Labour Disputes
Texto da decisão
REF. FPSD-15193
Decision of the
Dispute Resolution Chamber
passed on 12 September 2024
regarding an employment-related dispute concerning the player Pedro Filipe
Moreira Barbosa
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Andre DOS SANTOS MEGALE (Brazil), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Pedro Filipe Barbosa Moreira, Portugal
Represented by Joao Filipe Lobao
RESPONDENT:
MKE Ankaragucu SK, Türkiye
pg. 2
REF. FPSD-15193
I. Facts of the case
1.
On 18 July 2022, the Portuguese player Pedro Filipe Barbosa Moreira (hereinafter: the Player
or the Claimant) and the Turkish club MKE Ankaragucu SK (hereinafter: the Club or the
Respondent) entered into an employment contract valid from the signing date to 31 May
2024 (hereinafter: the Contract).
2.
Pursuant to clause 3 of the Contract, the Club undertook to pay to the Player, inter alia, the
following amounts:
•
Season 2022/2023:
o
EUR 460,000 net in monthly salaries payables as follows:
o
•
EUR 46,000 net on 31 August 2022;
EUR 46,000 net on 30 September 2022;
EUR 46,000 net on 31 October 2022;
EUR 46,000 net on 30 November 2022;
EUR 46,000 net on 31 December 2022;
EUR 46,000 net on 31 January 2023;
EUR 46,000 net on 28 February 2023;
EUR 46,000 net on 31 March 2023;
EUR 46,000 net on 30 April 2023;
EUR 46,000 net on 31 May 2023.
EUR 10,000 net “to contribute to the Player’s accommodation, flight and car
expenses by 31.08.2022”.
Season 2023/2024:
o
EUR 550,000 net in monthly salaries payables as follows:
EUR 55,000 net on 31 August 2023;
EUR 55,000 net on 30 September 2023;
EUR 55,000 net on 31 October 2023;
EUR 55,000 net on 30 November 2023;
EUR 55,000 net on 31 December 2023;
EUR 55,000 net on 31 January 2024;
EUR 55,000 net on 28 February 2024;
EUR 55,000 net on 31 March 2024;
EUR 55,000 net on 30 April 2024;
EUR 55,000 net on 31 May 2024.
pg. 3
REF. FPSD-15193
o
EUR 10,000 net “to contribute to the Player’s accommodation, flight and car
expenses by 31.08.2023”.
3.
On 6 May 2024, the Player sent the Club a notice of default asking for payment of EUR
230,000, corresponding to the salaries from January to April 2024 à EUR 55,000 each in
addition to the annual contribution towards his expenses in the amount of EUR 10,000.
The Player gave the Club 15 days to remedy the breach under penalty of termination.
4.
On 22 May 2024, the Player confirmed receipt solely of only the January 2024 salary and
therefore notified the Club of the termination of the Contract due to overdue payables.
5.
On 23 May 2024, the Club paid the Player EUR 27,500.
6.
On 10 June 2024, the Player acknowledged receipt of the above amount and demanded
payment of EUR 202,499.99, corresponding to his outstanding remuneration (EUR
187,833.33) and compensation for breach of contract (EUR 14,666.66). The Player granted
the Club a further 10 days to remedy its default.
7.
On 1 August 2024, the Player signed a new employment agreement with the Turkish club
Kocaelispor Kulubu. It should be noted that there was no overlap with the term of the
Contract.
II. Proceedings before FIFA
8.
On 11 July 2024, the Player filed the claim at hand before FIFA. In his claim, the Player
alleged that the Club failed to fulfill with its financial obligations under the Contract, which
led to its premature termination on 22 May 2024 (cf. art. 14bis of the FIFA Regulations on
the Status and Transfer of Players – RSTP).
9.
The Player’s requests for relief were as follows, quoted verbatim:
“I. The Player respectfully request to the Dispute Resolution Chamber to recognize that
he had just cause to terminate the sports employment agreement;
II. The Player respectfully request to the Dispute Resolution Chamber to recognize that
Club is in debt with him in an amount no less than € 202.499,99 (two hundred and two
thousand four hundred and ninety nine euros and ninety nine cents) on the following
terms:
a.
€ 177 833,33 one hundred and seventy seven thousand eight hundred and
thirty three euros and thirty three cents) as salary.
i.
€27.500,00) of February 2024 (due and unpaid since 28th February
2024),
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REF. FPSD-15193
ii.
iii.
b.
(€55.000,0) of March 2024 (due and unpaid since 31st March 2024);
(€55.000,0) of April 2024 (due and unpaid since 30th April 2024);
€10.000,00 ten thousand euros) house allowance due as off 31th August 2023
c.
€14.666,66 (forty thousand six hundred and sixty six euros and sixty six cents)
compensation as breach with just cause as of 22th May 2024;
III. The Clubs is ordered to pay the net plus 5% interest over due 202.499,99 (two hundred
and two thousand four hundred and ninety' nine euros and ninety nine cents) as of the
payment dates defined in the contract.
IV - The Decision shall be executed in accordance with Art. 24 bis FIFA RSTP and also
include a decision about the consequences of the Club failure to pay the amounts
according to request for relief no. II and III”.
10. The Club failed to respond to the claim despite being invited to do so.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. 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 11 July 2024 and submitted for decision on
12 September 2024. Taking into account the wording of art. 34 of the March 2023 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.
12. 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 (June 2024 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 a Portuguese player
and a Turkish club.
13. 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. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition) and
considering that the present claim was lodged on 11 July 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
pg. 5
REF. FPSD-15193
b. Burden of proof
14. 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
15. 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.
i. Main legal discussion and considerations
16. The Chamber moved to the substance of the matter and noted that it concerned a claim
by the Player against the Club for outstanding remuneration and compensation for breach
of contract.
17. On the other hand, the DRC took into account that the Club, for its part, did not submit any
response to the Player’s claim, despite having been invited to do so. The DRC therefore
considered that the Club has waived its right of defence and had thus accepted the Player’s
allegations. It also confirmed that it should reach its decision on the basis of the evidence
and arguments submitted by the Player in accordance with art. 14 par. 1 of the Procedural
Rules.
18. In the absence of any evidence to disprove the Player’s allegations, the Chamber
acknowledged that at least four of his monthly salaries were outstanding at the time the
default notice was sent (i.e., from January until April 2024). Furthermore, the Player gave
the Club a reasonable deadline (i.e., 15 days) to fully remedy the breach, but to no avail.
19. Consequently, the DRC established that such a persistent and substantial breach of the
contractual obligations by the Club would already justify the unilateral termination of the
Contract and, in accordance with the settled jurisprudence of the DRC, would also render
the Club liable for breach of contract.
20. On the basis of the factual and contractual situation, the Chamber decided that the Player
had just cause to terminate the Contract in accordance with art. 14bis of the Regulations.
pg. 6
REF. FPSD-15193
21. The DRC determined that the Club should then be liable for consequences that follow.
ii. Consequences
22. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
23. The Chamber found that the outstanding remuneration at the time of the termination,
together with the Player’s specific requests for relief, was equivalent to the balance of his
salary for February and the full salaries from March until May 2024.
24. In addition, taking into account the Player’s request and the Chamber’s consistent practice
in this regard, the latter has decided to award him interest at the rate of 5% p.a. on each of
the salaries from the respective due dates until the date of actual payment, to be calculated
as follows:
•
•
•
•
EUR 27,500 net as the balance of the salary for February 2024, plus interest from 1
March 2024;
EUR 55,000 net as the salary for March 2024, plus interest from 1 April 2024;
EUR 55,000 net as the salary for April 2024, plus interest from 1 May 2024; and
EUR 55,000 net as the salary for May 2024, plus interest from 22 May 2024.
25. In addition, the Chamber also awarded the Player EUR 10,000 net as the contractually
agreed annual contribution towards his accommodation, flight, and car expenses, plus 5%
interest p.a. from 1 September 2023.
26. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player 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 for in the
contract at the basis of the dispute, with due consideration for the law of the country
concerned, the specificity of sport and further objective criteria, including in particular, the
remuneration and other benefits due to the player under the existing contract and/or the
new contract, the time remaining on the existing contract up to a maximum of five years,
and depending on whether the contractual breach falls within the protected period.
27. 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.
pg. 7
REF. FPSD-15193
28. As a consequence, 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. The Chamber recalled that said provision provides for a
non-exhaustive enumeration of criteria to be taken into consideration when calculating the
amount of compensation payable.
29. Bearing in mind the foregoing and the Player’s claim, the Chamber proceeded to calculate
the monies due to the Player under the terms of the Contract from the date of its unilateral
termination to the date of its original expiry. In doing so, the Chamber observed that the
Contract was only valid until 31 May 2024 and that the entire residual value had already
been factored as part of the outstanding remuneration (cf., §§ 24-5, supra).
30. Consequently, the DRC concluded that the residual value of the Contract was zero and that
no compensation should be awarded to the Player.
31. For the sake of completeness, the Chamber also emphasized that: (i) the Player did not
mitigate his damages during the overlapping period, entailing that no deduction should
have been made in any event; and (ii) since there was no mitigation and the compensation
can never exceed the residual value of the original contract, the Player is not entitled to
any additional compensation.
iii. Compliance with monetary decisions
32. 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.
33. 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.
34. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
pg. 8
REF. FPSD-15193
35. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
36. 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
37. 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.
38. 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.
39. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
REF. FPSD-15193
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Pedro Filipe Moreira Barbosa, is partially accepted.
2.
The Respondent, MKE Ankaragucu SK, must pay to the Claimant the following amount(s):
- EUR 10,000 net as outstanding remuneration plus 5% interest p.a. as from 1 September
2023 until the date of effective payment;
- EUR 27,500 net as outstanding remuneration plus 5% interest p.a. as from 1 March
2024 until the date of effective payment;
- EUR 55,000 net as outstanding remuneration plus 5% interest p.a. as from 1 April 2024
until the date of effective payment;
- EUR 55,000 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment; and
- EUR 55,000 net as outstanding remuneration plus 5% interest p.a. as from 22 May 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.
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.
pg. 10
REF. FPSD-15193
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. 11
REF. FPSD-15193
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. 12