DRC Overdue Payables
Texto da decisão
REF. FPSD-15389
Decision of the
Dispute Resolution Chamber
passed on 16 October 2024
regarding an employment-related dispute concerning the player Pedro
Miguel Gaspar Amaral
BY:
Gonzalo DE MEDINILLA (Spain)
CLAIMANT:
Pedro Miguel Gaspar Amaral, Portugal
Represented by Joao Filipe Lobao
RESPONDENT:
PAS LAMIA 1964 FC, Greece
pg. 2
REF. FPSD-15389
I. Facts of the case
1.
On 25 September 2023, the Portuguese player, Pedro Miguel Gaspar Amaral (hereinafter:
the Player or the Claimant), and the Greek club, PAS Lamia 1964 (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
26 September 2023 until 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant the
following amounts:
3.
•
EUR 800 net as “monthly fee” (clause 4.1 of the Contract);
•
EUR 12,625 net as a monthly salary from September 2023 until June 2024 (clause
4.4 of the Contract);
•
EUR 3,000 as home allowance payable until 30 June 2024 (clause 4.3 of the Contract);
•
EUR 1,000 as “bonus for each participation of the player as basic, in the official games
of the Super League 1 championship 2023-2024” (clause 4.2 of the Contract);
•
EUR 500 “as bonus for each participation of the player as a substitute, with a minimum
participation time of 15 minutes, in the official games of the Super League 1
championship 2023-2024” (clause 4.2 of the Contract);
•
EUR 5,000 “as bonus if the team finishes in the first 6 places of the Greek Super League
1 championship 2023-2024” (clause 4.2 of the Contract);
•
EUR 5,000 “as bonus if the Player participates in the semi-final of the Greek Cup 20232024” (clause 4.2 of the Contract);
•
EUR 10,000 “as bonus if the Player participates to the final game of the Greek Cup 20232024” (clause 4.2 of the Contract).
By correspondence dated 9 July 2024, the Claimant put the Respondent in default of
payment of the total amount of EUR 50,850 setting a time limit of 10 days in order to
remedy the default. In particular, the Player requested the following amounts:
•
EUR 26,850 for the salary of May and June 2024;
•
EUR 3,000 “as house rental”;
•
EUR 21,000 as bonus that corresponds to EUR 11,000 for the 11 appearances on the
starting eleven in the official games of the Super League 1 Championship 20232024, EUR 500 for the 2 appearances as a substitute, with a minimum of 15 minutes
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REF. FPSD-15389
in the official games of the Super League 1 Championship 2023-2024 and EUR 5,000
as the team finishes 6th in the Super League 1 Championship of 2023/2024.
4.
On 2 September 2024, the Respondent made a payment of EUR 10,000 to the Player.
II. Proceedings before FIFA
5.
On 29 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
6.
The Claimant requested the following relief:
“The Player respectfully requests to the Dispute Resolution Chamber to recognize that
Club is in debt with him in an amount no less than the NET AMOUNT €50.850,00
(fifteen thousand euros eight hundred and fifty euros) on the following terms:
a. € 26.850,00 (twenty-six thousand eight hundred and fifty euros) as salary: i. €
13.425.00 (Salary of January (€800,00 of Clause 4.1 plus €12.625,00 of Clause 4.2) due
and unpaid since 31st January 2024); ii. € 13.425.00 (Salary of January (€800,00 of
Clause 4.1 plus €12.625,00 of Clause 4.2) due and unpaid since 31st January 2024);
b. €3.000,00 regarding house rent due and unpaid since 30.06.2024;
c. €21.000,00 (twenty-one thousand euros) due and unpaid since 30th June 2024.”
7.
In addition, the Player requested 5% interest p.a. as from the due dates of the above
amounts.
8.
Regarding the payment of the bonuses, the Player provided the following information:
“During 2023/2024 season the Player played 19 (ninety) games on behalf of the Club,
14 (fourteen) on the Greek Super League, 4 (four) on the Playoff and 1 (one) on Kypello
Elladas.”
b. Position of the Respondent
9.
In their reply, the Respondent acknowledged that they “have not fully paid the Claimant’s
remuneration under his employment contract dated 26.09.2023, as set out in the default notice
sent by the Claimant on 9 July 2024 and also referred in the present claim”.
pg. 4
REF. FPSD-15389
10. In addition, the Respondent stated that on 2 September 2024, they made a payment of
EUR 10,000 to the Claimant and acknowledged that “the amount actually due today to the
Claimant is EUR 40,850”.
c. Comments of the Claimant
11. The Claimant acknowledged that on 2 September 2024, he received the amount of EUR
10,000 from the Respondent.
12. Consequently, the Claimant modified his request for relief as follows:
“I. The Player respectfully request to the dispute resolution chamber to recognize the club
is in debt with him in an amount no less than the NET AMOUNT EUR 40,850.00 (fourteen
thousand euros eight hundred and fiftly euros) on the following terms:
a. EUR 16,850.00 (sixteen six thousand eight hundred and fifty euros as salary:
i. EUR 3,425.00 (salary of January EUR 800.00 of Clause 4.1 plus EUR 2,625.00
of Clause 4.2) due and unpaid since 31st January 2024);
ii. EUR 13,425.00 (salary of January EUR 800.00 of Clause 4.1 plus EUR
12,625.00 of Clause 4.2) due and unpaid since 31st January 2024);
b. EUR 3,000.00 regarding the house rent due and unpaid since 30,06,2024;
c. EUR 21,000.00 (twenty one thousand euros) due and unpaid since 30th June 2024;
II. The Club is ordered to pay the net plus 5% interest overdue EUR 10,000.00 (ten
thousand euros) until 2 September 2024 as of the payment date defined in I a) i) PLUS
5% interest overdue EUR 40,850.00 (fourteen thousand euros eight hundred and fifty
euros) as of the payment date defined in I.
III. The Decision shall be executed in accordance with Art. 24 bis FIFA RSTP and also
include a decision about the consequences of the Club failure to pay the amounts
according to request for relief no. I and II”.
pg. 5
REF. FPSD-15389
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
13. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 29 July 2024 and submitted for
decision on 16 October 2024. Taking into account the wording of art. 34 of the March 2023
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
14. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (June 2024 edition), the Single Judge is
competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Portuguese player and a Greek club.
15. Subsequently, the Single Judge analysed which regulations 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 (June 2024 edition), and
considering that the present claim was lodged on 29 July 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
16. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
17. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
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REF. FPSD-15389
i. Main legal discussion and considerations
18. The Single Judge then moved to the substance of the matter, and took note that it
concerned a claim brought by the Player against the Club for outstanding remuneration.
19. In this context, the Single Judge noted that the Player initially requested the total amount
of EUR 50,850 and later, in view of the payment of EUR 10,000 by the Respondent, he
modified his request for relief requesting EUR 40,850.
20. In reviewing the Claimant’s request for relief, the Single Judge noted that the Claimant had
requested payment of two salaries, both allegedly corresponding to the month of January
2024.
21. However, upon examining the statement of claim and the evidence on file, the Single Judge
observed that the outstanding salaries actually pertained to the months of May and June
2024. As a result, the Single Judge concluded that the overdue amounts corresponded to
the salaries of May and June 2024, rather than two salaries attributed to January 2024.
22. In this respect, the Single Judge observed that the Respondent acknowledged that the
amount of EUR 40,850 remains outstanding.
23. The Single Judge clarified that from the total amount of EUR 40,850, the amount of EUR
19,850 corresponded to the following amounts:
•
EUR 3,425 for the salary of May 2024, i.e. EUR 800 arising from the clause 4.1 and
EUR 2,625 arising from clause 4.4 of the Contract after the deduction of the EUR
10,000;
•
EUR 13,425 for the salary of June 2024, i.e. EUR 800 arising from clause 4.1 and EUR
12,624 arising from clause 4.4 of the Contract;
•
EUR 3,000 as housing allowance from clause 4.3 of the Contract.
24. Therefore, in view of the above, the Single Judge decided to award the amount of EUR
19,850 to the Claimant.
25. In continuation, the Single Judge observed that from the total amount of EUR 40,850, EUR
21,000 corresponded to the bonuses. As the Respondent acknowledged that the total
amount of EUR 40,850 requested remains outstanding, including the bonuses and based
on the documentation on file, the Single Judge decided to award EUR 21,000 as bonuses to
the Claimant.
pg. 7
REF. FPSD-15389
26. Consequently, the Single Judge awarded the Player the amount of EUR 40,850
corresponding to the salary of May and June 2024 and the bonuses requested plus 5%
interest p.a. as from the day following the respective due dates, as follows:
•
5% interest p.a. over the amount of EUR 3,425 as from 1 June 2024 until the date of
effective payment;
•
5% interest p.a. over the amount of EUR 37,425 as from 1 July 2024 until the date of
effective payment.
27. Finally, the Single Judge decided to award 5% interest over the amount of EUR 10,000 as
from 1 June 2024 until the date of payment, i.e. 2 September 2024.
ii. Application of art. 12 bis of the Regulations
28. Having established the above, the Single Judge referred to art.12bis par. 2 of the
Regulations, which stipulates that any club found to have delayed a due payment for more
than 30 days without a prima facie contractual basis may be sanctioned in accordance with
art. 12bis par. 4 of the Regulations.
29. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due for more than 30 days, and granted the Club
with 10 days to cure such breach of contract.
30. Accordingly, the Single Judge also confirmed that the Club had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
31. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations it
has competence to impose sanctions on the club. On account of the above and bearing in
mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
32. In this connection, the Single Judge highlighted that a repeated offence will be considered
as an aggravating circumstance and lead to more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
33. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
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REF. FPSD-15389
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
34. In this regard, the Single Judge highlighted that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from registering any
new players, either nationally or internationally, up until the due amounts are paid. The
overall maximum duration of the registration ban shall be of up to three entire and
consecutive registration periods.
35. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must
pay the full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
36. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
37. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
38. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
39. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
40. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 9
REF. FPSD-15389
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Pedro Miguel Gaspar Amaral, is partially accepted.
2.
The Respondent, PAS LAMIA 1964 FC, must pay to the Claimant the following amount(s):
- EUR 40,850 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount EUR 3,425 as from 1 June 2024 until the date of effective
payment;
- 5% interest p.a. over the amount of EUR 37,425 as from 1 July 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 10,000 as from 1 June 2024 until 2 September
2024.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
pg. 10
REF. FPSD-15389
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-15389
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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