Labour Disputes
Texto da decisão
REF. FPSD-18098
Decision of the
Dispute Resolution Chamber
passed on 13 March 2025
regarding an employment-related dispute concerning the Player Vinicius
Belotti De Souza
BY:
Stijn BOEYKENS (Belgium)
CLAIMANT:
Vinicius Belotti De Souza, Italy
Represented by Bernardo Sarate Pozza
RESPONDENT:
Beroe, Bulgaria
Represented by Ruiz-Huerta & Crespo
pg. 2
REF. FPSD-18098
I. Facts of the case
1.
On 16 December 2024, the Italian player, Vinicius Belotti De Souza (hereinafter: the Player
or the Claimant) and the Bulgarian club, Beroe (hereinafter: the Club or the Respondent)
entered into a termination agreement of their employment contract (hereinafter: the
Termination Agreement).
2.
Clause 3 of the Termination Agreement read as follows:
“With the conclusion of this agreement [the Respondent] undertakes to pay [the
Claimant], a settlement amount equal to 6,000.00 BGN (six thousand BGN),
equivalent to the amount owed by the Club to the Player regarding net monthly wages
of October (3,000 BGN), November ( 1,500 BGN) and December (1,500 BGN) 2024
(including the respective allowance for accommodation)”
II. Proceedings before FIFA
3.
On 5 February 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
4.
According to the Claimant, the Respondent failed to pay BGN 6,000 in accordance with the
Termination Agreement.
5.
The Claimant requested the following relief:
“The Claimant requests the Dispute Resolution Chamber of the Football Tribunal/FIFA,
based on the facts and legal arguments described above and supported by the
evidence presented, to:
(I) accept this claim.
(II) issue an Award sentencing the Respondent to immediately pay to the Claimant:
A) the wages and accommodation allowances for the months of October/2024, in the
amount of net BGN 3,000.00 (three thousand Bulgarian Lev), November/2024, in the
amount of net BGN 1,500.00 (one thousand five hundred Bulgarian Lev), and
December/2024, in the amount of net BGN 1,500.00 (one thousand five hundred
Bulgarian Lev).
pg. 3
REF. FPSD-18098
(III) fix interest of 5 % p.a. as of the due date (December 16, 2024) until the date of
effective payment, upon the mentioned overdue wages and accommodation
allowances.”
b. Position of the Respondent
6.
The Respondent indicated the following :
“The club is willing to take the settlement, but due to internal financial constraints, the
payment will only be possible in June 2025. If this change of schedule is accepted, the
club is pleased to move forward with the proposal. Also please find attached our POA,
assigning our legal representatives […]”
pg. 4
REF. FPSD-18098
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
7.
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 5 February
2025 and submitted for decision on 13 March 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.
8.
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 (January 2025 edition), he 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 Bulgarian club.
9.
Moreover, 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. 29 of
the Regulations, the January 2025 edition of said regulations is applicable to the matter at
hand as to the substance.
b. Burden of proof
10. 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 he 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
11. The 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
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REF. FPSD-18098
12. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant requested payment of BGN 6,000 corresponding to the outstanding
remuneration as per the Termination Agreement.
13. In this context, the Single Judge also noted that neither party contested the non-payment
of the amounts claimed by the Claimant. Therefore, the Single Judge acknowledged that
his task was to determine, based on the arguments presented by the parties, whether the
Respondent had a valid justification for not having complied with its financial obligations.
14. The Single Judge then took note of the Respondent’s argumentation mentioning that it was
willing to pay the amount at a later date. In this respect, the Single Judge recalled that the
parties had agreed that the amount would be paid on 16 December 2024, and that there
was not a valid reason to delay such payment.
15. 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 BGN 6,000.
16. 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 amount as from 17 December
2024 until the date of effective payment.
ii. Compliance with monetary decisions
17. 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.
18. 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.
19. 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.
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REF. FPSD-18098
20. 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.
21. 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
22. 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 Chamber decided that no procedural costs were to be
imposed on the parties.
23. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
24. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 7
REF. FPSD-18098
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Vinicius Belotti De Souza, is partially accepted.
2.
The Respondent, Beroe, must pay to the Claimant BGN 6,000 as outstanding
remuneration plus 5% interest p.a. as from 17 December 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.
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
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REF. FPSD-18098
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
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