Labour Disputes
Texto da decisão
REF. FPSD-17796
Decision of the
Dispute Resolution Chamber
passed on 29 May 2025
regarding an employment-related dispute concerning the player
Aias Aosman
BY:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Johan VAN GAALEN (South Africa), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Aias Aosman, Germany
Represented by Umur Varat
RESPONDENT:
Genclerbirligi, Türkiye
pg. 2
REF. FPSD-17796
I. Facts of the case
1.
On 11 January 2024, the German player Aias Aosman (hereinafter: the Claimant or the
Player) and the Turkish club Genclerbirligi (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid as from its date of
signature until 30 June 2025.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows:
“2023/2024 Season:
A. A total down payment of 35,000 Euros (net) will be paid to the player in two instalments for
the 2023/2024 season.
Payment method;
January 2024 - 20,000-Euro (net)
February 2024 - 15,000-Euro (net)
B. The Player shall be paid the total amount of 90.000.-Euro (net) for the 2023/2024 Season, in
accordance with the following schedule:
20.02.2024
20.03.2024
20.04.2024
20.05.2024
22.500.-Euro
22.500.-Euro
22.500.-Euro
22.500.-Euro
• The footballer will be paid €6,000 for house and car expenses.
C. Contingent Participation and Achievement Premiums:
1. The Player shall be entitled to a bonus in the amount of 15.000.-Euro, in case the Club is
promoted to the upper league (TFF Super League) at the end of the 2023/2024 season, based on
its sporting success and the promotion is confirmed by TFF with the registration of the season.
2. The Player shall be entitled to a bonus in the amount of 5.000.-Euro, to be paid within 60 days
from the end of the season by TFF, in case he scores or assists at least 5 goals in the official
league (TFF 1st League) matches of the A team category, during the 2023/2024 season. For the
sake of clarity, each goal and assist shall count as one for the interpretation of this article and
the total number of goals and assists achieved by the Player in official league games during the
season must reach to 5 for the Player to be entitled to the bonus amount. After total 5 goal/assist
each goal/assist is going to be 1000-Euros.
pg. 3
REF. FPSD-17796
The 2024/2025 Season if the club is competing in the TFF 1st (second place) League:
A. A total down payment of 55,000 Euros will be paid to the player in two installments [sic] for
the 2024/2025 season.
Payment method
30.08.2024 - 30,000-Euro (net)
30.09.2024 - 25,000-Euro (net)
B. The Player shall be paid the total amount of 200.000.- Euro (net) for the 2024/2025 Season,
in accordance with the following schedule:
20.09.2024
20.10.2024
20.11.2024
20.12.2024
20.01.2025
20.02.2025
20.03.2025
20.04.2025
20.05.2025
20.06.2025
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
20.000.-Euro
• The footballer will be paid €12,000 for house and car expenses.
C. Contingent Participation and Achievement Premiums:
1. The Player shall be entitled to a bonus in the amount of 25.000.-Euro, in case the Club is
promoted to the upper league (TFF Super League) at the end of the 2024/2025 season, based on
its sporting success and the promotion is confirmed by TFF with the registration of the season.
2. The Player shall be entitled to a bonus in the amount of 5.000.-Euro, to be paid within 60 days
from registration of the season by TFF, in case he scores or assists at least 5 goals in the official
league (TFF 1st, League) matches of the A team category, during the 2024/202 season. For the
sake of clarity, each goal and assist shall count as one for the interpretation of this article and
the total number of goals and assists achieved by the Player in official league games during the
season must reach to 5 for the Player to be entitled to the bonus amount. After total 5 goal/assist
each goal/assist is going to be 1000-Euros.
The 2024/2025 Season if the club is competing in the TFF Super League:
A. A total down payment of 60,000 Euros will be paid to the player in two installments [sic] for
the 2024/2025 season.
pg. 4
REF. FPSD-17796
Payment method
30.08.2024 - 30,000-Euro (net)
30.09.2024 - 30,000-Euro (net)
A. The player will be paid a total of 300.000.-Euro (net) for the 2024/2025 season as follows:
20.09.2024
20.10.2024
20.11.2024
20.12.2024
20.01.2025
20.02.2025
20.03.2025
20.04.2025
20.05.2025
20.06.2025
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
30.000.-Euro
• The footballer will be paid € 12,000 for house and car expenses.
B. Contingent Participation and Achievement Premiums:
1. The Player shall be entitled to a bonus in the amount of 10.000.-Euro, to be paid within 60
days from registration of the season by TFF, in case he scores or assists at least 5 goals in the
official league (TFF Super League) matches of the A team category, during the 2024/2025 season.
for the sake of clarity. each goal an assist shall count as one for the interpretation of this article
and the total number of goals and assists achieve by the Player in official league games during
the season must reach to 5 for the Player to be entitled to the bonus amount. After total 5
goal/assist each goal/assist is going to be 2000-Euros.
2. In the 2024/2025 season, the player is entitled to a premium of 20,000.-Euro if he starts the
game with the top 11 in at least 20 competitions of the official league competitions of the A team
category.
3. If the A Team wins the Turkish Cup in the 2024/25 season, the football player is entitled to a
50,000-Euro bonus payment.
4. If the A Team finishes the league in the top 4 places at the end of the 2024/25 season, the
player is entitled to a 50,000-Euro bonus payment.”
3.
In addition, the Contract stipulated the following:
“1. Amounts mentioned under this contract are net of Turkish taxes which are subject to
stoppage. that the Clut is obliged to pay only. The amounts mentioned under this contract are
pg. 5
REF. FPSD-17796
net of all Turkish taxes (existing and future) payable on the amounts paid by the club, of all
social charges and/or insurance contributions, of all bank fee, of all exchange fees and/or losses
and of all deductions of any kind whatsoever.
2. The guaranteed payments, including the down payments, are foreseen for the whole
respective season. ln case the present contract is terminated prematurely by the Player, by the
Club or mutually, the unamortized part of the guaranteed payments to be calculated in pro rata
temporis basis will be reimbursed by the Player to the Club within five days following the
termination of the contract, regardless of the grounds and reason for termination. In case the
player terminates the contract with just cause or the club terminates the contract without just
cause, this article does not apply.”
4.
On 22 October 2024, the Claimant put the Respondent in default and requested payment
within 15 days of outstanding remuneration amounting to EUR 215,750 net.
5.
On 5 December 2024, the Claimant put again the Respondent in default and requested
payment within 15 days of outstanding remuneration amounting to EUR 178,000 net.
6.
On 21 December 2024, the Claimant terminated the Contract with the Respondent.
7.
On 10 February 2025, the Player signed an employment contract with the club KFG
GOSTIVAR AD from the Republic of North Macedonia, valid as from its date of signature
until 14 June 2025.
8.
According to the said employment contract with KFG GOSTIVAR AD, the Player is entitled
to a monthly salary of MKD 46,200 net.
II. Proceedings before FIFA
9.
On 15 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
10. In his claim, the Player argued that he terminated the Contract with just cause for
outstanding salaries.
11. The Claimant’s requests for relief were the following:
“1. Respondent Club to pay 198.000 Euro net as outstanding remuneration.
2. To determine termination made by the Claimant is termination with just cause and condemn
Respondent to compensate 120.000 Euro net.
pg. 6
REF. FPSD-17796
3. to condemn Respondent to pay the Claimant an additional compensation for six months
amount of 120.000 Euro.
4. to apply %5 interest per annum from the following dates until the effective payment date:
20.03.2024
20.04.2024
20.05.2024
30.08.2024
30.09.2024
20.09.2024
20.10.2024
20.11.2024
20.12.2024
21.12.2024
21.12.2024
21.12.2024
6.000,00 Euro
22.500,00 Euro
22.500,00 Euro
30.000 Euro
25.000 Euro
20.000 Euro
20.000 Euro
20.000 Euro
20.000 Euro
12.000 Euro
120.000 Euro
120.000 Euro
2022/2023 monthly payment
2022/2023 monthly payment
2022/2023 monthly payment
2024/2025 down payment
2024/2025 down payment
2024/2025 monthly payment
2024/2025 monthly payment
2024/2025 monthly payment
2024/2025 monthly payment
House and car expenses
Compensation
Additional compensation
5. In case Respondent fails to pay the below mentioned amounts, apply Article 24 bis of FIFA
RSTP and Club to be banned from registering any new players, either nationally or
internationally for three entire and consecutive registration periods.
6. To fix a sum of 20.000 CHF to be paid by the Respondent to the Claimant, to contribute to the
payment of its legal fees and costs and to order the Respondent to pay the whole administration
costs and fees.”
b. Reply of the Respondent
12. In its reply, the Respondent pointed out that the Claimant sustained a serious injury during
the match held on 4 February 2024, and subsequently underwent knee surgery in February
2024. In this regard, the Club argued that the Player’s acted with bad faith by benefiting
from the Club’s financial and medical support during his injury period and then unilaterally
terminating the Contract after his recovery, which constitutes a violation of FIFA’s
fundamental ethical principles and international sports law, particularly regarding the
principles of loyalty and integrity.
13. In addition, the Respondent submitted a signed copy of an undated agreement allegedly
concluded with the Claimant to terminate the Contract (hereinafter: the Termination
Agreement), which read as follows:
“Professional Footballer Agreement between Aias AOSMAN (hereinafter referred to as Footballer)
and Genclerbirligi Sports Club (hereinafter referred to as Club) (Both will be referred to as the
Parties) and dated 11.01.2024 and ended 30.06.2025; The player requested early termination
pg. 7
REF. FPSD-17796
of the contract. The Club accepted the Player's request and the Parties mutually agreed on the
premature termination of the employment contract in accordance with the following conditions.
Parties mutually and amicably agreed as follows:
a. The parties mutually and amicably terminated all contracts and annexes between them,
including but not limited to the Professional Football Player Agreement dated 11.01.2024 and
ending on 30.06.2025, mutually and with immediate effect.
b. The Footballer Club has fully and irrevocably released its obligations arising from the
Professional Footballer Agreement dated 11.01.2024 and ending 30.06.2025 all contracts and
their annexes, without limitation. In sake of clarity, the Player hereby declares and accepts that
he will not have any claims from the Club; as compensation, remuneration or in any other name.
[…]”
14. In support of its position, the Respondent also submitted a signed copy of an undated
protocol (hereinafter: the Protocol) allegedly concluded with the Claimant, which read as
follows:
“If the player suffers an injury to the cartilage, meniscus or cruciate ligaments of any knee during
the contract period and this injury prevents him from playing in 3 or more consecutive matches,
the Club has the right to terminate the contract. In case of injury, the report provided by the
Club Doctor and the Sponsor hospital will be valid. […]”
15. Considering the foregoing, the Respondent requested the rejection of all claims made by
the Claimant as it considers them excessive, unreasonable, and without legal grounds.
c. Replica of the Claimant
16. In his replica, the Claimant reiterated that he terminated the Contract with just cause for
outstanding salaries as the Respondent owed him EUR 198,000 net on 21 December 2024.
17. In addition, the Claimant argued that the Respondent’s assertion of bad faith is unfounded,
as he sent two default notices before unilaterally terminating the Contract.
18. Regarding the Termination Agreement and the Protocol submitted by the Respondent, the
Claimant argued that they are invalid and pointed out that they not dated.
d. Duplica of the Respondent
19. In its duplica, the Respondent reiterated its initial position and noted that if the Player had
not terminated the Contract, he would have received all of his outstanding remuneration,
as demonstrated by the fact that it proceeded with a significant payment of the Player’s
outstanding remuneration in the month preceding the termination of the Contract.
pg. 8
REF. FPSD-17796
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
20. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 15 January 2025 and submitted for decision
on 29 May 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.
21. 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 DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a German player
and a Turkish club.
22. 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
23. 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 Transfer Matching System (TMS).
c. Merits of the dispute
24. 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. 9
REF. FPSD-17796
i. Main legal discussion and considerations
25. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the legality of the early termination of the Contract by the
Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the Contract, in accordance with art. 14bis of the Regulations.
26. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
27. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
28. In the present matter, the Chamber noted that the Claimant claims not having received his
remuneration corresponding to EUR 178,000 net under the Contract. Furthermore, the
Chamber noted that the Claimant has provided written evidence of having put the
Respondent in default on 5 December 2024, i.e. at least 15 days before unilaterally
terminating the Contract on 24 December 2024.
29. The Chamber then underlined that, in the case at hand, the Respondent bore the burden
of proving that it indeed complied with the financial terms of the Contract concluded
between the parties. Nonetheless, the Chamber observed that the Respondent failed to
provide any evidence to prove the payment of the amounts claimed as outstanding by the
Claimant.
30. In continuation, the Chamber recalled that the Claimant disputed the validity of the
Termination Agreement and the Protocol submitted by the Respondent, which read, in
relevant part, as follows:
Termination Agreement
“[…] The player requested early termination of the contract. The Club accepted the Player's
request and the Parties mutually agreed on the premature termination of the employment
contract in accordance with the following conditions.
Parties mutually and amicably agreed as follows:
a. The parties mutually and amicably terminated all contracts and annexes between them,
including but not limited to the Professional Football Player Agreement dated 11.01.2024 and
ending on 30.06.2025, mutually and with immediate effect.
pg. 10
REF. FPSD-17796
b. The Footballer Club has fully and irrevocably released its obligations arising from the
Professional Footballer Agreement dated 11.01.2024 and ending 30.06.2025 all contracts and
their annexes, without limitation. In sake of clarity, the Player hereby declares and accepts that
he will not have any claims from the Club; as compensation, remuneration or in any other name.
[…]”
Protocol
“If the player suffers an injury to the cartilage, meniscus or cruciate ligaments of any knee during
the contract period and this injury prevents him from playing in 3 or more consecutive matches,
the Club has the right to terminate the contract. In case of injury, the report provided by the
Club Doctor and the Sponsor hospital will be valid. […]”
31. Regarding the content of the Termination Agreement, the Chamber outlined that the
document is not dated and that its mere signature is not sufficient to ensure its
enforceability. In particular, the DRC recalled its consistent jurisprudence, as well as that
of the CAS, which establishes that, in concrete terms, to assess whether a transaction is
permissible, the court/deciding body is required to conduct a balancing of interests,
checking whether the mutual claims waived by each party are of comparable value. Put
differently, whether there is an appropriate equivalence between the parties’ reciprocal
concessions, especially when a waiver is included in the relevant document.
32. In this respect, the Chamber determined that the Termination Agreement did not establish
reciprocal concessions of comparable importance between the parties. In particular, the
Chamber noted that the Termination Agreement stipulated that the Player would not claim
any remuneration or compensation from the Club, while in fact, he had more than two
outstanding monthly salaries and had put the Club in default in this regard. In other words,
the Chamber considered that the Termination Agreement waived the right of the Player to
his outstanding remuneration and to terminate the Contract with just cause pursuant to
art. 14bis of the Regulations without benefiting from any concession from the Club.
33. In addition to the foregoing, the Chamber deemed that the Player could not have validly
waived his outstanding remuneration, as it concerned a period of time in which his work
had already been performed and that, consequently, the provision under which he
purportedly waived his entitlement to said amounts was unenforceable.
34. Therefore, the Chamber found that the Termination Agreement, cannot be considered
valid.
35. In continuation, the Chamber assessed the validity of the Protocol, observed that the
document is not dated, and reiterated that the mere signature of a document is not
sufficient to ensure its enforceability. Regarding the content of the Protocol, the Chamber
ruled that it cannot be considered valid as it stipulated that the Club had the right to
terminate the Contract if the Player suffered an injury during the employment relationship.
In particular, the Chamber pointed out that the termination of a player’s employment
pg. 11
REF. FPSD-17796
contract because of his injury under these circumstances finds no support in the DRC’s
long-standing jurisprudence on this subject or in the principles of contractual stability
enshrined in the Regulations.
36. For the sake of completeness, the Chamber pointed out the contradiction between the
Protocol and the Termination Agreement, in that both documents purport to terminate the
same employment contract, which argues in favour of the invalidity of the mutual
agreement between the Claimant and the Respondent to terminate their employment
relationship.
37. Thus, on account of the above considerations, the Chamber concluded that the Claimant
had a just cause to unilaterally terminate the Contract, based on art. 14bis of the
Regulations.
ii. Consequences
38. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
39. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player amounts to EUR 198,000 net, as
detailed below:
•
EUR 6,000 net as the balance of the monthly salary of March 2024;
•
EUR 22,500 net as the monthly salary of April 2024;
•
EUR 22,500 net as the monthly salary of May 2024;
•
EUR 30,000 net as the first down payment of the season 2024-2025;
•
EUR 20,000 net as the monthly salary of September 2024;
•
EUR 25,000 net as the second down payment of the season 2024-2025;
•
EUR 20,000 net as the monthly salary of October 2024;
•
EUR 20,000 net as the monthly salary of November 2024;
•
EUR 20,000 net as the monthly salary of December 2024;
•
EUR 12,000 net as the house and car expenses for the season 2024-2025.
pg. 12
REF. FPSD-17796
40. 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 amounts
which were outstanding under the Contract at the moment of the termination, i.e. EUR
198,000 net.
41. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
•
Over the amount of EUR 6,000 net, i.e. the balance of the monthly salary of March
2024, as from 21 March 2024 until the date of effective payment;
•
Over the amount of EUR 22,500 net, i.e. the monthly salary of April 2024, as from
21 April 2024 until the date of effective payment;
•
Over the amount of EUR 22,500 net, i.e. the monthly salary of May 2024, as from
21 May 2024 until the date of effective payment;
•
Over the amount of EUR 30,000 net, i.e. the first down payment of the season
2024-2025, as from 31 August 2024 until the date of effective payment;
•
Over the amount of EUR 20,000 net, i.e. the monthly salary of September 2024,
as from 21 September 2024 until the date of effective payment;
•
Over the amount of EUR 25,000 net, i.e. the second down payment of the season
2024-2025, as from 1 October 2024 until the date of effective payment;
•
Over the amount of EUR 20,000 net, i.e. the monthly salary of October 2024, as
from 21 October 2024 until the date of effective payment;
•
Over the amount of EUR 20,000 net, i.e. the monthly salary of November 2024,
as from 21 November 2024 until the date of effective payment;
•
Over the amount of EUR 20,000 net, i.e. the monthly salary of December 2024, as
from 21 December 2024 until the date of effective payment;
•
Over the amount of EUR 12,000 net, i.e. the house and car expenses for the
season 2024-2025, as from the date of termination of the Contract, i.e. 21
December 2024, until the date of effective payment.
42. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the player by the club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
pg. 13
REF. FPSD-17796
for in the employment contract at the basis of the dispute, taking into account the damage
suffered, according to the “positive interest” principle, having regard to the individual facts
and circumstances of each case and with due consideration for the law of the country
concerned.
43. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
44. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Club to the Player had to be assessed in application of the
other parameters set out in art. 17 par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the Player by the Club shall
be equal to the residual value of the Contract that was prematurely terminated, unless the
Player signed a new employment contract following the termination of his previous one (cf.
art. 17 par. 1 lit. i)).
45. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 120,000 net (i.e. the monthly salaries from January 2025
until June 2025) serves as the basis for the determination of the amount of compensation
for breach of contract.
46. In continuation, the Chamber verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration
under a new employment contract shall be taken into account in the calculation of the
amount of compensation for breach of contract in connection with the player’s general
obligation to mitigate his damages.
47. Indeed, the Player found employment with the club KFG GOSTIVAR AD from the Republic
of North Macedonia. In accordance with the pertinent employment contract, the Player is
entitled to a monthly salary of MKD 46,200 net. Therefore, the Chamber concluded that the
Claimant mitigated his damages in the total amount of MKD 184,800 net, that is, 4 times
(February 2025 - June 2025) MKD 46,200 net, which corresponds to EUR 2,979.59 net on
the date of termination of the Contract.
48. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
pg. 14
REF. FPSD-17796
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason i.e. overdue payables by the Respondent, and
therefore decided that the Claimant shall receive additional compensation.
49. In this respect, the DRC decided to award the amount of additional compensation of EUR
2,979.59 net as the overall compensation may never exceed the rest value of the
prematurely terminated contract.
50. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
EUR 120,000 net to the Claimant (i.e. EUR 120,000 net minus EUR 2,979.59 net plus EUR
2,979.59 net), which was to be considered a reasonable and justified amount of
compensation for breach of contract in the present matter.
51. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
on said compensation at the rate of 5% p.a. as of 21 December 2024 until the date of
effective payment.
iii. Compliance with monetary decisions
52. 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.
53. 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.
54. 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.
55. 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.
pg. 15
REF. FPSD-17796
56. 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
57. 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.
58. 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.
59. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-17796
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Aias Aosman, is partially accepted.
2.
The Respondent, Genclerbirligi, must pay to the Claimant the following amounts:
- EUR 198,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 6,000 net as from 21 March 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 22,500 net as from 21 April 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 22,500 net as from 21 May 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 30,000 net as from 31 August 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 20,000 net as from 21 September 2024 until
the date of effective payment;
- 5% interest p.a. over the amount of EUR 25,000 net as from 1 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 20,000 net as from 21 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 20,000 net as from 21 November 2024 until
the date of effective payment;
- 5% interest p.a. over the amount of EUR 32,000 net as from 21 December 2024 until
the date of effective payment.
- EUR 120,000 net as compensation for breach of contract plus 5% interest p.a. as from
21 December 2024 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.
pg. 17
REF. FPSD-17796
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. 18
REF. FPSD-17796
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:
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 19