DRC Overdue Payables
Texto da decisão
REF FPSD-6762
Decision of the
Dispute Resolution Chamber
passed on 22 August 2022
regarding an employment-related dispute concerning the player CHRISTOPHER ATTYS
BY:
Michele Colucci (Italy), Single Judge of the DRC
CLAIMANT:
Christopher Attys, France
Represented by Ted Dimvula
RESPONDENT:
HNK Sibenik, Croatia
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I.
Facts of the case
1.
On 12 August 2021, the French player, Christopher Attys (hereinafter: Claimant or player) and the
Croatian club, HNK Sibenik (hereinafter: club or Respondent) concluded an employment contract
(hereinafter: contract) valid as from 21 August 2021 until 30 June 2022.
2.
According to the contract, the Respondent undertook to pay the Claimant a monthly salary of EUR
3,000, payable until 15th day of the next month.
3.
On 16 June 2022, the Claimant put the Respondent in default and requested payment of EUR
9,000, corresponding to his salaries of March 2020 to May 2022, within 10 days.
4.
On 28 June 2022, the Claimant put the Respondent in default and reiterated the content of his
previous letter.
II. Proceedings before FIFA
5.
On 20 July 2022, 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
6.
In his claim, the Claimant requested payment of the following monies:
- EUR 9,000 as outstanding remuneration (salaries April to June 2022), plus interest of
5% p.a. as of 15 April 2022;
- EUR 50,000 as “damages for moral prejudice”, plus interest of 5% p.a. as of 15 April
2022.
7.
In this context, the player held having not received the salaries between April and June 2022.
b. Position of the Respondent
8.
In its reply, the Claimant acknowledged the debt of EUR 9,000, but stated that the interest on the
respective salaries would only start the month after the respective salary fell due.
9.
Furthermore, the club rejected the additional claim for damages as unfounded.
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III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred to as
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 20 July 2022 and submitted for
decision on 22 August 2022. Taking into account the wording of art. 34 of the June 2022 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.
11. Subsequently, the Single Judge 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 (July 2022 edition), he is competent to
deal with the matter at stake, which concerns an employment-related dispute with an
international dimension between a French player and a Croatian club.
12. 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 (July 2022 edition), and considering that
the present claim was lodged on 20 July 2022, the July 2022 edition of said regulations
(hereinafter: the Regulations) is applicable to the matter at hand as to the substance.
b. Burden of proof
13. 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 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
14. His competence and the applicable regulations having been established, 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 it will refer only to the facts,
arguments and documentary evidence, which it considered pertinent for the assessment of the
matter at hand.
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i. Main legal discussion and considerations
15. The foregoing having been established, the Single Judge moved to the substance of the matter,
and took note of the fact that the parties dispute the amount of the outstanding remuneration
claimed by the player.
16. In this context, the Single Judge acknowledged that his task was to determine if the Claimant is
entitled to the outstanding remuneration and if yes, to what extent.
17. Subsequently, the Single Judge noted that the Respondent acknowledged a debt towards the
player, but held that that the interest on the respective salaries would only start the month after
the respective salary fell due.
18. Therefore, the Single Judge established that, taking into account the contract, the player is
entitled to EUR 9,000, corresponding to the salaries between April until June 2022.
19. Furthermore, the Single Judge rejected the claim for damages as there is no contractual basis.
ii. Consequences
20. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the
Single Judge decided that the Respondent is liable to pay to the Claimant the amount of EUR 9,000.
21. In addition, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Single Judge decided to award the Claimant interest at the
rate of 5% p.a. on the outstanding amounts as from 16th day of the following month until the date
of effective payment.
iii. Compliance with monetary decisions
22. In continuation, 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.
23. 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 more than 30 days before, and granted the club a 10-day
deadline to cure such breach of contract.
24. Accordingly, the Single Judge confirmed that the club had delayed a due payment without a prima
facia contractual basis. It followed that the criteria enshrined in art. 12bis of the Regulations was
met in the case at hand.
25. 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
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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.
26. In this connection, the Single Judge highlighted that a repeated offence will be considered as an
aggravating circumstance and lead to a more severe penalty in accordance with art. 12bis par. 6
of the Regulations.
27. 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 concerned party to pay the
relevant amounts of outstanding remuneration and/or compensation in due time.
28. 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.
29. 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.
30. 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.
31. 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
32. 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.
33. Likewise and for the sake of completeness, the Single Judge ecalled the contents of art. 25 par. 8
of the Procedural Rules, and decided that no procedural compensation shall be awarded in these
proceedings.
34. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, CHRISTOPHER ATTYS, is partially accepted.
2.
The Respondent, HNK Sibenik, has to pay to the Claimant, the following amount(s):
- EUR 3,000 as outstanding remuneration plus 5% interest per annum as from 16 May 2022 until
the date of effective payment;
- EUR 3,000 as outstanding remuneration plus 5% interest per annum as from 16 June 2022 until
the date of effective payment;
- EUR 3,000 as outstanding remuneration plus 5% interest per annum as from 16 July 2022 until
the date of effective payment.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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).
CONTACT INFORMATION
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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