Labour Disputes
Texto da decisão
REF. FPSD-17203
Decision of the
Dispute Resolution Chamber
passed on 14 April 2025
regarding an employment-related dispute concerning the player Caleb Ansah
Ekuban
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Michele COLUCCI (Italy), Member
Oleg ZADUBROVSKIY (Russia), Member
CLAIMANT:
Caleb Ansah Ekuban, Italy
Represented by Burak Yilmaz
RESPONDENT:
Trabzonspor Futbol, Türkiye
Represented by Duygu Yaşar
pg. 2
REF. FPSD-17203
I. Facts of the case
1.
On 28 August 2018, the Italian player, Caleb Ansah Ekuban (hereinafter: the Player or the
Claimant), and the Turkish club, Trabzonspor Futbol (hereinafter: the Club or the
Respondent), entered into an employment contract (hereinafter: the Contract).
2.
Clause V. f) of the Contract established a sell-on fee to be paid from the Respondent to the
Claimant, as follows:
“The CLUB agrees to pay the PLAYER in the amount equal to 20% of the future transfer fee of
the PLAYER following the full receipt of transfer amount by the CLUB provided that
Trabzonspor A.S. transfers the PLAYER to a 3rd club above a net income of €1,200.000.- ( one
million two hundred thousand Euros ). For the avoidance of doubt if the future transfer sale
is €3,000,000 (three million Euros) the CLUB will deduct €1,200,000 and the PLAYER shall
receive 20% (twenty percent) of €1,800,000 (one million eight hundred thousand Euros) equal
to €360,000 (three hundred sixty thousand Euro).”
3.
On 31 July 2021, the Respondent and the Italian club Genoa Cricket and FC (hereinafter:
Genoa FC) entered into an agreement for transfer of the Claimant from the Respondent to
Genoa FC (hereinafter: the Transfer Agreement).
4.
In accordance with the Transfer Agreement, Genoa FC undertook to pay the Respondent,
inter alia, the following amounts:
-
5.
The Respondent and Genoa FC agreed that the EUR 1,800,000 payment shall be made in
the following instalments:
-
6.
A conditional transfer fee of EUR 1,800,000, payable if Genoa FC earned at least one
point or the Claimant was fielded, both conditions occurring in the 2021/22 season;
a conditional transfer fee of EUR 100,000, payable upon the Claimant making 20
appearances of at least 45 minutes each, in Serie A with Genoa FC’s first team;
a conditional transfer fee of EUR 100,000, payable upon the Claimant making 40
appearances of at least 45 minutes each, in Serie A with Genoa FC’s first team;
a conditional transfer fee of EUR 100,000, payable upon the Claimant making 60
appearances of at least 45 minutes each, in Serie A with Genoa FC’s first team.
EUR 350,000 by 30 November 2021;
EUR 350,000 by 30 April 2022;
EUR 350,000 by 30 November 2022;
EUR 350,000 by 30 April 2023;
EUR 400,000 by 30 November 2023
On 4 November 2024, the Claimant put the Respondent in default of payment of EUR
140,000 setting a 10-day time limit in order to remedy the default.
pg. 3
REF. FPSD-17203
II. Proceedings before FIFA
7.
On 22 November 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
8.
The Claimant held that he is entitled to 20% of the transfer fee exceeding EUR 1,200,000
received by the Respondent.
9.
The Claimant argued that, as of the date of submission, the Respondent had received a
total of EUR 1,900,000 in connection with his transfer, consisting of EUR 1,800,000
corresponding to the first conditional payment and EUR 100,000 corresponding to the
second conditional payment (i.e. making 20 appearances of at least 45 minutes each).
10. Consequently, the Claimant alleged that he is entitled to EUR 140,000 as sell-on fee.
11. In addition, the Claimant held that if he achieves 40 appearances with Genoa FC at the time
of the decision, he will be entitled to EUR 160,000 as sell-on fee.
12. The Claimant’s requests for relief, were the following:
“While the Claimant reserves the right to submit further evidence, arguments and additional
requests as necessary, the Claimant respectfully requests the FIFA Dispute Resolution
Chamber to:
1. Declare that the Respondent breached its contractual obligations under Article V/1(f) of the
Additional Contract.
2. The characterisation of the transfer fee as a “fixed bonus” is invalid, does not exempt it
from its obligations under the sell-on clause, and this shall be accepted as guaranteed
payment.
If only the first bonus is achieved at the time of the decision:
3. Order the Respondent to pay the outstanding sell-on fee of EUR 140,000, plus interest at
5% p.a. from the due date until the date of payment.
If the second bonus is also achieved at the time of the decision:
4. Order the Respondent to pay the outstanding sell-on fee of EUR 160,000, plus interest at
5% p.a. from the due date until the date of payment.
pg. 4
REF. FPSD-17203
5. Award the Claimant reimbursement of legal costs and procedural expenses.”
b. Position of the Respondent
13. In its reply, the Respondent held that the Football Tribunal should not hear the present
dispute, as more than two years have elapsed since the payment of the first two
instalments of the EUR 1,800,000 payment fee (i.e. 30 November 2021 and 30 April 2022).
14. The Respondent further submitted that the remaining instalments, which are not timebarred, amount to EUR 1,140,000, i.e. an amount not exceeding the EUR 1,200,000 sell-on
fee threshold.
15. Alternatively, the Respondent held that the claim should be rejected since it has not yet
fully received the transfer amount from Genoa FC.
16. The Respondent’s requests for relief, were the following:
“In light of the above-mentioned facts, the Respondent respectfully requests the FIFA Dispute
Resolution Chamber to rule as follows:
- The Football Tribunal shall not hear the claim for the sell-on-fee for the transfer fee amount
of €700,000, as more than two years have elapsed since the event that giving rise to sell-onfee. The amount of transfer compensation that can be heard by the Football Tribunal does
not exceed the threshold for the arising of sell-on-fee provided in the Employment Contract,
as a result the present claim is rejected and closed accordingly.
- If this request is not granted, the Respondent has not yet received the entire transfer
compensation. The sell-on-fee stipulated in the Employment Contract is not yet due, as a
result, the present claim is rejected and closed accordingly.”
c. Information retrieved from the Transfer Matching System (TMS)
17. On 2 January 2025, before submitting his replica, the Claimant requested the FIFA General
Secretariat to provide the information available in TMS regarding the payments made by
Genoa FC to the Respondent in connection with the Claimant’s transfer.
18. On 8 January 2025, the FIFA General Secretariat provided the parties with the information
retrieved from TMS, according to which Genoa FC made the following payments to the
Respondent in relation to the transfer:
-
EUR 338,690.47 on 31 March 2022;
EUR 357,212.01 on 6 October 2022;
pg. 5
REF. FPSD-17203
-
EUR 323,057.94 on 3 May 2023;
EUR 356,184.93 on 7 September 2023;
EUR 411,671.23 on 5 July 2024.
d. Replica of the Claimant
19. On 22 January 2025, the Claimant submitted his replica in which he reiterated his claim.
20. The Claimant alleged that, based on the evidence retrieved from TMS, Genoa FC has paid
all five instalments of the EUR 1,800,000 payment to the Respondent.
21. The Claimant further argued that the phrase of the sell-on fee clause of the Contract
“following the full receipt of the transfer amount” should only refer to the EUR 1,800,000 paid
in instalments, as this is a fixed amount. In his view, this condition should not apply to the
conditional payments, which are, by nature, uncertain, as doing so would allow the
Respondent to delay payment indefinitely.
22. In addition, the Claimant argued that the two-year limitation period should be calculated
from the date on which the last fixed instalment was received, i.e. 5 July 2024
23. The Claimant’s requests for relief, as amended, were the following:
“Based on the above arguments, the Claimant respectfully requests the FIFA Dispute
Resolution Chamber to:
1. Confirm that Trabzonspor received transfer income exceeding EUR 1,200,000 in connection
with Mr Ekuban’s transfer to Genoa, including fixed and contingent payments.
2. Declare that the sell-on fee clause applies to all income received by Trabzonspor from the
transfer, including performance bonuses.
3. Order Trabzonspor to pay the outstanding sell-on fee owed to Mr Ekuban, which is 120,000
Euros (According to the Contract, 20% of the amount exceeding 1,800,000 Euros is the Player’s
entitlement. 1,800,000 – 1,200,000 = 600,000 Euros. 20% of this amount is 120,000 Euros.)
4. Order Trabzonspor to pay interest on the fixed amounts from the date of the final
instalment (5 July 2024) received from Genoa.
If only the first conditional performance bonus is achieved:
5. Order Trabzonspor to pay an additional sell-on fee owed to Mr Ekuban, which is 20,000
Euros (As the fixed instalments already exceed the threshold in the contract, 20% of 100,000
Euros can be calculated directly).
pg. 6
REF. FPSD-17203
6. Order Trabzonspor to pay interest on the 20,000 Euros (20% of the first conditional
performance
bonus) starting from the date the payment has been made.
If the second conditional performance bonus is also achieved,
7. Order Trabzonspor to pay an additional sell-on fee owed to Mr Ekuban, which is 20,000
Euros (As the fixed instalments already exceed the threshold in the contract, 20% of 100,000
Euros can be calculated directly)
8. Order Trabzonspor to pay interest on the 20,000 Euros (20% of the second conditional
performance bonus) starting from the date the payment has been made.”
e. Duplica of the Respondent
24. In its duplica, the Respondent reiterated that the sell-on fee should only be triggered upon
the “full receipt of the transfer amount”, as stipulated in the Contract.
25. It asserted that the amounts the Claimant seeks to include as a fixed transfer fee were, in
fact, conditional bonuses linked to Genoa FC’s sporting performance.
26. Furthermore, the Respondent disputed the Claimant’s position regarding the statute of
limitations, stating that the claim, filed in November 2024, exceeds the two-year limitation
period, as the first instalments were paid in March and October 2022.
27. The Respondent also maintained that the sell-on fee was only payable if the total transfer
amount exceeds EUR 1,200,000, which has not yet occurred.
28. Additionally, the Respondent argued that, if the Football Tribunal finds that "full receipt of
the transfer amount" included pending contingent fees, the claim should still be dismissed
as premature.
29. Consequently, the Respondent once again argued that the claim should be rejected.
pg. 7
REF. FPSD-17203
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
30. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) 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 22 November 2024 and submitted for
decision on 14 April 2025. Taking into account the wording of art. 31 and 34 of the January
2025 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.
31. Furthermore, the Chamber 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 (hereinafter: the Regulations) (January
2025 edition), the Dispute Resolution Chamber is competent to deal with the matter at
stake, which concerns an employment-related dispute with an international dimension
between an Italian player and a Turkish club.
32. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
33. 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. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the TMS.
c. Merits of the dispute
34. Having established the competence and the applicable regulations, 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
assessing the matter at hand.
pg. 8
REF. FPSD-17203
i. Main legal discussion and considerations
35. The Chamber then moved to the substance of the matter, noting that it concerned a claim
of a player against a club for outstanding remuneration in connection with a sell-on fee
established in the employment contract concluded between the parties.
36. In this context, the Chamber acknowledged that its task was to determine whether the sellon fee was payable by the Respondent to the Claimant.
37. The Chamber recalled the respective positions of the parties. Firstly, the Claimant
contended that he is entitled to 20% of the amounts received by the Respondent, as it had
effectively received a sum exceeding the EUR 1,200,000 threshold stipulated in the sell-on
fee clause of the Contract.
38. On the other hand, the Chamber took note of the Respondent’s submissions, according to
which it was not liable for the claimed amount since the claim was partially time-barred,
meaning the EUR 1,200,000 threshold had not been reached. The Chamber also noted that
alternatively, the Club contended that it had not received the full amount of the transfer
fee, rendering the claim premature.
39. Subsequently, the Chamber turned its attention to the wording of the contractual clause
establishing the obligation to pay a sell-on fee to the Claimant. The clause read as follows:
“The CLUB agrees to pay the PLAYER in the amount equal to 20% of the future transfer fee of
the PLAYER following the full receipt of transfer amount by the CLUB provided that
Trabzonspor A.S. transfers the PLAYER to a 3rd club above a net income of €1,200.000.- ( one
million two hundred thousand Euros ). For the avoidance of doubt if the future transfer sale
is €3,000,000 (three million Euros) the CLUB will deduct €1,200,000 and the PLAYER shall
receive 20% (twenty percent) of €1,800,000 (one million eight hundred thousand Euros) equal
to €360,000 (three hundred sixty thousand Euro).”
40. Having analysed the wording of said provision, the Chamber observed that the obligation
to pay the sell-on fee would only arise after the full receipt of the transfer amount by the
Respondent.
41. Having established this, the Chamber wished to emphasise that all payments under the
Transfer Agreement were of conditional nature. In this respect, the Chamber considered
that the obligation to pay the sell-on fee to the Claimant should arise either (i) once all
relevant conditions have been fulfilled, and the full transfer amount has been received, or
(ii) once it becomes evident that no further payments would be made (i.e., if the Claimant’s
contract with the Genoa FC is terminated, rendering the remaining contingent fees
unachievable). In the latter scenario, the amounts received by that point would be deemed
the full transfer amount.
pg. 9
REF. FPSD-17203
42. Consequently, the Chamber went to analyse the evidence on file and concluded that the
Respondent had not yet received the full amount stipulated in the Transfer Agreement.
43. Therefore, the Chamber determined that, since certain conditions of the Transfer
Agreement remained outstanding, the claim was to be deemed premature, without
prejudice to any future claim that may be filed by the Claimant in relation to the sell-on fee.
44. For the sake of completeness, the Chamber wished to point out that none of the amounts
at stake were time-barred, given that, as established, the obligation to pay the sell-on fee
to the Claimant would only be triggered once the Respondent has received the full amount
under the Transfer Agreement.
d. Costs
45. 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.
46. 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.
47. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 10
REF. FPSD-17203
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Caleb Ansah Ekuban, is rejected, without prejudice to any claim
that may be filed with FIFA for the sell-on fee remuneration, which was premature at the
date of the claim was lodged.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-17203
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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
pg. 12