DRC Overdue Payables
Texto da decisão
REF. FPSD-14672
Decision of the
Dispute Resolution Chamber
passed on 27 February 2025
regarding an employment-related dispute concerning the player Mario
Balotelli Barwuah
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Andre DOS SANTOS MEGALE (Brazil), Member
Stefano SARTORI (Italy), Member
CLAIMANT:
Mario Balotelli Barwuah, Italy
RESPONDENT:
Yukatel Adana Demirspor A.S., Türkiye
Represented by Juan de Dios Crespo Pérez
pg. 2
REF. FPSD-14672
I. Facts of the case
1.
On 15 September 2023, the Italian player Mario Balotelli Barwuah (hereinafter: the Player
or the Claimant) and the Turkish club Adana Demirspor A.S. (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the aforementioned date until 30 June 2024.
2.
Pursuant to art. 3.1 of the Contract, the Club undertook to pay the Player a net salary of
EUR 3,150,000, payable in 10 equal instalments due on or before the end of the following
month in which it was accrued:
“1) Fixed Remuneration
For each sporting season the Club shall pay the Player a net after-tax yearly salary of Euro
3.150.000,00 (three million one hundred and fifteen thousand euros). The payment of the salary
shall be executed as follows:
1. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
September 2023 to be paid before 31 October 2023;
2. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
October 2023 to be paid before 30 November 2023;
3. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
November 2023 to be paid before 31 December 2023;
4. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
December 2023 to be paid before 31 January 2024;
5. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
January 2024 to be paid before 28 February 2024;
6. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
February 2024 to be paid before 31 March 2024;
7. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
March 2024 to be paid before 30 April 2024;
8. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
April 2024 to be paid before 31 May 2024;
9. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
May 2024 to be paid before 30 June 2024;
10. Euro 315.000 (three hundred and fifteen thousand euros) being the salary for the month of
February 2024 to be paid before 1 July 2024.”
3.
The aforementioned clause also stipulated various bonuses for participation and
performance, as well as an extension option and counter-option.
4.
In the same art. 3, the parties also determined the following:
“1. The Parties agree that the Club shall be solely responsible for the payment of any and all
income taxes, social securities and any other fiscal obligations in Turkey in relation to any
remuneration payable to the Player according to the present Agreement, whether monetary or
pg. 3
REF. FPSD-14672
in kind and whether fixed or variable. If, according to the applicable legislation, payments of any
taxes or contributions shall be made by the Player directly, the Club will increase the Player’s
remuneration to the extent necessary for the Player to be able to benefit of the net, after-tax
remuneration indicated herein. In return the Player shall submit the documents about it. The
payment by the Club to the Player of any and all of the remuneration included in this Agreement
shall be made in EUROS. No other currency will be accepted as to release the Club of its
obligation of payment.
[…] ”
5.
Art. 4 of the Contract established, inter alia, “No waiver or modification of this Agreement or
of any covenant, condition or limitation herein contained shall be valid unless in writing and
duly executed by the party to be charged therewith in the English language. Furthermore, no
evidence of any waiver or modification shall be offered or received in evidence in any proceeding,
arbitration, or litigation between the Parties arising out of or affecting this Agreement, or the
rights or obligations of any party hereunder, unless such waiver or modification is in writing,
duly executed as aforesaid.”
6.
Following a default notice dated 7 December 2023(for outstanding salaries for September
and October 2023, as well as several exchanges of correspondence between the parties,
they signed an Addendum to the Contract (hereinafter: the Addendum) on 23 December
2023. Notably, the Club “hereby expressly acknowledges that it is in default of payment towards
the Player for a total net after-tax salary of 630.000 (six hundred and thirty thousand euros)
(“Overdue Payables”) being the salaries for the months of September and October 2023. Adana
recognizes that it has no justification for the non-payment of the Overdue Payables.” (cf. art. 1.1
of Addendum)
7.
In accordance with art. 2 of the Addendum, the Club’s President personally guaranteed the
payment of the overdue salaries and confirmed that he would provide bank checks to cover
the overdue amounts:
“2.1 The Parties agree that the President hereby personally guarantees the payment of the
Overdue Payables Adana holds towards the Player.
2.2 Furthermore, the President shall personally guarantee net after-tax salary of November 2023
(payable on 31 December 2023) for a total amount of Euro 315.000 (three hundred and fifteen
thousand euros) and provide the Player with one or more bank cheques equal to the same
amount by no later than 22 December 2023 – 20:00. The bank cheque(s) shall be granted in the
President’s personal name and can be cashed by the Player in the event Adana does not pay the
November 2023 salary (payable on 31 December 2023) in a timely manner. The Player can cash
the bank cheque(s) as from 30 January 2024.”
8.
Furthermore, pursuant to arts. 3.1, 4.2 and 4.3 of the Addendum, the Club undertook to
pay the overdue amounts by no later than 5 January 2024. In the event the Club did not
pg. 4
REF. FPSD-14672
pay in full by 5 January 2024, the Player would be entitled to terminate the Contract for just
cause on 6 January 2024 and to cash the bank guarantee for the full amount due. Indeed,
according to art. 4.7 of the Addendum:
“4.7 In the event Adana does not pay timely the net after-tax salary of November 2023 (payable
on 31 December 2023) for a total amount of Euro 315.000 (three hundred and fifteen thousand
euros) timely, the Player shall be allowed to cash the bank guarantee for the November monthly
salary (payable on 31 December 2023). In view of obtaining payment of the aforementioned
salary, the Player shall be entitled to elect if he makes use of the bank cheque(s) issued by the
President or by request compensation for unpaid salaries to the competent court or tribunal,
currently foreseen as the being the FIFA Football Tribunal.”
9.
The Addendum also had enclosed several bank checks provided by the Club and its
President, totalling EUR 945,000. The aforementioned checks were identified as No. 158570
and No. 158571.
10. Moreover, the Addendum also included provisions establishing that the amounts due by
the Club to the Player as a consequence of a decision on the termination of the Contract
and the Addendum would be net, with the Club bearing any and all liabilities for taxes,
social securities and other fiscal obligations whether due in Turkey or in any other state (cf.
art. 4.6 of the Addendum)
11. On 5 January 2024, the Player sent an email correspondence to the Club reminding it of its
obligations under the Addendum and requesting proofs of payment.
12. On 10 January 2024, the Player reminded the Club that it owed him EUR 945,000,
corresponding to the salaries of September, October and November 2023.
13. On or about 23 January 2024, at an in-person meeting, the Club’s President provided
additional bank checks to the Player, totaling EUR 1,755,000, purportedly to be cashed in
the event the Club still failed to pay the amounts already due. According to the Player, these
were meant to cover the 3 net monthly salaries already due at that time in addition to the
following 2 monthly salaries (September, October, November & December 2023, as well as
January 2024) plus legal fees incurred and to be incurred by the Player, travel costs, and
default interest. The aforementioned checks – No. 6001924, No. 6001925, and No. 6001926
– were dated for future dates (April 2024, May 2024, and June 2024, respectively).
14. On 20 February 2024, the Player sent an email to the Club requesting immediate payment
of EUR 1,575,000 net-after-tax by no later than 6 March 2024.
15. On 21 February 2024, the Club replied to the aforementioned email, referencing the inperson meeting on 23 January and the bank checks given to the Player. The Club
maintained that all payments were “rescheduled” by the bank checks, that the checks
pg. 5
REF. FPSD-14672
covered the Player’s receivables until and including January 2024, and that no further dues
were owed to the Player.
16. On 5 March 2024, the Player replied with a rejection of the aforementioned statements by
the Club, stating that the checks were provided as a personal guarantee by the President
in case of further defaults and that the Player has never accepted to release the club from
its obligations or to defer payment. Finally, the Player reiterated his request to receive
payment by 6 March 2024.
17. On 6 March 2024, the Club replied to the above correspondence. In it, the Club reiterated
that the Club had no due payments to the Player, stating that:
-
-
-
-
The Player had received 2 bank checks totaling EUR 945,000 upon signing the
Addendum;
The aforementioned checks were a personal guarantee and could be cashed by
the Player if payment was not made on time. The Player had neither cashed the
checks nor terminated his contract;
The Player had additionally received 3 bank checks totaling EUR 1,755,000;
The aforementioned checks represented an amount larger than what was owed
to the Player for his receivables up until and including January 2024 (EUR
1,575,000);
All of the payments were rescheduled by the bank checks that the Player accepted
and received. Therefore, he could not demand payment when none of the
amounts were due;
The Player had renounced the checks issued as a personal guarantee and totaling
EUR 954,000 for the subsequent checks totaling EUR 1,755,000. However, he had
not returned the checks he had renounced and possessed a total amount in
checks that surpassed his receivables.
18. On 7 March 2024, the Player responded, rejecting the above-described assertions and
insisting that the checks were solely an additional guarantee of payment. Moreover, the
Player reiterated that he had not received any salary during the Contract.
II. Proceedings before FIFA
19. On 19 May 2024, the Player filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
20. According to the Player, the checks provided to him shall constitute personal guarantees
from the Club President and not deferred payment of his salaries.
pg. 6
REF. FPSD-14672
21. The requests for relief of the Player were the following:
“For all the above reasons and for those which may be further added during this proceeding,
and reserving the right to modify the following requests in a supplement of this claim in case the
FIFA DRC grants to file it, the Player respectfully request the FIFA DRC to:
1) Accept the present claim;
2) Order the Club to pay to the Player the overdue payables held by the Club;
3) Decide that the amount of Euro 2.205.000 (two million two hundred and five thousand euros)
is payable by the Club to the Player as per the Employment Agreement;
4) Decide that the amount of compensation requested in point 3 is a net after-tax amount and
to order the Club to assume the responsibility for paying any and all taxes, social security
contribution or other charges in excess of any compensation awarded to the Player;
5) Decide that any amount payable by the Club to the Player is subject to 5% p.a. default interest
as from the date of default of each instalment until the effective date of payment;
6) Award the Player any further or other relief as the FIFA DRC sees fit;
7) Order the Club to bear any and all costs of the proceedings;
8) Apply the sanctions established by article 24 of the FIFA Regulations.”
b. Position of the Respondent
22. In its reply, the Club first highlighted that the Player had departed the Club to receive
surgery in Italy, and did not receive updates regarding his progress with his rehabilitation,
thus creating uncertainty.
23. The Club acknowledged the remittance of the bank checks and argued that the parties had
agreed to reschedule the payments of all salaries payable between September 2023 and
January 2024 as per the 5 bank checks provided.
24. According to the Club, its monetary obligations towards the Player were discharged by
means of 5 different bank checks, and, therefore, the Player’s claim should be rejected as
unfounded and so as to avoid double remuneration for the Player.
25. The Club clearly offered an alternative method of payment to the Player, which the Player
accepted. However, the Player apparently never attempted to cash the bank checks,
though he could have done so. Nonetheless, the Club maintains that the bank checks
pg. 7
REF. FPSD-14672
received by the Player enabled him to receive the payments due at his sole discretion, and
that it shall be considered as a valid method to discharge the obligation for the Club to pay
the Player’s salary (citing CAS 2015/A/4187). In case the Player accepted the bank checks as
an alternative payment method but did not take the necessary steps to cash them – despite
being fully enabled to receive payment within the agreed term – this cannot result in the
Club’s breach of the Contract.
26. Furthermore, allegedly, on 4 March 2024, the Club sent the Player a Request for Defense,
noting that in the match against Trabzonspor AS on 25 February 2024, the Player
committed violations of several articles of the Club’s Disciplinary Regulations. The notice
requested that the Player provide his defence within 48 hours to
i***@adanademirspor.org.tr or he would waive his right to a defence.
27. Subsidiarily, if the primary request for rejecting the Player’s claim was not granted, the Club
requested that the 5 bank checks be returned.
28. The requests for relief of the Club were therefore the following
“In view of all the foregoing, on behalf of Yukatel Adana Demirsmpor, we shall herein respectfully
request the Dispute Resolution Chamber of the FIFA Football Tribunal to issue a decision in the
following terms:
Primarily, to reject the Statement of Claim of the Player;
Subsidiarily, only in case the primary request above was not granted, to order the Player to
return to the Respondent all Bank Cheques received with within 30 days following the
notification of the decision:
- Bank Cheque for the amount of EUR 630,000 (serial No. D1-1581570)
- Bank Cheque for the amount of EUR 630,000 (serial No. D1-1581571)
– Turkiye Is Bankasi cheque for EUR 500,000 (serial No. 6001924)
– Turkiye Is Bankasi cheque for EUR 675,000 (serial No. 6001925)”
c. Rejoinder of the Claimant
29. In his replica, the Player indicated that he attempted to cash the bank checks on 3 May, 5
June, and 5 July 2024. However, the bank declined to cash them due to insufficient funds
in the relevant bank account. The Player provided proof of the stamps affixed to the back
of each check he tried to cash (i.e., the bank checks dated 30 April 2024, 30 May 2024, and
30 June 2024).
30. The Player also amended his request for relief to include the monthly salary payments for
April, May and June 2024, for which he sent default notices on 12 June and 2 July 2024.
pg. 8
REF. FPSD-14672
31. According to the Player, art. 2.1 of the Addendum clearly established the Club President
was providing a personal guarantee to the Player regarding his outstanding salaries. Art.
2.2 of the Addendum also foresaw that the personal guarantee came about in the form of
bank checks to be cashed at the Player’s discretion and subject to the non-payment of the
Player’s salaries. Therefore, the Club’s allegations that the bank checks served as payment
and released the Club of its obligations were inconsistent with the Addendum.
32. Furthermore, the Player argued art. 4.7 of the Addendum provided that it was the Player’s
choice whether to cash the checks issued by the President or file a claim before FIFA.
33. Therefore, the Club was in default of the amounts owed under the Contract, which now
totalled EUR 3,150,000 net.
34. The requests for relief of the Player, as amended, were the following:
“For all the above reasons and for those which may be further added during this proceeding,
and reserving the right to modify the following requests in a supplement of this claim in case the
FIFA DRC grants to file it, the Player respectfully request the FIFA DRC to:
1) Accept the present claim;
2) Order the Club to pay to the Player the overdue payables held by the Club;
3) Decide that the amount of Euro 3.150.000 (three million one hundred and fifteen thousand
euros) is payable by the Club to the Player as per the Employment Agreement;
4) Decide that the amount of compensation requested in point 3 is a net after-tax amount and
to order the Club to assume the responsibility for paying any and all taxes, social security
contribution or other charges in excess of any compensation awarded to the Player;
5) Decide that any amount payable by the Club to the Player is subject to 5% p.a. default interest
as from the date of default of each instalment until the effective date of payment;
6) Award the Player any further or other relief as the FIFA DRC sees fit;
7) Order the Club to bear any and all costs of the proceedings;
8) Apply the sanctions established by article 24 of the FIFA Regulations.”
d. Final comments from the Respondent
35. In its duplica, the Club maintained that its obligations towards the Player were discharged
in full by means of the 5 bank checks, which were issued in the Player’s favor and accepted
by him.
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REF. FPSD-14672
36. The Club further argued that, even if the check holder is unable to cash the checks, as may
have been the case, this does not void the checks or render them useless. Rather, the
checks are valid for at least 3 years, and possibly for 10 years, under the applicable Turkish
law (citing art. 814 and art. 146 of the Turkish Commercial Code).
37. The Club also objected to the amendment of the Player’s request for relief, as it was done
after the filing of the claim and there was a discrepancy between the amount requested.
The Club insisted that the Football Tribunal must adhere to the specific parameters of the
party’s request for relief, which stated “three million one hundred and fifteen thousand euros”
(ne ultra petita).
38. The Club therefore requested that the claim be dismissed and, subsidiarily, that the Player
be ordered to return all bank checks received within 30 days.
pg. 10
REF. FPSD-14672
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
39. 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 19 May 2024 and submitted for decision on
27 February 2025. Taking into account the wording of art. 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.
40. 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 (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.
41. 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 on the Status and Transfer of Players (January 2025 edition), the
aforementioned edition of said regulations (hereinafter: the Regulations) is applicable to the
matter at hand as to the substance.
b. Burden of proof
42. 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
43. 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. 11
REF. FPSD-14672
i. Main legal discussion and considerations
44. The Chamber then moved to the substance of the matter, and took note of the fact that
this case concerned a claim by a Player against a Club for outstanding remuneration.
45. As a starting point, the Chamber noted that the Club did not dispute the allegation that
there was indeed a debt towards the Player. Rather, the Chamber highlighted that the crux
of the dispute lay in whether the bank checks provided by the Club to the Player shall
constitute as full satisfaction of that debt – as the Club avers – or whether they shall be
understood as nothing more than a guarantee of payment that could, in any case, not be
made effective, and that, therefore, the Player was still owed the entire sum claimed.
46. In this context, the Chamber acknowledged that it its task was to detail whether any of the
amounts claimed were indeed overdue and payable.
47. In this respect, the Chamber recalled its jurisprudence whereby it has considered that the
issuance of a check to a player does not sufficiently prove that the amounts were effectively
paid to the player. In accordance with this line of jurisprudence, a check constitutes a form
of credit, and therefore cannot amount to proof of payment if not accompanied by the
relevant banking documentation to demonstrate that the amounts described therein were
effectively cashed (see, inter alia, FPSD-9137, FPSD-10961, FPSD-11520).
48. On that point, the Chamber acknowledged that one such document that could confirm the
payment of the amounts in question would be a confirmation from the bank or the Club’s
bank statements. However, the Chamber underscored that not only have none of the
aforementioned documents been provided, but also the Player has provided proof that,
upon attempting to cash three of those checks, the operation was denied each time due to
insufficient funds.
49. Moreover, the Chamber held that the Club’s arguments concerning the modification of the
due dates of payment with the checks was unsubstantiated. First, such a modification
would not be allowed under art. 4 of the Contract, which contained a clause prohibiting a
waiver or modification of conditions unless certain formal requirements were met, which
was not the case here. Second, it was not sufficiently proven that the Player and the Club
reached any other understanding save for the fact that the checks issued to the Player were
as a guarantee and not to be understood as altering any obligation under the Contract.
50. In sum, the Chamber considered that the Club bore the burden of proving that it indeed
complied the financial terms of the Contract, and, in the Chamber’s view, the Club failed to
do so. Therefore, as the Club was bound to comply with the terms of the Contract by virtue
of the principle of pacta sunt servanda, and considering the Player’s specific requests for
relief (as amended), the Chamber decided to award the Player the amounts owed under
the Contract, i.e., EUR 3,150,000 net plus interest, as follows:
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REF. FPSD-14672
-
5% interest p.a. over the amount of EUR 315,000 as from 31 October 2023 until the
date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 30 November 2023 until
the date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 31 December 2023 until
the date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 31 January 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 28 February 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 31 March 2024 until the
date of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 30 April 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 31 May 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 30 June 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of EUR 315,000 as from 1 July 2024 until the date
of effective payment.
51. Furthermore, as the Player acknowledged that he had checks in his possession with no
possibility of cashing them, the Chamber considered it would be appropriate to request
that the Player return the checks to the Club within 30 days following the notification of
this decision, in order to ensure that no unjust enrichment could take place.
52. Finally, and for the sake of completeness, the Chamber dismissed the remaining
arguments presented by the Club as unfounded.
pg. 13
REF. FPSD-14672
ii. Art. 12bis of the Regulations
53. 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.
54. To this end, the Chamber confirmed that the Player put the Club in default of payment of
the amounts sought, a significant portion of which had fallen due more than 30 days
before, and granted the Club a 10-day deadline to cure such breach of contract.
55. Accordingly, the Chamber confirmed that the Club had delayed a due payment without a
prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
56. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations, it
was empowered to impose sanctions on the Club. In this respect, the Chamber highlighted
the fact that this case represents the latest instance in a long line of art. 12bis infractions
that the Club has accumulated in recent times (cf. art. 12bis par. 6). Having due regard for
the Club’s repeated offences and the substantial sum of overdue payables at issue in this
case which met the formal requirements of art. 12bis, the Chamber decided to impose a
fine of USD 225,000 on the Club in accordance with art. 12bis par. 4 lit. a) of the Regulations.
Moreover, for these same reasons, the Chamber decided that the particular circumstance
of the Club’s accumulation of art. 12bis infractions should be brought to the attention of
the FIFA Disciplinary Committee for further consideration.
57. Lastly, the Chamber highlighted that a repeated offence will once again be considered as
an aggravating circumstance and lead to a more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
58. 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. In this regard, the DRC highlighted that, against clubs, the consequence of the failure
to pay the relevant amounts in due time shall consist, in principle, of a ban from registering
any new players, either nationally or internationally, up until the due amounts are paid.
59. 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.
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REF. FPSD-14672
60. In this respect, the Single Judge recalled that by means of a decision of the Football Tribunal
passed on 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.
61. 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,
and, in particular, the enforcement mechanism established under art. 24 of the
Regulations.
62. 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 further
consideration and formal decision.
63. 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
64. 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.
65. 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.
66. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 15
REF. FPSD-14672
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mario Balotelli Barwuah, is accepted.
2.
The Respondent, Yukatel Adana Demirspor A.S., must pay to the Claimant the following
amount(s):
- EUR 3,150,000 net as outstanding remuneration plus 5% interest p.a. as follows:
3.
−
5% interest p.a. over the amount of EUR 315,000 as from 31 October 2023 until the
date of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 30 November 2023 until the
date of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 31 December 2023 until the
date of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 31 January 2024 until the
date of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 28 February 2024 until the
date of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 31 March 2024 until the date
of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 30 April 2024 until the date
of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 31 May 2024 until the date
of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 30 June 2024 until the date
of effective payment;
−
5% interest p.a. over the amount of EUR 315,000 as from 1 July 2024 until the date of
effective payment.
A fine in the amount of USD 225,000 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-14672:
UBS Zurich
pg. 16
REF. FPSD-14672
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
4.
The Claimant shall return the following checks to the Respondent within 30 days of
notification of this decision, failing which and upon request of the Respondent, the matter
shall be submitted to the FIFA Disciplinary Committee:
−
−
−
−
−
No. 158570
No. 158571
No. 6001924
No. 6001925
No. 6001926
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 is not made within 30 days of notification of this decision, the matter shall
be submitted, upon request of the Claimant, to the FIFA Disciplinary Committee.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 17
REF. FPSD-14672
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
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. 18