DRC Overdue Payables
Texto da decisão
REF. FPSD-16013
Decision of the
Dispute Resolution Chamber
passed on 4 November 2024
regarding an employment-related dispute concerning the player Salvador
Ferrer Canals
BY:
Jorge GUTIÉRREZ (Costa Rica)
CLAIMANT:
Salvador Ferrer Canals, Spain
Represented by Senn Ferrero
RESPONDENT:
ANORTHOSIS FAMAGUSTA, Cyprus
pg. 2
REF. FPSD-16013
I. Facts of the case
1.
On 31 August 2023, the Spanish player, Salvador Ferrer Canals (hereinafter: the Player or
the Claimant) and the Cypriot club, Anorthosis Famagusta (hereinafter: the Club or the
Respondent) concluded an employment contract (hereinafter: the Contract) valid as from the
date of signature until 30 June 2024.
2.
According to the Contract, the Respondent undertook to pay the Claimant a net salary of
EUR 50,000 (EUR 5,000 per month) from 31 August 2923 to 31 May 2024.
3.
On 2 September 2023, the Player and the Respondent concluded a supplementary
agreement (hereinafter: the Supplementary Agreement), in which the parties updated the
Player’s remuneration, bonuses and other benefits.
4.
Clause 1 of the Supplementary Agreement reads as follows:
“1. In addition to the monthly salaries agreed in the Employment Agreement, the Club
will pay to the Player the following amounts:
1.1. For the period starting from 14/09/2023 and ending 14/06/2024 the total additional
amount of €110.000 (one hundred and ten thousand euro) net and subject to the terms
of the present agreement, in 10 (ten) equal monthly instalments of €11.000 (eleven
thousand euro) net.”
5.
On 19 April 2024, the Claimant put the Respondent in default and requested payment of
EUR 64,000 corresponding to the salaries between December 2023 and March 2024;
setting a time limit expiring on 4 May 2024 in order to remedy the default.
6.
On 8 July 2024, the Claimant put the Respondent in default and requested payment of EUR
112,000 corresponding to the salaries between December 2023 and June 2024 setting a
time limit within the next 15 days.
7.
On an unspecified date, the salary corresponding to the month of December 2023 gotpaid.
II. Proceedings before FIFA
8.
On 11 September 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
9.
The Claimant lodged a claim for overdue payables. The Claimant argued that the
Respondent failed to fulfil its financial obligations and failed to pay the salaries between
January 2024 and June 2024 amounting to EUR 96,000.
pg. 3
REF. FPSD-16013
10. The Claimant requested the following relief:
“On the basis of the foregoing, the Claimant hereby respectfully requests the HON.
FIFA FOOTBALL TRIBUNAL - DISPUTE RESOLUTION CHAMBER to deem this CLAIM FOR
PAYMENT UNDER ARTICLE 12BIS OF THE FIFA REGULATIONS to be filed on behalf of Mr.
SALVADOR FERRER CANALS against the Respondent, and following the appropriate
procedures, to issue, in due course, a RULING:
I. Accepting in full this claim for payment made by the Claimant against the
Respondent, for the payment of the overdue salaries from January 2024 to June 2024
arising from the Employment Agreement and the Supplementary Agreement, as well
as the corresponding interests.
II. In doing so, ruling that Anarthosis shall pay the Player a total amount of NINETYSIX THOUSAND EUROS (EUR 96,000), plus a five per cent (5%) interest per annum on
said amount applied from the respective due dates and until the effective date of
payment, or subsidiarily, accrued from the date of the First Default Notice and the
Second Default Notice, that is to say, from 19 April 2024 and 8 July 2024 on the
respective monthly payments, respectively.
III. In all cases, imposing the corresponding disciplinary sanctions to the Respondent
for overdue payables pursuant to Article 12bis and Article 24 of the FIFA RSTP.
IV. Ordering the Respondent to pay all legal costs and all other expenses of these
proceedings.
Since it is in the interest of Justice, which is sought in Madrid, on 11 September 2024.
FIRST AVERMENT: In this document we have attempted to comply with all the
requirements foreseen in the applicable regulations. Consequently, if this party is
guilty of any involuntarily defect, we request that an order is made, for the document
to be returned to this party to amend it.
SECOND AVERMENT: This party expressly reserves its right to extend and amend this
CLAIM FOR PAYMENT if during the course of the current procedure.”
b. Position of the Respondent
11. The Respondent requested an extension to provide its position to the claim, however no
further communication was provided.
pg. 4
REF. FPSD-16013
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the 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 11 September 2024 and submitted
for decision on 4 November 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.
13. Furthermore, the Single Judge 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 Single Judge is
competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Spanish player and a Cypriot club.
14. Subsequently, 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. 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 September 2024, the June 2024
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
15. 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
16. Having established the competence and the applicable regulations, 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
she considered pertinent for assessing the matter at hand.
pg. 5
REF. FPSD-16013
i. Main legal discussion and considerations
17. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant is requesting outstanding remuneration arising from the Contract and the
Supplementary Agreement.
18. In particular, the Single Judge observed that the Claimant requested the payment of the
salaries between January 2024 and June 2024. The Respondent, on the other hand, did not
provide its position as to the amounts requested, and therefore his decision would be
made on the basis of the documentation on file, that is, the argumentation and evidence
exclusively filed by the Claimant, in line with article 14 par. 1 of the Procedural Rules
19. In this context, the Single Judge acknowledged that his task was to determine, whether the
claimed amounts had in fact remained unpaid by the Respondent and, if so, whether the
latter had a valid justification for not having complied with its financial obligations.
20. The Single Judge first noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, no evidence was provided.
21. The Single Judge then observed, that despite the Contract mentioning that the salaries
would be paid until 31 May 2024, it stated that the Player was entitled to 10 instalments of
EUR 5,000 starting on 31 August 2024, which would end in June 2024 and not May 2024.
The Supplementary Agreement also stated that the Player was entitled to 10 instalments
of EUR 11,000 which would end in June 2024. Therefore, the Single Judge considered that
the Claimant was entitled to his salaries until June 2024, i.e., EUR 16,000 per month.
22. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the contract concluded between the parties, namely EUR 96,000.
23. In addition, the Single Judge determined that the Claimant is also entitled to interest at the
rate of 5% p.a. follows:
- On the amount of EUR 16,000 as from 1 February 2024 until the date of effective
payment;
- On the amount of EUR 16,000 as from 1 March 2024 until the date of effective
payment;
pg. 6
REF. FPSD-16013
- On the amount of EUR 16,000 as from as from 1 April 2024 until the date of
effective payment;
- On the amount of EUR 16,000 as from 1 May 2024 until the date of effective
payment;
- On the amount of EUR 16,000 as from 1 June 2024 until the date of effective
payment;
- On the amount of EUR 16,000 as from 1 July 2024 until the date of effective
payment.
ii. Art. 12bis of the Regulations
24. Having stated the above, the Single Judge referred to art. 12 bis 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. 12 bis
par. 4 of the Regulations.
25.
To this end, the Single Judge confirmed that the Claimant put the Respondent in default of
payment of EUR 80,000, which had fallen due for more than 30 days, and granted the
Respondent with 10 days to remedy their default.
26. Accordingly, the Single Judge also confirmed that the Respondent had delayed a due
payment without a prima facie contractual basis. It followed that the criteria enshrined in
art. 12 bis of the Regulations were met in the case at hand.
27. The Single Judge further established that by virtue of art. 12 bis par. 4 of the Regulations,
he has competence to impose sanctions on the Club. On account of the above and bearing
in mind that this is the third offense by the Club within the last two years, the Single Judge
decided to impose a fine on the amount of EUR 10,000 on the Respondent in accordance
with art. 12 bis par. 4 lit. c) of the Regulations.
28. In this connection, the Single Judge highlighted that a repeat offence will be considered as
an aggravating circumstance and lead to more severe penalty in accordance with art. 12
bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
pg. 7
REF. FPSD-16013
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
34. 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
35. 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.
36. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-16013
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Salvador Ferrer Canals, is partially accepted.
2.
The Respondent, ANORTHOSIS FAMAGUSTA, must pay to the Claimant the following
amount(s):
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1
February 2024 until the date of effective payment;
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1
March 2024 until the date of effective payment;
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 April
2024 until the date of effective payment;
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 May
2024 until the date of effective payment;
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 June
2024 until the date of effective payment;
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 1 July
2024 until the date of effective payment;
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 10,000 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-16013:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
pg. 9
REF. FPSD-16013
6.
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.
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-16013
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. 11