
acknowledgement of debt dated 2 May 2007 and which was duly signed by the
Respondent’s representative.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, player S, is accepted.
2.
The Respondent, Club O FC, has to pay the amount of 14,500 to the Claimant
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiring of the fixed time limit and the
present matter shall be submitted upon the party’s request to FIFA’s Disciplinary
Committee for consideration and decision.
4
4.
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 Dispute
Resolution Chamber of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 63 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 Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl.
CAS directives
5