Labour Disputes
Texto da decisão
REF 20-00427
Decision of the
DRC Judge
passed via videoconference, on 3 July 2020,
regarding an employment-related dispute concerning the player
Facundo Andrés CASTILLÓN
BY:
Philippe Diallo (France), DRC Judge
CLAIMANT:
FACUNDO ANDRÉS CASTILLÓN, Argentina
Represented by Mr. Diego Martin Agosti
RESPONDENT:
LEVADIAKOS FOOTBALL CLUB, Greece
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I. FACTS
1.
The parties concluded a contract on 26 August 2019, valid as from the date of signature until 20
June 2020.
2.
On 23 December 2019, the parties concluded a settlement agreement stipulating the following:
“ (...) III. For the above mentioned end of contract and end off any financial differences between them,
the football player will receive the amount of 6.500 (six thousand five hundred) Euros as
compensation.”
3.
On 10 January 2019, the player sent a default notice to the club, indicating the following:
“Dear Sir, I am writing this email to formally request the payment of 6.500 EUR agreed in clause III
and IV of the private agreement signed in Livadia on December 23, 2019.
The payment should have been made on January 1, 2020 and takes 10 days late, we request the
urgent deposit of the agreed amount.
4.
On 5 March 2020, the player lodged a claim before FIFA and requested the payment of EUR 6,500,
as indicated in the termination agreement, plus 5% interest p.a. as from 1 January 2020 (i.e. the due
date).
5.
On 18 March 2020, FIFA notified the claim to the Respondent, granting a deadline until 7 April 2020.
6.
On 2 April 2020 (i.e. within the deadline granted by FIFA), the Respondent send an e-mail to FIFA,
with an “.xps” attachment.
7.
On 12 May 2020 (i.e. after the deadline granted had elapsed), the Respondent sent an unsolicited
correspondence to FIFA, attaching its correspondence of 2 April 2020. In this respect, the
Respondent stated the following:
“we would like to inform you that our team, just like all the teams in 2nd National Division (Super
League 2), remains in lockdown mode for all its services and we do not yet know when the
championship will restart.
Therefore we believe that we would have the ability to pay the football player the amount that we
have already informed you that we owe him, until the end of June. For this reason we would like to
ask you for a new deadline, until 30/06/2020.
Believing that there is a mutual understanding, we would like to thank you beforehand and hoping
that the financial difference between us will be resolved soon.”
8.
On 4 June 2020, FIFA closed the investigation and informed the parties that it would be for the DRC
to rule upon the admissibility of the Respondent’s reply.
II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
1.
First of all, the Dispute Resolution Chamber Judge (hereinafter: the Judge) analyzed whether he was
competent to deal with the case at hand. In this respect, it took note that art. 21 of the June 2020
edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules) establishes that said edition is applicable as
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from 10 June 2019. Therefore, the June 2020 edition of the Procedural Rules is applicable to the
matter at hand.
2.
Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules and confirmed that in
accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit. b) of the Regulations on the
Status and Transfer of Players, 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 Argentinean player and a Greek club.
3.
Furthermore, the Judge 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, and considering that the present claim was lodged by the
player on 5 March 2020, the March 2020 edition of said regulations (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
4.
The competence of the DRC Judge and the applicable regulations having been established, the
Chamber entered into the substance of the matter. Entering into the substance of the matter, the
DRC continued by acknowledging the above-mentioned facts as well as the
documentation contained in the file in relation to the substance of the matter. However, the DRC
Judge emphasised that in the following considerations he will refer only to the facts, arguments
and documentary evidence which it considered pertinent for the assessment of the matter at hand.
5.
In this respect, the DRC Judge recalled that, according to the player, the parties concluded a
contract on 26 August 2019, valid as from the date of signature until 20 June 2020.
6.
Subsequently, the Judge took note that, on 23 December 2019, the parties concluded a settlement
agreement stipulating the following:
“ (...) III. For the above mentioned end of contract and end off any financial differences between them,
the football player will receive the amount of 6.500 (six thousand five hundred) Euros as
compensation.”
7.
Afterwards, the Judge observed that, on 5 March 2020, the player lodged a claim before FIFA and
requested the payment of EUR 6,500, as indicated in the termination agreement.
9.
In relation to said claim, the Judge noted that, initially, the Respondent replied on to the claim with
an email solely containing an attachment in “.xps” format.
8.
In this respect, the Judge referred to art. 9bis par. 2 of the Procedural Rules, according to which
“only communications submitted as PDF files containing the date and a valid and binding signature
shall have legal effect.” As a result, the DRC Judge understood that it could not take into account
said correspondence sent by the Respondent.
9.
In addition, the Judge further noted that, on 18 March 2020, FIFA notified the claim to the
Respondent, granting a deadline until 7 April 2020.
10. In this respect, the Judge referred to art. 9 par. 3 of the Procedural Rules, according to which
submissions received outside the time limit shall not be taken into account.
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11. As a result, the Judge established that all correspondence submitted after said date cannot be taken
into account.
12. In view of the above, the DRC Judge considered that, taking into account the claim of the Claimant
and the considered evidence, it can be established that the entire amount of EUR 6,500, as
established in the termination agreement, remained outstanding.
13. Consequently, in application of the principle of pacta sunt servanda, the DRC Judge established that
the Respondent shall pay to the Claimant the amount of EUR 6,500.
14. In addition, taking into account the request of the Claimant as well as the longstanding
jurisprudence of the DRC in this respect, the DRC Judge decided to award interests as from 1
January 2020.
15. Subsequently, taking into account the previous considerations, the DRC Judge 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.
16. In this regard, the Judge 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.
17. Therefore, bearing in mind the above, the DRC Judge decided that, in the event that the
Respondent does not pay the amounts due to the Claimant within 45 days as from the moment in
which the Claimant, following the notification of the present decision, communicates the relevant
bank details to the Respondent, 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.
18. Finally, the 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. 24bis par. 3 of the
Regulations.
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, FACUNDO ANDRÉS CASTILLÓN, is accepted.
2. The Respondent, LEVADIAKOS FOOTBALL CLUB, has to pay to the Claimant the following amount:
- EUR 6,500 as outstanding remuneration plus 5% interest p.a. as from 1 January 2020 until the date of
effective payment.
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▪
3.
The Claimant is directed to immediately and directly inform the Respondent of the relevant bank account
to which the Respondent must pay the due amount.
4.
The Respondent shall provide evidence of payment of the due amount in accordance with this decision to
[email protected], duly translated, if applicable, into one of the official FIFA languages (English, French,
German, Spanish).
5.
In the event that the amount due, plus interest as established above is not paid by the Respondent within
45 days, as from the notification by the Claimant of the relevant bank details to the Respondent, the
following consequences shall arise:
1.
2.
The Respondent 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. The aforementioned ban mentioned will be lifted immediately and
prior to its complete serving, once the due amount is paid (cf. art. 24bis of the Regulations on the
Status and Transfer of Players).
In the event that the payable amount as per in this decision 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 the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE FINDINGS OF THE DECISION:
In accordance with arts. 15 and 18 of the Procedural Rules, this correspondence only communicates the
findings of the decision without grounds.
Should any of the parties wish to receive the grounds of the decision, a written request must be received
by FIFA, within 10 days of receipt of notification of the findings of the decision. Failure to do so within the
stated deadline will result in the decision becoming final and binding and the parties being deemed to have
waived their rights to file an appeal.
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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