Acórdão do FIFA, processo Batna_2020-04-20

Data

20/04/2020

Fonte

inside.fifa.com

Labour Disputes

Texto da decisão

Decis ion of the
Dis pute Res olution Cham ber
passed in Zurich, Switzerland, on 23 April 2020,

in the following composition:

Geoff Thom ps on (England), Chairman
Jos é Luis Andrade (Portugal), member
S tijn Boey kens (Belgium ), member

on the claim presented by the player,
Mourad Batna, Morocco,
represented by Mrs Audrey Bruin
as Claimant / Counter-Respondent I
against the club,
Al Wahda Club, United Arab Emirates,
represented by Mr Nasr El-din Azzam
as Respondent / Counter-Claimant
with the club,

Al Jazira S ports Club, United Arab Emirates,
represented by Mr Bernardo Palmeiro and Mr Ahmed Mohamed Abd El Fattah
as Counter-Respondent II

regarding an employment-related dispute
between the parties

Facts of the cas e

On 12 February 2017, the Moroccan player, Mourad Batna (hereinafter: the player)
and the Emirati club, Al Wahda (hereinafter: the club or Al Wahda) signed an
employment agreement valid from 1 July 2017 until 30 June 2020 (hereinafter: the
contract).

Pursuant to article 3 of the contract, the player was entitled to the following
remuneration:
a. EUR 450,000 as signing bonus for the first contractual year, payable 30 days
“from the beginning of [each] contractual year”;
b. EUR 87,500 as monthly salary, payable at the end of each calendar month;
c. EUR 375,000 as signing bonus for the second contractual year, payable 30
days “from the beginning of [each] contractual year”;
d. EUR 93,750 as monthly salary, payable at the end of each calendar month;
e. EUR 375,000 as signing bonus for the third contractual year, payable 30 days
“from the beginning of [each] contractual year”;
f. EUR 93,750 as monthly salary, payable at the end of each calendar month;
g. An annual leave of 30 days per year;
h. 4 round-trip business air tickets from Rabat to Abu Dhabi;
i. a car;
j. free accommodation.

As of August 2018, Al Wahda started to delay the payment of the player’s salaries by
a few weeks. The player claims his salaries of November 2018 were never paid.

On 11 February 2019, the player was allegedly evicted from his apartment due to
lack of payment of rent by Al Wahda.

On 12 February 2019, the player gave Al Wahda notice of such situation and
requested that the club paid his him late salaries and bonuses.

On 24 February 2019, the player was directed by Al Wahda to attend individual
training sessions (i.e. apart from the rest of the club’s first squad) until 8 March
2019.

On the same date, the player learned via Al Wahda’s website that he had been
excluded from the roster of an AFC Champions League match for allegedly claiming
a false injury.

Additionally, on February 2019 and March 2019, Al Wahda deducted approx. EUR
20,000 from each of the player’s respective salaries in the concept of disciplinary
penalties for allegedly not attending a meeting with the coaching staff and missing
a training session. The player contends that he was never called to such meeting and

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Player Mourad Batna, Morocco / Al Wahda Club, United Arab Emirates / Club Al Jazira SC, United Arab Emirates
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that his training absences were justified for medical reasons which had been
allegedly informed to Al Wahda.
9.

On 8 March 2019, the player finished his individual training schedule and requested
the club to authorize him to resume his activities with Al Wahda’s first team.

10. On 28 March 2019 and 29 April 2019, the player demanded Al Wahda in writing that
his outstanding remuneration be paid and he be reinstated to Al Wahda’s first
team.
11. On 3 May 2019, Al Wahda sent a letter to the player claiming that due to the
player’s alleged misbehavior, the matter had been submitted to “the league of
professional affairs”. Al Wahda further stated in such letter that “the late and
difficulty to comply with your financial benefits” (quoted verbatim).
12. On 6 May 2019, the player responded to Al Wahda’s letter and rejected the contents
thereto.
13. On 29 May 2019, Al Wahda’s team was sent on holidays for 30 days, but the player
was only allowed a 15-day break.
14. On 17 June 2019, upon the player’s return to Al Wahda’s facilities, he was made
aware by the club that he would be training alone in Abu Dhabi until the end of
July 2019 whilst the remainder of the squad would be in a training camp in the
Netherlands. Such situation faced by the player was subject of a public article by
FIFPro.
15. On 30 June 2019, the player sent a notice to Al Wahda demanding that within 10
days he be allowed to train with his teammates and requesting that his salaries of
November 2018 be paid.
16. On 3 July 2019, the player was paid EUR 16,159 as “salaries for the month on June”.
17. On the same date, the player sent a second notice to Al Wahda reiterating his
previous requests as well as demanding that his salaries of June 2019 be fully paid
within 15 days.
18. On 19 July 2019, the player, claiming unpaid salaries as well as the signing bonus of
EUR 375,000 that had allegedly fallen due, terminated the contract in writing.
19. On 1 August 2019, the player and the Emirati club, Al Jazira SC (hereinafter: Al
Jazira) signed an employment agreement valid from 1 August 2019 until 30 June
2020. Under such employment agreement, the player was entitled to a total
remuneration of EUR 1,200,000.
20. The Player filed a claim in front of FIFA and requested the following relief:
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Player Mourad Batna, Morocco / Al Wahda Club, United Arab Emirates / Club Al Jazira SC, United Arab Emirates
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a. “To establish that the [player] terminated the contract with just cause on 19
July 2019”;
b. “To order [Al Wahda] to pay to the [player], within 30 days as from the date
of notification of this decision, EUR 587,877 as outstanding salaries plus 5%
interest p.a. until the date of effective payment as follows:
• 5% p.a. as of 30 November 2018 on the amount of EUR 93,750;
• 5% p.a. as of 28 February 2019 on the amount of EUR 20,652 ;
• 5% p.a. as of 30 April 2019 on the amount of EUR 20,884;
• 5% p.a. as of 30 June 2019 on the amount of EUR 77,591;
• 5% p.a. as of 30 July 2019 on the amount of EUR 375,000.”
c. “To order [Al Wahda] to pay to the [player], within 30 days as from the date
of notification of this decision, compensation for breach of contract in the
amount of EUR 1,125,000 plus 5% interest p.a. as of 19 July 2019 until the
date of effective payment”.
d. “To order [Al Wahda] to pay to the [player], within 30 days as from the date
of notification of this decision, an additional compensation of EUR 562,500
plus 5% interest p.a. as of 19 July 2019 until the date of effective payment”.
21. The player submitted that according to “the jurisprudence of the Dispute Resolution
Chamber of FIFA and according to the Regulations on the Status and Transfer of
Players (RSTP – ed. 2019), any abusive conduct of a party aiming at forcing the
counterparty to terminate or change the terms of the contract shall entitle the
counterparty to terminate the contract with just cause”.
22. The player further claims that Al Whada “through its conduct (…) tried to force the
[Player] to terminate the contract, which entitled [him] to terminate the contract
with just cause on 19 July 2019 in accordance with art. 14 of the RSTP”.
23. Finally, the player was of the position that Al Wahda had “repeatedly breached the
employment contract, which entitled the [Player] to terminate the contract with just
cause on 19 July 2019, in accordance with the RSTP and the jurisprudence”.
24. Al Wahda, for its part, rebutted the player’s allegations and claimed that he had
acted in bad faith towards the club as from the start of his second contract year,
therefore in breach of said contract.
25. As such, Al Wahda counterclaimed against the player and Al Jazira and sought
compensation for breach of contract. In this regard, the club claimed that the
contract is still valid and in force, and that its termination was null and void.
Alternatively, it requested FIFA to rule that such termination was made without just
cause, and to order the player and Al Jazira to jointly pay compensation of EUR
4,562,500, broken down as follows:
- Remuneration under the existing contract: EUR 1,500,000;
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Player Mourad Batna, Morocco / Al Wahda Club, United Arab Emirates / Club Al Jazira SC, United Arab Emirates
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- Loss of earnings (lucrum cessans) due to the loss of the possibility to transfer the
player to a third club: EUR 2,500,000;
- Specificity of sport: six months of the player’s salaries, equivalent to EUR 562,500.
26. To this extent, Al Wahda submitted that (a) the player faked injuries, (b) travelled
without Al Wahda’s authorization, (c) refused to take part in two matches, (d)
expressly manifested his will to no longer play for Al Wahda, and (e) missed training
sessions during February and March 2019. Al Wahda further claimed that the player
was disciplined twice by way of fines after allegedly missing the aforementioned
training sessions.
27. Al Wahda also stated that it tried to negotiate the player’s transfer in May 2019 and
that the player consented to such attempt, having attended a meeting for this
purpose. Further, Al Wahda was of the position that after receiving notices from the
player, he was invited twice to make himself present at Al Wahda’s financial
department to assess his financial situation. Additionally, Al Wahda claims that the
notices sent by the player’s attorney were not accompanied by a power of attorney
so Al Wahda was unsure whether such attorney indeed represented the player.
28. Al Wahda stated that the player’s allegations of a financial nature are “untrue” and
that it always complied with its obligation. With regards to the salaries of November
2018 and June 2019, Al Wahda claimed that the former was duly paid and that the
latter was partially paid as Al Wahda “suspended the rest of the due salary until his
financial situation is reviewed according to the club’s decisions regarding his several
breaches”. Al Wahda additionally stated that it always maintained a professional
approach to the situation.
29. Al Wahda confirmed that the player was put on a separate training schedule from
24 February 2019 to 8 March 2019 due to the fact that his alleged misbehaviour had
“put him in bad technical and fitness situation”. Al Wahda went further to state
that the player never complied with the instructions of its officials which “put [Al
Wahda] in a very bad position”.
30. In response to the counterclaim, the player reiterated his position and rebutted Al
Wahda’s assertions. The player submitted that the counterclaim filed by Al Wahda is
inadmissible due to the principle of res iudicata, as Al Wahda had already filed a
claim against the player before the National Dispute Resolution Chamber of the
UAE Football Association. The Player further asked FIFA to disregard the documents
filed by Al Wahda that were not translated to one of the official FIFA languages.
31. Finally, the player requested that, should the counterclaim be deemed admissible,
that it be rejected, as the player terminated the contract with just cause.
32. Al Jazira submitted that the player had just cause to terminate the contract as it
remained undisputed that Al Wahda failed to fully pay the player’s salary of June
2019 and signing bonus of July 2019. Al Jazira further noted that whilst Al Wahda
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claimed that the player’s salary of November 2018 had been paid, Al Wahda failed
to produce evidence to that extend.
33. What is more, Al Jazira pointed out that the penalties applied by Al Wahda to the
player and the consequences thereto i.e. the deductions made on his salaries of
February and April 2019 were unlawful as the player was not granted a right to be
heard and due process. As such, Al Jazira is of the position that all the above
mentioned situation constituted grounds for the termination of the contract by the
player with just cause.
34. In addition, Al Jazira submitted that it did not induce the player to terminate his
contract with Al Wahda as the player’s agent approached Al Jazira on 31 July 2019
to sign an employment agreement, i.e. after the termination of the contract had
already taken place. Al Jazira also highlighted that the player’s income while
playing for Al Jazira is significantly lower that what he was earning at Al Wahda. Al
Jazira submits that this is evidence enough to rebut the presumption that it had
induced the player.
35. In light of the foregoing, Al Jazira asked FIFA for the following relief: “(i) Find that
[the player] terminated his [contract] with [Al Wahda] with just cause; (ii) In the
unlikely event that it is considered that [the player] terminated his [contract] with
[Al Wahda] without just cause, find that Al Jazira established that it has not induced
the player to terminate his [contract] with [Al Wahda]; (iii) Find that as the player
was not induced by Al Jazira to terminate his [contract] with [Al Wahda], no
sanctions shall be imposed on Al Jazira from the application of article 17.4 of the
RSTP”.

II.

Cons iderations of the Dis pute Res olution Cham ber

First of all, the Dispute Resolution Chamber (hereinafter also referred to as 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 submitted to FIFA on 25 July 2019.
Taking into account the wording of art. 21 of the 2019 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules), the aforementioned edition
of the Procedural Rules is applicable to the matter at hand.

Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and noted that in accordance with art. 24 par. 1 and par. 2 in
conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of
Players (edition March 2020), the Dispute Resolution Chamber is in principle
competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Moroccan player and an Emirati
club.

In this regard, the Chamber noted that the club has filed a counterclaim against the
player, which the latter deems to be inadmissible in light of the fact that the club
had already filed a claim against the player before the UAE Football Association
(UAEFA). The player submitted that the counterclaim filed by the club is therefore res
judicata.

Having taken note of the foregoing, the Chamber observed that no sufficient
evidence has been produced by the player in this regard. The members of the
Chamber recalled the contents of art. 12 par. 3 of the Procedural Rules, and
concluded that the player did not meet his burden of proof. As such, the DRC
confirmed its competence to hear the dispute at hand.

In continuation, 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 (edition
March 2020), and considering that the present claim was lodged on 25 July 2019, the
June 2019 edition of said regulations (hereinafter: Regulations) is applicable to the
matter at hand as to the substance.

The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this respect,
the Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and documentation on file. However, the DRC 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.

By doing so, the Chamber firstly recalled that the parties had signed the contract,
valid as from 1 July 2017 until 30 June 2020 and pursuant to which the player was
entitled, inter alia, to the following remuneration:
a. EUR 450,000 as signing bonus for the first contractual year, payable 30 days
“from the beginning of [each] contractual year”;
b. EUR 87,500 as monthly salary, payable at the end of each calendar month;
c. EUR 375,000 as signing bonus for the second contractual year, payable 30
days “from the beginning of [each] contractual year”;
d. EUR 93,750 as monthly salary, payable at the end of each calendar month;
e. EUR 375,000 as signing bonus for the third contractual year, payable 30 days
“from the beginning of [each] contractual year”;
f. EUR 93,750 as monthly salary, payable at the end of each calendar month;
g. An annual leave of 30 days per year;
h. 4 round-trip business air tickets from Rabat to Abu Dhabi;
i. a car;
j. free accommodation.

In continuation, the members of the Chamber took into account that, on 19 July
2019, the player notified the club of the termination of the contract on the basis of
outstanding remuneration. The club, for its part, submits that the player terminated
the contract without just cause, and requested compensation for breach of contract
and that Al Jazira be considered jointly liable.

The DRC highlighted that the central issue in the matter at stake would be, thus, to
determine as to whether the player had just cause to terminate the contract on 19
July 2019.

10. Additionally, the Chamber wished to emphasize that, according to the player, at the
time of the termination of the contract, the following amounts were yet to be paid
by the club:
a. EUR 93,750 corresponding to the salary of November 2018;
b. EUR 20,652 corresponding to the remaining balance of the monthly salary of
February 2019;
c. EUR 20,884 corresponding to the remaining balance of the monthly salary of
April 2019;
d. EUR 77,591 corresponding to the remaining balance of the monthly salary of
June 2019;
e. EUR 375,000 corresponding to the signing-bonus of the 2019/2020 season.
11. Lastly, the DRC observed that the player granted the club in writing, on 3 July 2019,
with a deadline of 15 days to cure its default, to no avail.
12. The Chamber then turned its attention to the arguments of the club and
acknowledged that according to the latter the player’s salaries were either paid (i.e.
November 2018) or partially paid because the player was disciplined.
13. In continuation, the DRC recalled that according to the legal principle of the burden
of proof contained in art. 12 par. 3 of the Procedural Rules, any party claiming a right
on the basis of an alleged fact shall carry the burden of proof.
14. With that in mind, the Chamber noted that at all times the player questioned the
conduct of Al Wahda, and requested that the situation (either financial or trainingrelated) be solved by the club, to no avail. The Chamber further noted that the
player did not refrain from taking part in individual training sessions, but still was
separated from the remainder of the squad during a camp in the Netherlands as he
was forced to stay in the UAE.
15. In continuation, the Chamber took due consideration of the fact that the club, for its
part, did not submit any comprehensive evidence to effectively rebut the player’s
claim. In particular, the Chamber outlined that no sufficient evidence was produced
by the club to justify the player’s alleged sanctions and salary deductions.
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Player Mourad Batna, Morocco / Al Wahda Club, United Arab Emirates / Club Al Jazira SC, United Arab Emirates
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16. What is more, the Chamber was of the opinion that even if the player was in default,
- which it highlighted was not the case as per the evidence on file – the player’s
actions could not subject him to further reprimands from Al Wahda.
17. Finally, the Chamber found it noteworthy that the club did not file any proof of
payment of the player’s salaries of November 2018, or the remainder of the salaries
of February, April, and June 2019.
18. Contrariwise, the DRC noted that the player’s submissions are a lot more
substantiated, and concluded that he particularly met his burden of proof.
19. On account of the above and taking into consideration the Chamber’s longstanding
jurisprudence in this respect, the Chamber decided that the case at hand meets the
criteria under article 14bis of the Regulations and that the player had just cause to
unilaterally terminate the contract. Consequently, the Chamber concluded that the
club is to be held liable for the early termination of the contract with just cause by
the player.
20. Bearing in mind the foregoing, the Chamber then turned its attention to the issue of
the outstanding remuneration due to the player. In accordance with the general
legal principle of pacta sunt servanda, the Chamber decided that the club is liable to
pay to the player the amounts which were outstanding under the contract at the
moment of the termination, i.e. EUR 212,877 as remuneration, plus MAD 47,530,
corresponding to the player’s flight ticket. The Chamber observed that the amount
of EUR 375,000 as an advance payment for the season 2019/2020 had not yet fallen
due at the moment of termination, as it would become so on 1 August 2019.
21. In addition, taking into consideration the player’s request as well as the constant
practice of the Dispute Resolution Chamber in this regard, the members of the
Chamber decided to award him interest at the rate of 5% p.a. on the outstanding
amount from the due dates until the date of effective payment.
22. In continuation, the Chamber focused its attention on the calculation of the amount
of compensation for breach of contract in the case at stake. In doing so, the members
of 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.
23. In application of the relevant provision, the Chamber held that it first of all had to
clarify as to whether the pertinent employment contract contains a provision by
means of which the parties had beforehand agreed upon an amount of
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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.
24. 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. 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.
Therefore, other objective criteria may be taken into account at the discretion of the
deciding body.
25. The members of the Chamber then turned their attention to the remuneration and
other benefits due to the player under the existing contract and/or the new contract,
which criterion was considered by the Chamber to be essential. The members of the
Chamber deemed it important to emphasise that the wording of art. 17 par. 1 of the
Regulations allows the Chamber to take into account both the existing contract and
the new contract in the calculation of the amount of compensation.
26. Bearing in mind the foregoing, the Chamber proceeded with the calculation of the
monies payable to the player under the terms of the contract as from its date of
termination with just cause by the player, i.e. 19 July 2019, until 30 June 2020, and
concluded that the player would have received in total EUR 1,500,000 as
remuneration had the contract been executed until its expiry date. Consequently, the
Chamber concluded that the amount of EUR 1,500,000 serves as the basis for the
final determination of the amount of compensation for breach of contract in the
case at hand.
27. In continuation, the Chamber verified as to whether the player 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, and article 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.
28. The Chamber recalled that the player signed an employment contract with Al Jazira,
valid until 30 June 2020, in accordance with which the player was to receive a total
fixed remuneration of EUR 1,200,000. Accordingly, the Chamber concluded that the
mitigated compensation due to the player, comprehending both the residual value
of the contract and the amounts the player was able to mitigate, amounts to EUR
300,000.
29. Further, the Chamber turned its attention to art. 17 par. 1 lit ii) of the Regulations,
and observed that, subject to the early termination of the contract being due to
overdue payables, in addition to the mitigated compensation, the player shall be
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entitled to an amount corresponding to three monthly salaries as additional
compensation.
30. What is more, the Chamber outlined that in accordance with art. 17 par. 1 lit ii) of
the Regulations, in case of egregious circumstances, the additional compensation
may be increased up to a maximum of six monthly salaries.
31. Bearing the foregoing in mind, the Chamber recalled that the player was put in a
strained situation by the club, whereby he was deliberately excluded from the club’s
camp in the Netherlands and forced to remain in the UAE. Additionally, the Chamber
considered that allowing the player only 15 days of vacation whilst awarding the rest
of the players 30 days, as well as the player’s eviction from his apartment due to the
club’s lack of payment of the player’s rent in line with the contract, amounted to
egregious circumstances as per art. 17. par. 2 of the Regulations.
32. Consequently, the Chamber decided to award the player four monthly salaries as
additional compensation.
33. The Chamber then proceeded to calculate the additional compensation, and noted
that the player was entitled to an average monthly salary of EUR 125,000 in line with
the contract, especially considering the advance of payment due as well as the
monthly payments. Accordingly, the player is entitled to receive four times the
referred amount, that is, EUR 500,000.
34. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand as well as the player’s general obligation to mitigate
his damage, the Chamber decided to partially accept the player’s claim and that the
club must pay the amount of EUR 800,000 as compensation for breach of contract in
the case at hand.
35. In addition, taking into account the player’s request as well as the constant practice
of the Dispute Resolution Chamber in this regard, the Chamber decided that the club
must pay to the player interest of 5% p.a. on the amount of compensation as of 25
July 2019 until the date of effective payment.
36. Finally, taking into account the consideration under number II./5. above, the
Chamber referred to par. 1 and 2 of art. 24bis 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.
37. In this regard, the DRC pointed out 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 and for the maximum duration of three entire and consecutive
registration periods.
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38. Therefore, bearing in mind the above, the DRC decided that, in the event that the
club does not pay the amounts due to the player within 45 days as from the moment
in which the player, following the notification of the present decision, communicates
the relevant bank details to the club, a ban from registering any new players, either
nationally or internationally, for the maximum duration of three entire and
consecutive registration periods shall become effective on the Respondent in
accordance with art. 24bis par. 2 and 4 of the Regulations.
39. 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.
24bis par. 3 of the Regulations.
40. The DRC concluded its deliberations by rejecting any further claims filed by any of
the parties.

III.

Decis ion of the Dis pute Res olution Cham ber

The claim of the Claimant/Counter-Respondent I, Mourad Batna, is partially
accepted.

The counterclaim of the Respondent/Counter-Claimant, Al Wahda Club, is rejected.

The Respondent/Counter-Claimant has to pay the Claimant/Counter-Respondent I
EUR 1,012,877 plus MAD 47,530, plus interest at the rate of 5% p.a. as follows:
- on the amount of EUR 93,750 as from 30 November 2018 until the date of
effective payment;
- on the amount of EUR 20,652 as from 28 February 2019 until the date of effective
payment;
- on the amount of EUR 20,884 as from 30 April 2019 until the date of effective
payment;
- on the amount of EUR 77,591 as from 30 June 2019 until the date of effective
payment;
- on the amount of MAD 47,530 as from 19 July 2019 until the date of effective
payment;
- on the amount of EUR 800,000 as from 25 July 2019 until the date of effective
payment.

Any other requests for relief from the parties are rejected.

The Claimant/Counter-Respondent I is directed to inform the Respondent/CounterClaimant, immediately and directly, preferably to the e-mail address as indicated on
the cover letter of the present decision, of the relevant bank account to which the
Respondent must pay the amount mentioned under point III.3. above.

The Respondent/Counter-Claimant shall provide evidence of payment of the due
amount in accordance with point III,3. above to FIFA to the e-mail address
[email protected], duly translated into one of the official FIFA languages (English,
French, German, Spanish).

In the event that the amount plus interest due in accordance with point III.3. above
is not paid by the Respondent/Counter-Claimant w ithin 45 day s as from the
notification by the Claimant/Counter-Respondent I of the relevant bank details to
the Respondent/Counter-Claimant, the Respondent/Counter-Claimant shall be
banned from registering any new players, either nationally or internationally, up
until the due amount is paid and for the maximum duration of three entire and
consecutive registration periods (cf. art. 24bis of the Regulations on the Status and
Transfer of Players).

The ban mentioned in point III.7. above will be lifted immediately and prior to its
complete serving, once the due amounts are paid.

In the event that the aforementioned sum plus interest is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter
shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration
and a formal decision.
*****

Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee or
the DRC. Where such decisions contain confidential information, 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 20 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber).
Note relating to the m otiv ated decis ion (legal remedy):
According to art. 58 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to
the CAS directly within 21 days of receipt of notification of this decision and shall contain
________________________________________________________________________________________________________________________
Player Mourad Batna, Morocco / Al Wahda Club, United Arab Emirates / Club Al Jazira SC, United Arab Emirates
Page 13 of 14

all the elements in accordance with point 2 of the directives issued by the CAS. Within
another 10 days following the expiry of the time limit for filing the statement of appeal,
the appellant shall file a brief stating the facts and legal arguments giving rise to the
appeal with the CAS.
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport (CAS)
Avenue de Beaumont 2, CH-1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:

______________________________________
Emilio García Silvero
Chief Legal & Compliance Officer