DRC Overdue Payables
Texto da decisão
REF. FPSD-18815
Decision of the
Dispute Resolution Chamber
passed on 6 June 2025
regarding an employment-related dispute concerning the player
Youcef Atal
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Khalid AWAD ALTHEBITY (Saudi Arabia), Member
CLAIMANT:
Youcef Atal, Algeria
Represented by Muhammed Emin Ozkurt
RESPONDENT:
Adana Demirspor A.S., Türkiye
Represented by Umur Varat
pg. 2
REF. FPSD-18815
I. Facts of the case
1.
On 9 February 2024, the Algerian player Youcef Atal (hereinafter: the Claimant or the Player)
and the Turkish club Adana Demirspor A.S. (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid as from its date of
signature until 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a
monthly salary of EUR 100,000 net.
3.
In addition, the Contract stipulated that the Respondent undertook to pay the Claimant on
the 30th day of each month a monthly allowance of EUR 1,500 net for accommodation, car
and other expenses.
4.
Lastly, article 8 of the Contract read as follows:
“Each monthly salary shall be paid to the Player until the last day of the relevant month
following the month. If the Club fails to pay the relevant amounts on due date, interest of
10% per annum will be applied until the effective payment date.”
5.
On 27 December 2024, the Claimant put the Respondent in default and requested payment
within 10 days of EUR 507,500 net, plus interest of 10% p.a. over the following amounts:
-
Over the amount of EUR 100,000 net, as from 1 March 2024 until the date of effective
payment;
-
Over the amount of EUR 100,000 net, as from 1 April 2024 until the date of effective
payment;
-
Over the amount of EUR 100,000 net, as from 1 May 2024 until the date of effective
payment;
-
Over the amount of EUR 100,000 net, as from 1 June 2024 until the date of effective
payment; and
-
Over the amount of EUR 100,000 net, as from 1 July 2024 until the date of effective
payment.
pg. 3
REF. FPSD-18815
II. Proceedings before FIFA
6.
On 2 April 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
7.
In his claim, the Claimant argued that the Respondent failed to pay him his monthly salary
of EUR 100,000 net from February 2024 to June 2024, nor the monthly allowance of EUR
1,500 net for accommodation, car and other expenses for the same period.
8.
Therefore, the Claimant’s requests for relief were the following:
“1. To find the claim admissible for consideration and resolution in accordance with Article 12bis
of the RSTP.
2. To order the Club to pay the following outstanding overdue payables to the Player:
➢ NET 507.500.-EUR (five hundred and seven thousand five hundred Euros) with its default
interest in total which is;
• NET 100.000.-EUR (one hundred thousand Euros) of the first monthly salary payment with its
default interest of % [sic] 10 p.a. from 01.03.2024 until the effective payment date,
• NET 100.000.-EUR (one hundred thousand Euros) of the second monthly salary payment with
its default interest of % [sic] 10 p.a. from 01.04.2024 until the effective payment date,
• NET 100.000.-EUR (one hundred thousand Euros) of the third monthly salary payment with its
default interest of % [sic] 10 p.a. from 01.05.2024 until the effective payment date,
• NET 100.000.-EUR (one hundred thousand Euros) of the forth monthly salary payment with its
default interest of % [sic] 10 p.a. from 01.06.2024 until the effective payment date,
• NET 100.000.-EUR (one hundred thousand Euros) of the fifth monthly salary payment with its
default interest of % [sic] 10 p.a. from 01.07.2024 until the effective payment date,
• NET 7.500.-EUR (seven thousand five hundred Euros) of accommodation and car expenses
3. To impose sanctions on the Club under Article 12bis of the RSTP for failing to meet its financial
obligations.
4. To order that procedural costs should be paid by the Respondent.”
pg. 4
REF. FPSD-18815
b. Position of the Respondent
9.
In its reply, the Respondent referred to article 8 of the Contract and stated that the dates
on which the interest requested by the Claimant began to accrue are incorrect. In this
regard, the Respondent also argued that an interest rate of 10% p.a. is excessive and unfair.
10. Furthermore, the Respondent argued that most of its revenues is in Turkish Lira and that
it therefore faces significant financial difficulties, especially due to earthquake that struck
Türkiye on 6 February 2023 and the extreme rise of the Euro against the depreciation of
the Turkish Lira.
11. Therefore, the Respondent’s requests for relief were the following:
“1-To REJECT all the claims of Claimant.
2-The Respondent respectfully request that all of the Claimant’s claims concerning the starting
dates for the interest calculation be dismissed and the interest starting dates indicated by the
Claimant be corrected.
3-If the Tribunal decide opposite, The [sic] Respondent Club kindly requests from Football
Tribunal to rejects the exorbitant interest rate of 10% p.a.
4-If the Tribunal decide opposite, The [sic] Respondent Club kindly requests from Football
Tribunal to reduce the interest rate to 5% p.a. according to Swiss Code of Obligations and FIFA
RSTP.
5-The Respondent Club requests that the sanctions specified in Article 12bis of the FIFA RSTP not
be applied for failure to fulfill [sic] the necessary payment obligations due to the economic
decline resulting from the extraordinary depreciation of the TL against the EURO.
6-To order to pay Claimant to pay legal expenses, judicial cost and attorney fee to the
Respondent.”
pg. 5
REF. FPSD-18815
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. 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 2 April 2025 and submitted for decision on 6
June 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.
13. 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 Algerian player and a Turkish club.
14. 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
15. 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
16. 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. 6
REF. FPSD-18815
i. Main legal discussion and considerations
17. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Contract, namely the Claimant’s remuneration from 9 February 2024 until 30
June 2024 totalling EUR 507,500 net.
18. 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 latter had a valid justification for not
having complied with its financial obligations.
19. The Chamber first noted 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.
20. Then, the Chamber considered that no reasonable justification was presented by the
Respondent for not having complied with the terms of the Contract. In particular, the
Chamber noted that the Club provided some evidence regarding the depreciation of its
national currency to justify its alleged financial difficulties. Nevertheless, the Chamber was
of the opinion that the Club failed to prove that, because of such depreciation, it was unable
to meet its financial obligations. Moreover, the Chamber recalled the longstanding
jurisprudence of the Football Tribunal, that on many occasions has determined that
financial difficulties are not a valid justification for non-payment of contractually agreed
amounts.
21. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the Contract concluded between the parties, namely the Claimant’s remuneration from 9
February 2024 until 30 June 2024.
22. The Chamber observed that the outstanding remuneration of the Player under the
Contract, coupled with his specific requests for relief, amounts to five monthly salaries of
EUR 100,000 net, as well as five monthly allowances of EUR 1,500 net for accommodation,
car and other expenses.
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 outstanding
remuneration of EUR 507,500 net.
pg. 7
REF. FPSD-18815
24. Furthermore, the Chamber considered that the contractually agreed interest rate in article
8 of the Contract, which is applicable to the Player’s monthly salary, is aligned with the
maximum permitted by the jurisprudence of the Football Tribunal. Therefore, taking
into consideration the Player’s request as well as the constant practice of the Football
Tribunal in this regard, the Chamber decided to award him interest at the rate of 10% p.a.
on the outstanding amount of EUR 500,000 net as follows:
•
Over the amount of EUR 100,000 net, as from 1 April 2024 until the date of
effective payment;
•
Over the amount of EUR 100,000 net, as from 1 May 2024 until the date of
effective payment;
•
Over the amount of EUR 100,000 net, as from 1 June 2024 until the date of
effective payment;
•
Over the amount of EUR 100,000 net, as from 1 July 2024 until the date of effective
payment; and
•
Over the amount of EUR 100,000 net, as from 1 August 2024 until the date of
effective payment.
25. Lastly, the Chamber noted that the Player did not request interest over the monthly
allowances for accommodation, car and other expenses. As a consequence, the Chamber
decided that no interest should be awarded over the corresponding amount of EUR 7,500
net.
ii. Art. 12bis of the Regulations
26. The Chamber then 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.
27. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
28. Accordingly, the Chamber also confirmed that the Respondent 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.
29. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. The Chamber also highlighted
pg. 8
REF. FPSD-18815
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.
30. On account of the above, and bearing in mind that the Respondent is a repeated offender,
the Chamber decided to impose a fine of USD 212,500 on the Respondent in accordance
with art. 12bis par. 4 lit. c) of the Regulations.
iii. Compliance with monetary decisions
31. 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.
32. 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.
33. Notwithstanding the above, the Chamber wished to remark that in accordance with art. 24
par. 3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
34. In this respect, the Chamber recalled that by means of a decision of the Football Tribunal
passed on date 23 September 2024 and notified on 4 November 2024, a transfer ban has
been imposed on the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in
the case FPSD-14997.
35. Accordingly, the Chamber established that in casu art. 24 par. 2 of the Regulations shall not
apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
36. In view of the above, the Chamber decided that if the aforementioned sum plus interest is
not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
pg. 9
REF. FPSD-18815
37. 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.
d. Costs
38. 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.
39. 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.
40. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 10
REF. FPSD-18815
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Youcef Atal, is partially accepted.
2.
The Respondent, Adana Demirspor A.S., must pay to the Claimant the following amounts:
- EUR 500,000 net as outstanding remuneration plus 10% interest p.a. as follows:
- 10% interest p.a. over the amount of EUR 100,000 net as from 1 April 2024 until the
date of effective payment;
- 10% interest p.a. over the amount of EUR 100,000 net as from 1 May 2024 until the date
of effective payment;
- 10% interest p.a. over the amount of EUR 100,000 net as from 1 June 2024 until the
date of effective payment;
- 10% interest p.a. over the amount of EUR 100,000 net as from 1 July 2024 until the date
of effective payment; and
- 10% interest p.a. over the amount of EUR 100,000 net as from 1 August 2024 until the
date of effective payment.
- EUR 7,500 net as outstanding amount.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 212,500 is imposed on the Respondent, which must be paid
to FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-18815:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
If full payment (including all applicable interest) is not made within 30 days of notification
of this decision, the present matter will be submitted, upon request of the Claimant, to the
FIFA Disciplinary Committee.
pg. 11
REF. FPSD-18815
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 12
REF. FPSD-18815
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. 13