Labour Disputes
Texto da decisão
REF. FPSD-8370
Decision of the
Dispute Resolution Chamber
passed on 26 May 2023
regarding an employment-related dispute concerning
the player Erald Çinari
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Mario FLORES CHEMOR (Mexico), member
Roy VERMEER (The Netherlands), member
CLAIMANT/COUNTER-RESPONDENT:
Erald Çinari, Albania
Represented by Rodrigues Bastos, Magalhães e Silva, RL
RESPONDENT/COUNTER-CLAIMANT:
Yilport Samsunspor, Türkiye
Represented by Anıl Dinçer
INTERVENING PARTY:
FK Shkendija AD, North Macedonia
pg. 2
REF. FPSD-8370
I. Facts of the case
1.
On 1 July 2021, the Albanian player, Erald Çinari (hereinafter: the Player or the
Claimant/Counter-Respondent) and the Turkish club, Yilport Samsunspor (hereinafter: the
Club or the Respondent/Counter-Claimant) concluded an employment contract (hereinafter:
the contract) valid as from 1 July 2021 until 31 May 2024.
2.
According to clause 6 of the contract, the Respondent undertook to pay the Claimant the
following amounts:
-
2021/2022 season:
• Sing on fee: EUR 75,000 payable on or before 03 August 2021.
• Salary: EUR 175,000 payable in 10 instalments as follows:
EUR 17,500 on 17 August 2021;
EUR 17,500 on 15 September 2021;
EUR 17,500 on 15 October 2021;
EUR 17,500 on 16 November 2021;
EUR 17,500 on 15 December 2021;
EUR 17,500 on 18 January 2022;
EUR 17,500 on 15 February 2022;
EUR 17,500 on 15 March 2022;
EUR 17,500 on 15 April 2022;
EUR 17,500 on 17 May 2022.
• Monthly allowance (accommodation and transport) of EUR 1,000 from August
2021 to May 2022.
-
2022/2023 season:
• Salary: EUR 200,000 payable in 10 instalments:
EUR 20,000 on 16 August 2022;
EUR 20,000 on 15 September 2022;
EUR 20,000 on 18 October 2022;
EUR 20,000 on 15 November 2022;
EUR 20,000 on 15 December 2022;
EUR 20,000 on 17 January 2023;
EUR 20,000 on 15 February 2023;
EUR 20,000 on 15 March 2023;
EUR 20,000 on 18 April 2023;
EUR 20,000 on 16 May 2023.
• Monthly allowance (accommodation and transport) of EUR 1,000 from August
2022 to May 2023.
-
2023/2024 season:
• Salary: EUR 225,000 payable in 10 instalments:
pg. 3
REF. FPSD-8370
•
-
EUR 22,500 on 15 August 2023;
EUR 22,500 on 15 September 2023;
EUR 22,500 on 17 October 2023;
EUR 22,500 on 15 November 2023;
EUR 22,500 on 15 December 2023;
EUR 22,500 on 15 January 2024;
EUR 22,500 on 15 February 2024;
EUR 22,500 on 15 March 2024;
EUR 22,500 on 16 April 2024;
EUR 22,500 on 15 May 2024.
Monthly allowance (accommodation and transport) of EUR 1,000 from August
2023 to May 2024.
All amounts mentioned in the contract are net.
3.
As per the information retrieved from the Transfer Matching System (TMS), first registration
period of the Türkiye Football Federation (TFF) for the season 2022/2023 started on 17 June
2022 and ended on 8 September 2022.
4.
On 27 September 2022, the Player sent the following letter to the Club:
“(…) the club as decided to not register me for the 2022/2023 season. As if that was not
enough, the club put me to train apart from the first team, on a different schedule, sometimes
with no doctors, no physiotherapist, no complete staff. Conditions that are obstacles to a
player’s career development. Furthermore, on August, 2022, the club accessed my room and
emptied it without my permission, and without prior notice, alleging that the facilities were
full, as well as the first team. This conduct is a massive disrespect and a violation of my
privacy, and cannot be tolerated.
Nor can I forget that the club has not been complying with the financial obligations assumed
contractually. As you are certainly aware, currently, I do not have my salaries regularized.
On top of all this, a member of the club’s board addressed to me with unjustified disrespect
and aggressiveness that made me feel uncomfortable, mistreated and misplaced.
I have been tried to bear this whole situation patiently, always with utmost professionalism,
without ever failing to fulfil my obligations towards the club. But unfortunately, it got to a
point where it affected my professional, personal, and family life.
For all the above, I want to invite the club, within the next 15 (fifteen) days, to find a friendly
solution for the situation I am living, a good solution for both parties.
pg. 4
REF. FPSD-8370
Otherwise, I have no other option than resorting to the FIFA Dispute Resolution Chamber, as
a contractually defined competent court to settle any dispute arising from the employment
contract I entered with the club.”
5.
On 4 October 2022, the Club replied the Player indicating that:
-
The Player was not registered as the TFF changed its rules and regulations. However,
the Club manifested that it wishes to maintain the contractual relationship.
The Club is planning to pay the overdue to the Player and it will maintain all financial
and sporting conditions same as the First team’s other players.
The Club indicated that the Player will be taken back to train with the First team.
6.
On 5 October 2022, the Club provided the Player with a document called “Declaration and
Acceptance letter”, in which the Player would accept to be non-registered. The Club argued
that it indicated the Player to disregard this document.
7.
On 13 October 2022, the Player filed a claim (FPSD-7855) against the Club in front of FIFA
requesting to FIFA, inter alia, to terminate the Player’s contract. The Claim was not
completed within the provided deadline in accordance with art. 18 of the Procedural Rules
Governing the Football Tribunal (hereinafter: the Procedural Rules) and the Player’s petition
was deemed to have been withdrawn and file was closed.
8.
On 10 November 2022, the Player sent a letter to the Club, indicating that:
-
As per his letter dated 27 September 2022, the Club is in clear breach of the contract
which entitles the Player to unilaterally terminate the contract in accordance with art
14 of the Regulations on the Status and Transfer of Players (RSTP).
-
The Player invited the Club to negotiate “the Player’s career” within the next 10 day.
The Player is only willing to accept one of two situations:
“An agreement between the Player and the Club which provides that in the event of delay
in the payment of an instalment on its due date, the remaining instalments due until the
end of the relevant season are automatically due (Acceleration Clause) AND if the Club
fails to register the Player in the next registration period, i.e., Winter Transfer Window, or,
after registering him if the Club deregisters the Player until the end of the Employment
Contract, causes the Player’s contract to be automatically terminated by mutual
agreement and will give rise to the payment of the residual value of the Employment
Contract.
OR,
Mutual termination of the Employment Contract with entire payment of the residual value
of the Employment Contract”.
9.
On 14 November 2022, the Club replied to the Player the following:
pg. 5
REF. FPSD-8370
-
-
The Club intended to register the Player, however the TFF regulations changed close
to the end of the transfer season.
The Club plans to register the Player for the season 2022/2023.
The Player has attended to all personal training and did not complain.
From 27 September 2022 until 10 November 2022, the Club has not received any
correspondence from the Player. In particular, the Club added that the: “deregistration is not our Club's preference, and it is just about the necessity regarding the
Turkish Football Federation's regulation which was lately sent to the Clubs.
Apart from that, our Club has always communicated with you during this period of
deregistration and you explicitly accepted (directly and indirectly) to do personal training
and never complaint about this as from 27.09.2022 until today”.
The Club will contact the Player to discuss the current and future situation of the
Player.
The Club requested the Player to continue with the training with the first team.
10. On 16 November 2022, the Player replied to the Club the following:
-
-
-
The de-registration of the Player is the sole and exclusive responsibility of the Club.
“The Player, as the professional he is, kept attending to the training sessions, because he
has always respected his Contract with the Club, something that the Club did not. That is
not equivalent to accept his situation, he simply respected his Contract while his legal
team is taking care of legal issues”.
The reason that no correspondence was sent as from 27 September 2022 to 10
November 2022, was due that during the same period, the Player lodged a Claim in
FIFA, under case number FPSD-7855.
the Player further added that he “cannot agree on the terms proposed for the meeting:
the proposed date for the meeting, i.e., 24.11.2022, exceeds the 10-day period granted by
the Player for the amicable resolution of the dispute. Another issue is related to the
unnecessary and logistical difficulty of traveling to Samsun for a meeting that, in essence
on our part, will be brief, because as we already stated in this letter, and in the letter
dated 10.11.2022 we remain irreducible in our position”.
11. On 17 November 2022, the Player requested the TFF to provide with the information that
the Player was not registered for the 2022/2023 season.
12. On 18 November 2022, the Club replied to the Player’s correspondence dated 16
November 2022 and indicated, inter alia, that a videoconference would be held on 21
November 2022.
13. On the same date, 18 November 2022, the Player replied the Club stating that the Club
tried to discredit his allegations but that nonetheless he would participate in the
videoconference.
pg. 6
REF. FPSD-8370
14. On 21 November 2022, the Player sent a proposal after the videoconference with the Club,
granting a deadline until 23 November 2022 for the Club to reply.
15. On 22 November 2022, the Club sent a counterproposal to the Player. The Club proposed
the Player, inter alia: to waive his salary by EUR 10,000 and “(…) our club will give Mr. Cinari
a guarantee to be registered to the Turkish Football Federation on or before 30 July 2023 (…)”
16. On the same date, 22 November 2022, the Player stated that the only proposal he would
accept is proposal he sent the Club and the deadline to accept is until 23 November 2022.
17. On 24 November 2022, the Player notified the Club the termination of the contract to under
art. 14 RSTP alleging that the Club breached the contract as he trained separately, the
treatment of some members of the Club towards the Player, delays of the salary payment
and the non-registration of the Player.
18. On 25 November 2022, the Club sent the Player a “warning letter” in which the Club stated,
inter alia, that:
-
-
-
The Club and the Player were trying to find an amicable solution for both parties.
However, the Player have “suddenly and unreasonably decided to spot the negotiation
with the latest correspondence”.
“Although there was impossibility to complete your registration for the first half of the
2022/23 football season, you were doing training with the first team for a long time
without having any complaint. [The Club] has been told by your manager and coaches
that you were doing training with the first team yesterday as well, just few hours before
your termination”
“Consequently, [the Club] is warning you for a last time and hereby giving you last chance
to find amicable solution for all of us. For this reason, you are invited to immediately
withdraw your recent action and contact with [the Club]'s representatives on or before
27.11.2022. Otherwise, [the Club] will immediately initiate all necessary legal actions and
open legal case against you before FIFA Dispute Resolution Chamber (FIFA DRC) for the
unilateral termination of the contract without just cause. [the Club] will also request
compensation for the early termination and sporting sanction imposing on you”.
19. On 18 January 2023, the Player signed an employment contract with the North Macedonian
club, FK Shkendija AD (hereinafter: the new club), valid as from the date of signature until
14 June 2024, including a monthly salary of EUR 500 net.
II. Proceedings before FIFA
20. On 27 November 2022, the Player filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Player
pg. 7
REF. FPSD-8370
21. The Player lodged a claim against the Club for breach of contract.
22. According to the Player he terminated the contract with just cause in accordance with art.
14 RSTP as “(i) is/was not able to compete due to the non-registration he suffered from the
Clubʼs decision; (ii) he was not fully integrated in the first team (iii) he trained apart from the first
team for the 22/23 season, (iv) he has not received a proper training routine for a professional
player, (v) as well as he not always dully received his salaries and had overdue payables to
receive from the Club”.
23. The Player detailed that “from 13 October 2022 to 15 November 2022, the Player did not
discuss any issue with the Club because, during that time, the Player lodged the aforementioned
Claim under case number FPSD-7855, of which FIFA DRC is aware”.
24. The Player requested the following relief:
“1. The Dispute Resolution Chamber has jurisdiction to hear and determine this dispute.
2. The Respondent did not registered the Player for the 2022/2023 season, because it already
used up its entire quota of foreign players and wanted to register another foreign players, as
in fact it did.
4. The Claimant has a legit just cause to terminate the Contract with the Club based on his
non-registration and Club’s treatment, pursuant to Article 14 of the RSTP.
5. The Respondent shall pay the Player the amount of 382.000,00 EUR as compensation for
the breach of the Contract.
6. The Respondent shall be imposed a ban from registering new players for two entire and
consecutive registration periods, pursuant to Article 17, point 4 of FIFA RSTP.
7. Order the Respondent to pay all legal costs, levies and expenses anyhow related to this
procedure”.
25. On 13 January 2023, the Player added information to his claim, and provided evidence that
on 7 January 2023, that a non-Turkish player, Arvydas Novikvoas, terminated the contract
with the Respondent.
b. Position of the Club and counterclaim
26. The Club filed a counterclaim for breach of contract.
27. The Club argued that:
-
The Club could not complete the Player’s registration in TFF due to wrong
explanations from the TFF to Turkish clubs and its decision to not change the rules
and regulations especially about the foreign limit.
pg. 8
REF. FPSD-8370
-
-
-
-
The Club has promptly communicated and informed the Player about this situation
and allowed him to find another club and negotiate, in accordance with the Club,
said information was communicated to the Player in August 2022.
“The Player has explicitly and tacitly accepted this situation as waiving his legal rights
and closing the FIFA legal case and not raising any more complaint more than two
months”.
The Claimant has never sent any letter and warned to the Club about the poor
conditions during the personal and/or first team trainings as mentioned in his claim.
The Respondent has always paid the Player’s salaries on the same date with other
first team players.
The Player’s correspondences have been promptly replied by the Club.
The Player was training on the same conditions than other Club’s players of the first
team.
The Club acted in good faith in the negotiation process to find amicable solution and
added that “despite the club’s good faith to warn the Claimant about the possible
outcomes of the unilateral termination without just cause and given him opportunity to
continue negotiation process and find amicable solution, the Claimant has rejected all
these warnings”.
With regards to the evidence provided by the Player referring to WhatsApp
communications, the Club argued that it might be fake and can be easily prepared.
The Player “has been aware to be deregistered and waited more than three months to
raise complaint close to the beginning of 2022/23 winter transfer season to be benefitted
from this problem and receive more from the Respondent Club with his excessive
requests. Therefore, the Claimant shall not be deemed as acting in good faith”.
28. The Club concluded that it has successfully provided to the Player all essential
requirements, however, the Player has “abused the Respondent Club’s goodwill and tried to
be benefited more with the way of the unilaterally terminating his employment agreement”. The
Club considered that the contract’s termination was unjust and was a clear result of the
substantial breach of the Claimant. To support these assertions, the Club provided various
pictures and videos of the Player participating with the Club.
29. The Club requested the following relief:
“- To reject all claims of the Claimant stated in his application to your Court on 27.10.2022
and dismiss his application dated 27.10.2022.
- In case of acceptance the claims of the Claimant, to deduct all remuneration in the
Claimant’s new employment agreement from total compensation amount if it is decided.
Counter- claim
1. To accept the claims (counterclaims) of the Club Samsunspor.
2. To condemn the Claimant that the Employment Agreement was unilaterally terminated by
the Claimant without just cause and the Claimant has seriously breached the Contract.
3. to condemn the Claimant to pay in favor of the Respondent/Counterclaimant Net 382.000
EUR (remaining part of the remuneration), as compensation for the breach of contract along
pg. 9
REF. FPSD-8370
with its interest of 5 % p.a. starting from the date of the present claim, in accordance with
article 17 para. 1 of te Regulations on the Status and Transfer of Players and FIFA’s
commentary on the Regulations.
4. to impose a sporting sanction between 4-6 months against the Claimant for breach of the
Employment Agreement as unilaterally terminating the Contract without just cause, in
accordance with the Article 17 para. 3 of the Regulations on the Status and Transfer of
Players.
5. to establish that the costs of the present arbitration procedure shall be borne by the
Respondent”.
c. Reply of the Player to the counterclaim
30. The Player’s argument remained unchanged and he requested FIFA to reject the
counterclaim.
31. As to the allegation that the Player did not complain about the situation, he indicated that
this is not accurate, as he informed the former club Respondent’s Counsellor of
Administrative Board and Director of Development (Mr. Batu Kaplan) about the situation
the Player was facing.
32. The Player additionally argued that he was thrown from his accommodation facilities
without prior knowledge.
33. What is more, the Player contested the Club’s allegation that he was informed about the
non-registration, considering that the summer registration window in Türkiye closed on 8
September 2022, and it did no elapse 2 months.
34. The Player also considered that he has just cause to terminate the contract and that the
Club’s position shall be disregarded taking into account that : “(1) being deprived of
competition and kept facing a damaging paralysation in his career, (ii) was not fully integrated
in the first team trainings, was deprived of his room at [the Club]’s facilities without his prior
knowledge and/or consent, and his access to complete coaching staff and medical staff was
reduced, (iii) was not treated has a part of the Respondent’s first team plans and was not
properly treated by the Club, (iv) had no guarantees, because [the Club] did not want to give
those guarantees despite [the Club]’s request, that he would be able to compete in the rest of
the 22/23 season, and (v) [the Club] wanted and tried to make the Claim waive to half of his
salary, in any case”.
35. As to the pictures and videos brought forward by the Club, the Player argued that it does
“not provide a substantial evidence that the Claimant was fully integrated into first-team
trainings, because: (i) the dates in the photographs’ captions are unverified and are not
accompanied of any serious indication that such photographs were taken on those respective
dates; (ii) in the absence of such proof of dates, it is not possible to confirm that such photos
were actually captured on such dates, and may be, nothing more, nothing less, than
pg. 10
REF. FPSD-8370
photographs of one or two prior training sessions with different dates in the caption, but (iii)
even if such photographs were accompanied by reliable dates, that would not be enough to
prove that the Claimant was completely integrated into the first team’s training sessions,
performing the same training plan as the other colleagues, without any differentiated treatment,
as alleged by the Respondent, who had the burden to proof such allegation and failed to do so”.
36. As to the negotiation process, the Player considered that the Club “did not act in good faith,
did not want to commit with the Claimant, did not have any interest in the Claimant’s services,
and tried to make the Claimant wave to 50% of his salary, in any case scenario, forcing the
Claimant to change the terms of his Contract, and possibly, forcing it to terminate the Contract
in order for the Player to recover his career”.
37. Alternatively, and in case FIFA states that the contract was not terminated with just cause,
the Player stated that (a) the amount claimed by the Club shall be deducted, by EUR 17,000
related to the housing allowance (b) the Club failed to prove the damages suffered and (c)
FIFA should take into account equity and economic reasonableness.
d. Final comments of the Club
38. As to allegations that the Player complained against Mr Batu Kaplam, the Club challenged
the evidence provided by the Player. Additionally, it mentioned that the Club is not
responsible and obliged to give any accommodation to its players.
39. As to the deregistration of the Player, the Club indicated that it did not intentionally
deregister the Claimant and the issue of deregistration was caused by the TFF’s
explanations, behaviours and actions.
40. The Club argued that the contract was terminated by the Player 2.5 months after the
deregistration. Thus, the Player has clearly accepted to be deregister considering he has
not taken any legal action against the Club and preferred to maintain contractual
relationship with the Club.
41. The Club has further provided additional videos of the Player training with the Club
between 04 October 2022 until 24 November 2022, which led to conclude to the Club that
the Player’s actions, behaviours and reactions on the videos and photographs truly reflect
the satisfaction and happiness of the Player.
42. As to the payments, the Club stated that it paid the Player at the same time than the other
players and provided a copy of the corresponding bank receipts.
43. As to the request for compensation for breach of contract, the Club amended it to EUR
785,000.
pg. 11
REF. FPSD-8370
44. Lastly, as to the mitigation of the damages of the Player, if awarded, the Club indicated that
the amount of EUR 17,000 related to accommodation shall awarded as the Player is no
longer in Türkiye and the amount shall also be deducted by the Player’s new salary.
e. Position of the Intervening party
45. In accordance with the new club, the Player terminated the contract with just cause, as the
Club explicitly confirmed that it deregistered the Player along with its overall abusive
behaviour towards him. Moreover, the new club argued that it did not induce the Player to
breach his contract, since the new club registered the Player 3 months after the
termination.
46. The Club requested to reject “all reliefs sought by Counter-Claimant in this case, and in any
event, to reject groundless requests by the Counter-Claimant that the Club is to be jointly and
severally liable to pay any compensation to the Counter-Claimant and the groundless requests
for the sporting sanctions to be imposed on the Club”.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
47. 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 presented to FIFA on 27 November 2022 and
submitted for decision on 26 May 2023. Taking into account the wording of art. 34 of the
March 2023 edition of the Procedural Rules, the aforementioned edition of the Procedural
Rules is applicable to the matter at hand.
48. Subsequently, the Chamber 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 lit. b) of the Regulations
on the Status and Transfer of Players (May 2023 edition), the Dispute Resolution Chamber
is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a player from Albania and a club from
Türkiye, with the involvement of a club from North-Macedonia.
49. Subsequently, 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 RSTP (May 2023 edition), and considering that the present claim was lodged
on 27 November 2022, the October 2022 edition of said regulations (hereinafter: the
Regulations) is applicable to the matter at hand as to the substance.
b. Burden of proof
pg. 12
REF. FPSD-8370
50. The Chamber 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 Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the TMS.
c. Merits of the dispute
51. Its competence and the applicable regulations having been established, the Chamber
entered into the merits of the dispute. In this respect, the Chamber started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Chamber 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.
i. Main legal discussion and considerations
52. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the termination of the
contract and its consequences.
53. In brief, while the Player considered that he had just cause to terminate the contract
considering that (a) the Player was not registered; (b) he was not fully integrated in the first
team; (c) he trained apart from the first team for the 2022/23 season; (d) he has not been
instructed with a proper training routine for a professional player and (e) the salaries were
not paid on the due dates. The Club, for its part, considered that the termination was
without just cause considering (a) the non-registration was not intentional as the TFF
provided different messages regarding the registration of foreign players; (b) the Player
has explicitly and tacitly accepted this situation as he waived his legal rights and closed the
first proceedings lodged with FIFA without raising any additional complaint for more than
two months; and (c) the Player was paid, and he did train with the principal team.
54. From the arguments of the parties as well as the documentation on file and TMS, the
Chamber was able to establish that:
-
-
The first registration period in Türkiye for the 2022/2023 season ended on 8
September 2022.
The Player was not registered for the 2022/2023 season.
On 27 September 2022 the Player sent a letter to the Club complaining about his
situation, in which he mentioned, inter alia, that he was not registered for the
2022/2023 season and he was training in separate.
On 4 October 2022, the Club replied to the Player explaining the reasons why the
Player was not registered and that he could train with the first team.
pg. 13
REF. FPSD-8370
-
On 14 October 2022, the Player filed a claim in front of FIFA, however, the claim was
withdrawn since not properly completed, and the file was closed.
Between 10 November 2022 until 23 November 2022 the parties were in
communication in order to solve this situation.
The counterproposal of the Club dated 22 November 2022 mentioned, inter alia, that
the Club could guarantee the Player to be registered on or before 30 July 2023.
On 24 November 2022, the Player terminated the contract.
55. In this context, the Chamber first reminded the parties that, in line with the jurisprudence
of the Chamber, the registration procedure is the sole responsibility of a club and upon
which a player has in general no influence. As the Club is supposedly interested in acquiring
the rights of the Player and in benefiting from his services, it is also expected that it acts
accordingly and executes the administrative formalities in view of obtaining, for instance,
the registration with the engaging federation. Consequently, the Chamber confirmed that
it is the obligation of the Club to ensure that all administrative formalities are met for the
Player to be able to play, as per the contract.
56. The Chamber further wished to remind that in accordance with the jurisprudence of the
Chamber and as mentioned in page 114 of the Commentary of the RSTP, “a club – as an
employer – has the duty to protect the personality rights of the player – as an employee. The
career development of a footballer may be prejudiced as a result of inactivity and thus, the club
has a duty to allow its players to engage in the activity for which they have been in principle
employed and are qualified for”. Consequently, the non-registration of a player will result in
a serious misconduct of a club. In view of the foregoing, the Chamber concluded that in
case the TFF changed its regulations regarding the registration of foreign players, the Player
cannot be responsible of that decision - on the contrary, the Club must have protected the
Player.
57. Additionally, the Chamber noted that the fact that the Player only reacted 19 days later, or
a month later after the Club’s letter on 4 October 2022, it does not mean that the Player
was accepting this situation. On the contrary, the DRC found that as per Player’s behaviour,
he asked the Club to find a solution and was not in agreement with being not registered.
58. The Chamber further noted that the Club would only be able to register the Player on or
before 30 July 2022, which would result in the Player not playing for one year, which
constitutes a serious breach of the contract.
59. Finally, the Chamber wished to mention with regards to the argumentation of the Club that
the Player waived his rights to file a claim as he previously withdrawn his Claim in front of
FIFA; in accordance with art. 18 of the Procedural Rules a party may resubmit his/her claim
in case said claim was not completed and closed by the FIFA General Secretariat.
60. Based on the foregoing, the Chamber concluded that the Player had a just cause to
unilaterally terminate the contract.
pg. 14
REF. FPSD-8370
ii. Consequences
61. Having stated the above, the Chamber turned its attention to the consequences of such
unjustified breach of contract committed by the Club. With regards to the calculation of the
amount of compensation payable to the Player by the Club in the case at stake. In doing
so, 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.
62. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of 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.
63. 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.
64. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 382,000 serves as the basis for the determination of the
amount of compensation for breach of contract.
65. 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 as well as art. 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.
66. Indeed, the player found employment with FK Shkendija AD. In accordance with the
pertinent employment contract, the player was entitled to approximately EUR 500 per
pg. 15
REF. FPSD-8370
month. Therefore, the Chamber concluded that the player mitigated his damages in the
total amount of EUR 8,500, that is, EUR 500 times 17.
67. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations. In the case
at hand, the Chamber confirmed that the contract termination did not take place due to
overdue payables by the Club, and therefore decided that the Player shall not receive
additional compensation.
68. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the club must pay the amount of EUR
373,500 to the player (i.e., EUR 382,000 minus EUR 8,500), which was to be considered a
reasonable and justified amount of compensation for breach of contract in the present
matter.
69. Lastly, the Chamber noted that no interests were requested thus it shall not be awarded in
line with the principle ne ultra petita.
iii. Compliance with monetary decisions
70. 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.
71. 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.
72. 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.
73. 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.
pg. 16
REF. FPSD-8370
74. 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
75. 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.
76. 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.
77. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 17
REF. FPSD-8370
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/Counter-Respondent, Erald Çinari, is partially accepted.
2.
The counterclaim of the Respondent/Counter-Claimant, Yilport Samsunspor, is rejected.
3.
The Respondent/Counter-Claimant must pay to the Claimant/Counter-Respondent the
following amount:
- EUR 373,500 net as compensation for breach of contract without just cause.
4.
Any further claims of the Claimant/Counter-Respondent and the Respondent/CounterClaimant are rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
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/Counter-Claimant 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/CounterRespondent 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. 18
REF. FPSD-8370
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 19