Labour Disputes
Texto da decisão
REF. FPSD-11991
Decision of the
Dispute Resolution Chamber
passed on 22 November 2023
regarding an employment-related dispute concerning
the player Roland Andras Ugrai
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), member
Calum BEATTIE (Scotland), member
CLAIMANT:
Roland Andras Ugrai, Hungary
Represented by Kristof Wenczel
RESPONDENT:
Pendikspor Futbol A.Ş., Türkiye
pg. 2
REF. FPSD-11991
I. Facts of the case
1. On 9 August 2022, the Hungarian player Roland Andras Ugrai (hereinafter: the Claimant or the
player) and the Turkish club Pendikspor Futbol A.Ş. (hereinafter: the Respondent or the club)
concluded an employment contract (hereinafter: the Contract) valid until 31 May 2023 and an
additional protocol (hereinafter: the Additional Protocol).
2. According to the Additional Protocol:
“If the Club promotes to the Super League at the end of the season the Club will pay 50.000, - EURO
bonus to the Player. The bonus payments will be made within 30 days from the registration of the
leagues if the relevant condition is met. The bonus payment will be calculated and made according
the pro-rata principle considering the number of the official league matches that the player has
played.”
3. On 2 February 2023, the Claimant terminated the Contract adducing just cause.
4. On 20 March 2023, the Claimant filed a claim before the FIFA DRC with reference number FPSD9672 (hereinafter: the First Claim).
5. On 10 July 2023, the FIFA DRC passed a decision in the First Claim granting the Claimant
outstanding remuneration and compensation for breach of contract without just cause.
6. On 10 August 2023, the Claimant sent a default notice to the Respondent requesting the payment
of EUR 4,000 within 8 days.
II. Proceedings before FIFA
7. On 29 September 2023, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of the Claimant
8. The Claimant states that he played ”3 games out of 37 games in the whole season which equals to
8% per cent to the overall games. If the bonus payment is calculated pro rata, the Player is entitled to
€4.000, - which equals to 8% to the whole amount of the bonus payment”.
9. The Claimant underlines that the amount claimed was not due 20 March 2023 when it filed the
First Claim.
10. The Claimant requests:
Please oblige the Club to additionally pay EUR 4,000 to the Player and consequently decide on the
bonus payment in favour of him in accordance with point 3 (request for relief) of the statement of
claim submitted by the Player on 20 March 2023 as it was requested as follows:
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REF. FPSD-11991
“Claimant declares that in case of the Club’s promotion to the Turkish First League at the end of
the season 2022/23 the claim is to be extended for the bonuses accordingly”.
we also request to oblige the Respondent to pay 5% p.a. late payment interest rate after the bonus
payment from the date of the registration of the Club to the Turkish Super League until the effective
payment date of the request above.
b. Position of the Respondent
11. In its reply, the Respondent states that it has paid all the amounts due to the Claimant in relation
to the First Claim.
12. The Respondent states that “the Player is still acting in bad faith and unfairly demanding additional
payments. Therefore, the bad faith and unfairly demanding of the Player should be rejected. With this
request, The Player is trying to obtain unlawful profit from our Club”.
13. The Claimant filed the following requests:
6.1 The reasons explained above we kindly request you to decide judgment of dismissal about the
present case and the rejection of all requests of the Claimant Player
6.2. We would like to request your honorable chamber to make a decision that the judicial costs
and the attorneyship fees that the Respondent is faced with shall be paid by the Claimant. If not,
to award a minimum amount of procedural cost in connection with the temporary amendment to
the Procedural Rules declared with the Circular 1720.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Dispute Resolution Chamber (hereinafter also referred to as “the DRC” or “the
Chamber”) analysed whether it was competent to deal with the case at hand. In this respect, it
took note that the present matter was presented to FIFA on 29 September 2023 and submitted
for decision on 22 November 2023. 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.
15. Subsequently, the Chamber referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (May 2023), it is competent to deal with the
matter at stake, which concerns an employment-related dispute with an international dimension
between a Hungarian player and a Turkish club.
pg. 4
REF. FPSD-11991
16. Subsequently, 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 (May 2023 edition) and considering that the
present claim was lodged on 29 September 2023, the May 2023 edition of said regulations
(hereinafter: the Regulations) is applicable to the matter at hand as to the substance.
b. Burden of proof
17. The Chamber 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.
c. Merits of the dispute
18. Its competence and the applicable regulations having been established, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all the
above-mentioned facts as well as the arguments and the documentation on file. However, the
Chamber emphasised that in the following considerations it will refer only to the facts, arguments
and documentary evidence, which it considered pertinent for the assessment of the matter at
hand.
i. Main legal discussion and considerations
19. The foregoing having been established, the Chamber moved to the substance of the matter, and
took note of the fact that the parties strongly dispute the entitlement of the Claimant to the
amount requested.
20. In this context, the Chamber acknowledged that it its task was to determine if the Respondent
shall pay to the Claimant the amounts claimed.
21. The Chamber observed that in the First Claim it was deemed proven that the Claimant terminated
the Contract with just cause. Moreover, the DRC confirmed that the amount claimed herein was
not claimed in the First Claim.
22. The Chamber referred to the specific contractual constellation and noted that the Claimant is
requesting the prorata amount of the promotion bonus based on the number of games he played
for the Respondent. Thus, the Chamber was convinced that the amount requested is closely
related to the Claimant’s performance whilst the Contract remained in force. The Chamber
underscored that the Respondent has not challenged the calculation of the prorata bonus
claimed.
23. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the
Chamber decided that the Respondent is liable to pay to the Claimant the amount of EUR 4,000.
24. In addition, taking into consideration the Claimant’s unspecific request as well as the practice of
pg. 5
REF. FPSD-11991
the Chamber in this regard, the latter decided to award the Claimant interest at the rate of 5%
p.a. on the outstanding amounts as from date of claim (i.e. 29 September 2023) until the date of
effective payment.
ii. Compliance with monetary decisions
25. Finally, taking into account the applicable Regulations, the Chamber 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 concerned party to pay the relevant
amounts of outstanding remuneration and/or compensation in due time.
26. In this regard, the DRC 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.
27. Therefore, bearing in mind the above, the DRC 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.
28. 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.
29. The DRC 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
30. The Chamber 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 Chamber decided that no procedural costs were to be imposed on the parties.
31. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25 par. 8 of
the Procedural Rules, and decided that no procedural compensation shall be awarded in these
proceedings.
32. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made by any
of the parties.
pg. 6
REF. FPSD-11991
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Roland Andras Ugrai, is partially accepted.
2.
The Respondent, Pendikspor Futbol A.Ş., must pay to the Claimant the following amount(s):
- EUR 4,000 as outstanding amount plus 5% interest p.a. as from 29 September 2023 until the date
of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated in the
enclosed Bank Account Registration Form.
5.
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.
6.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 7
REF. FPSD-11991
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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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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