Labour Disputes
Texto da decisão
REF. FPSD-14855
Decision of the
Dispute Resolution Chamber
passed on 27 August 2024
regarding an employment-related dispute concerning the player Anastasios
Chatzigiovanis
BY:
Johan VAN GAALEN (South Africa)
CLAIMANT:
Anastasios Chatzigiovanis, Greece
Represented by Riza Köklü
RESPONDENT:
MKE Ankaragucu SK, Türkiye
pg. 2
REF. FPSD-14855
I. Facts of the case
1.
On 18 July 2022, the Greek player, Anastasios Chatzigiovanis (hereinafter: the Player or the
Claimant), and the Turkish club, MKE Ankaragucu SK (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the aforementioned date until 31 May 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant inter
alia:
“FOR THE FOOTBALL SEASON 2023-2024
If The Club plays in the Super League
Additional Monthly Salaries
The Club undertakes to pay a total of 522.500 Euros (FiveHundredTwentyTwoThousand Euros)
net to the Player for the 2023/2024 football season for the following terms:
71.250 Euros net on 31.08.2023
71.250 Euros net on 30.09.2023
47.500 Euros net on 31.10.2023
47.500 Euros net on 30.11.2023
47.500 Euros net on 31.12.2023
47.500 Euros net on 31.01.2024
47.500 Euros net on 28.02.2024
47.500 Euros net on 31.03.2024
47.500 Euros net on 30.04.2024
47.500 Euros net on 31.05.2024
Bonuses
-
If the Player meets the success bonus conditions stated below, the related success bonus will
be paid to the Player within 60 days following the end date of the season.
If the Player plays 25 official league games in the starting 11 team, the Club accepts to pay
25.000 Euros (TwentyFiveThousandEuros) net as a success bonus.
If the Club wins the Turkish Cup at the end of the 2023/2024 season the Club accepts to pay
15.000 Euros (FifteenThousandEuros) net as a success
Other Benefits
-
The Club will make an annual contribution of 10.000 Euros (TenThousandEuros) net to
contribute to the Player’s accommodation, flight and car expenses by 31.08.2023.”
pg. 3
REF. FPSD-14855
II. Proceedings before FIFA
3.
On 5 June 2024, 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, following the expiry of the Contract, he still had a total amount
of EUR 200,000 net in receivables from the contractually agreed amounts, broken down as
follows:
−
−
−
−
−
−
5.
EUR 10,000 as other benefits for the 2023/2024 season, due on 31 August
2023
EUR 23,750 remaining receivable from a total of EUR 71,250 due as
additional monthly salary on 30 September 2023
EUR 23,750 remaining receivable from a total of EUR 47,500 due as
additional monthly salary on 28 February 2024
EUR 47,500 due as additional monthly salary on 31 March 2024
EUR 47,500 due as additional monthly salary on 30 April 2024
EUR 47,500 due as additional monthly salary on 31 May 2024
The requests for relief of the Claimant were the following:
“1. To accept the claims of Anastasios Chatzigiovanis,
2. To condemn Club MKE Ankaragücü to pay in favour of the Claimant the total unpaid
and overdue payments of Net EUR200.000 along with the interest rate of 5% p.a.
starting from the below due dates until the date of effective payment;
•
•
•
•
•
•
Net EUR10.000 along with its interest of 5% p.a. starting from 31 August 2023
until the date of effective payment,
Net EUR23.750 along with its interest of 5% p.a. starting from 30 September 2023
until the date of effective payment,
Net EUR23.750 along with its interest of 5% p.a. starting from 28 February 2024
until the date of effective payment,
Net EUR47.500 along with its interest of 5% p.a. starting from 31 March 2024
until the date of effective payment,
Net EUR47.500 along with its interest of 5% p.a. starting from 30 April 2024 until
the date of effective payment,
Net EUR47.500 along with its interest of 5% p.a. starting from 31 May 2024 until
the date of effective payment.
pg. 4
REF. FPSD-14855
3. To establish that the costs of the present arbitration procedure shall be borne by the
Respondent.”
b. Position of the Respondent
6.
Despite being invited to do so, and even after requesting an extension on the time limit,
the Respondent failed to reply to the claim.
pg. 5
REF. FPSD-14855
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: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, it took
note that the present matter was presented to FIFA on 5 June 2024 and submitted for
decision on 27 August 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.
8.
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 Greek player and a Turkish club.
9.
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 5 June 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
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. 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
he considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-14855
i. Main legal discussion and considerations
12. The Single Judge then moved to the substance of the matter, and took note of the fact that
the Claimant requests outstanding remuneration plus interest on the basis of the
employment contract signed by and between the Claimant and the Respondent.
13. In this context, the Single Judge acknowledged that his task was to determine whether the
Claimant was in fact entitled to any outstanding remuneration, based on the facts and
evidence in the file.
14. To this end, the Single Judge noted that the Claimant’s allegations concerning the
outstanding payments remained entirely undisputed, as the Respondent failed to reply to
the claim.
15. The Single Judge then recalled that, in line with the well-established jurisprudence of the
Dispute Resolution Chamber, the Respondent bore the burden of proving that it indeed
complied with the financial terms of the contract concluded between the parties.
Nonetheless, the lack of argumentation and evidence to the contrary led the Single Judge
to conclude that the Respondent had a valid and binding contract with the Claimant and
withheld payment of due amounts under the Contract without any apparent justification.
16. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment of its expiry, i.e., EUR 200,000
net.
17. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% p.a. on the outstanding amounts as follows:
−
5% interest p.a. over the amount of EUR 10,000 net calculated as of 1
September 2023 until the date of effective payment;
−
5% interest p.a. over the amount of EUR 23,750 net calculated as of 1
October 2023 until the date of effective payment;
−
5% interest p.a. over the amount of EUR 23,750 net calculated as of 29
February 2024 until the date of effective payment;
−
5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 April
2024 until the date of effective payment;
−
5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 May
2024 until the date of effective payment;
pg. 7
REF. FPSD-14855
−
5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 June
2024 until the date of effective payment.
ii. Compliance with monetary decisions
18. 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.
19. 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.
20. Therefore, bearing in mind the above, the DRC 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.
21. 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.
22. 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
23. 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.
24. 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.
pg. 8
REF. FPSD-14855
25. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
REF. FPSD-14855
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Anastasios Chatzigiovanis, is partially accepted.
2.
The Respondent, MKE Ankaragucu SK, must pay to the Claimant the following amount(s):
- EUR 200,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 10,000 net calculated as of 1 September 2023
until the date of effective payment;
- 5% interest p.a. over the amount of EUR 23,750 net calculated as of 1 October 2023 until
the date of effective payment;
- 5% interest p.a. over the amount of EUR 23,750 net calculated as of 29 February 2024
until the date of effective payment;
- 5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 April 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 May 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 47,500 net calculated as of 1 June 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-14855
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-14855
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