DRC Overdue Payables
Texto da decisão
REF. FPSD-16533
Decision of the
Dispute Resolution Chamber
passed on 22 November 2024
regarding an employment-related dispute concerning the player Pedro Perez
Conde
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Pedro Perez Conde, Spain
Represented by Ramon Valencia
RESPONDENT:
Giannina PAS 1966, Greece
pg. 2
REF. FPSD-16533
I. Facts of the case
1.
On 4 April 2023, the Spanish player, Pedro Perez Conde (hereinafter: the Player or the
Claimant), and the Greek club, Giannina PAS (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from 1 July 2023
until 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant EUR
89,500 net as follows:
3.
In addition, on the same date, the parties signed an additional agreement (hereinafter the
Additional Agreement) and agreed on bonuses including the following:
4.
EUR 8,500 payable on 30 September 2023;
EUR 9,000 payable on 31 October 2023;
EUR 9,000 payable on 30 November 2023;
EUR 9,000 payable on 31 December 2023;
EUR 9,000 payable on 31 January 2024;
EUR 9,000 payable on 28 February 2024;
EUR 9,000 payable on 31 March 2024;
EUR 9,000 payable on 30 April 2024;
EUR 9,000 payable on 31 May 2024;
EUR 9,000 payable on 30 June 2024.
EUR 1,000 for each goal and/or assist in official match (SL1 & Cup);
EUR 1,000 for each win of the Club.
On 15 March 2024, the Parties signed a “Payment Agreement- Settlement of debt” (hereinafter
the Settlement Agreement) through which the Club acknowledged that, until 29 February
2024, the amount of EUR 65,502 remained outstanding. In this regard, the Parties agreed
on the following payment schedule:
EUR 9,751 payable until 29 March 2024;
EUR 9,751 payable until 20 April 2024;
EUR 43,000 payable until 15 May 2024.
5.
Furthermore, the parties agreed that ”Failure to pay by the due date of any of the instalments
above shall entitle the employee to claim the entire outstanding amount in a single payment.”
6.
On 17 September 2024, the Player sent a default notice to the Club requesting the payment
of EUR 50,850. Specifically, the Player requested the following amounts giving them 10 days
to comply with their default:
pg. 3
REF. FPSD-16533
EUR 39,000 corresponding to the salaries from March to June 2024, i.e. EUR 9,750
per month;
EUR 15,000 as bonuses.
II. Proceedings before FIFA
7.
On 10 October 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
8.
9.
The requests for relief of the Claimant, were the following:
EUR 9,000 arising from the Settlement Agreement;
EUR 39,000 corresponding to the total amount of the salaries of March, April, May
and June 2024 arising from the Contract, i.e. EUR 9,750x 4 months;
EUR 15,000 corresponding to the following bonuses arising from the Additional
Agreement:
o EUR 11,000 for 9 goals/assists in an official match, i.e. EUR 1,000x 9
o EUR 4,000 for 4 winning games.
Finally, the Player requested 5% interest as from the due dates of the above amounts as
well as the payment of the legal costs of EUR 3,365.
b. Position of the Respondent
10. The Respondent acknowledged that the amount of EUR 56,400 net remains outstanding.
11. However, the Club claimed having paid the Player the amount of EUR 4,600 in the concept
of reimbursement of medical expenses and in particular a visit to “a special physiotherapist”.
The Respondent further explained that “this amount was not voluntarily paid by the
Respondent to the Claimant as a bonus and with the view to increase his income and also it was
not paid by virtue of any obligation of the Respondent or any other contractual obligation
towards the Claimant. As such the above amounts agreed to be paid to the Claimant, otherwise
it would lead to the Claimant’s unjustifiable enrichment.”
12. In addition, the Respondent also contested the calculation of the bonuses alleging that “the
claimant also requests to receive the agreed bonus for 9 goals and 4 wins of the Respondent’s
team, of the amount of 1,000 euros per goal and win and totally of the amount of EUR 13,000
(i.e. 9,000 + 4,000 euros) and not the amount of EUR 15,000 as the Claimant mistakenly
calculates […].”
pg. 4
REF. FPSD-16533
13. Finally, the Respondent requested the following relief:
“To rule that the amount payable by the Respondent to the Claimant is of EUR 56,400
net.
To reject any other claim and assertion of the Claimant;
To rule that the Claimant shall bear any and all costs of the proceeding.”
pg. 5
REF. FPSD-16533
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. 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 10 October 2024 and submitted for
decision on 22 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.
15. 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 Greek club.
16. 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 10 October 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
17. 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
18. 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 it will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-16533
i. Main legal discussion and considerations
19. The Single Judge then turned to the substance of the matter, and took note of the fact that
the parties strongly dispute the amounts outstanding on the basis of the Contract, the
Additional Agreement and the Settlement Agreement. Consequently, the Single Judge
acknowledged that his primary task was to determine the relevant amounts.
20. In this context the Single Judge recalled that the Claimant requested the payment of the
total amount EUR 63,000, corresponding to the following amount:
EUR 9,000 as the balance of the Settlement Agreement;
EUR 39,000 for the salaries of March, April, May and June 2024, i.e. EUR 9,750x 4
arising from the Contract;
EUR 15,000 regarding the bonus arising from the Additional Agreement. In
particular, 9 goals x EUR 1,000, 2 assists x EUR 1,000 and 4 winning games x EUR
1,000.
21. The Single Judge noted that the Respondent acknowledged that EUR 56,400 net remain
overdue.
22. However, the Single Judge also took note of the fact that the Respondent disputed the
calculation of the bonuses.
23. In this regard, he recalled that according to the Additional Agreement, the parties had
agreed on EUR 1,000 for each goal and/or assist in official match and EUR 1,000 for each
win.
24. Based on the documentation on file, the Single Judge observed that the Player scored 9
goals and gave 2 assists and the team won 4 games in the respective season.
25. Therefore, the Single Judge deemed that the bonuses of the Additional Agreement have
been duly triggered and overdue and decided the Player was entitled to receive EUR 15,000
as bonuses.
26. In addition, the Single Judge observed that the Club requested the deduction of EUR 4,600
from the total outstanding amount claimed. However, it was noted that the proof of
payment submitted by the Club to justify this deduction pertained to medical expenses.
According to well-established DRC jurisprudence, such an amount shall not be deducted
from the Player’s salaries and bonuses, as it merely represents the Club’s general duty of
care.
pg. 7
REF. FPSD-16533
27. Consequently, based on the above and the principle of pacta sunt servanda, the Single Judge
decided the Player was entitled to receive the amount of EUR 63,000 corresponding to the
balance of the Settlement Agreement of EUR 9,000, the salaries of March, April, May and
June 2024 arising from the Contract of EUR 39,000, as well as the bonuses arising from the
Additional Agreement of EUR 15,000.
28. Taking into consideration the Player’s request as well as the constant practice of the DRC
in this regard, the Single Judge decided to award the player 5% interest p.a. as follows:
5% interest p.a. over the amount of EUR 9,000 as from 15 May 2024 until the date of
effective payment;
5% interest p.a. over the amount of EUR 9,750 as from 1 April 2024 until the date of
effective payment;
5% interest p.a. over the amount of EUR 9,750 as from 1 May 2024 until the date of
effective payment;
5% interest p.a. over the amount of EUR 9,750 as from 1 June 2024 until the date of
effective payment;
5% interest p.a. over the amount of EUR 9,750 as from 1 July 2024 until the date of
effective payment;
5% interest p.a. over the amount of EUR 15,000 as from 10 October 2024 until the
date of effective payment.
29. Finally, the Single Judge noted that due to the generic request for relief, for the amounts
that the due dates could not be determined (i.e. the bonuses), the interest shall run as from
the date of the lodge of the claim.
ii. Application of art. 12 bis of the Regulations
30. Having established the above, the Single Judge referred to art.12bis 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. 12bis par. 4 of the Regulations.
31. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due for more than 30 days, and granted the Club
with 10 days to cure such breach of contract.
pg. 8
REF. FPSD-16533
32. Accordingly, the Single Judge also confirmed that the Club had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
33. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations it
has competence to impose sanctions on the club. On account of the above and bearing in
mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
34. In this connection, the Single Judge highlighted that a repeated offence will be considered
as an aggravating circumstance and lead to more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
pg. 9
REF. FPSD-16533
d. Costs
40. 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.
41. 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.
42. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 10
REF. FPSD-16533
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Pedro Perez Conde, is partially accepted.
2.
The Respondent, Giannina PAS 1966, must pay to the Claimant the following amount(s):
- EUR 63,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount EUR 9,000 of as from 15 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 9,750 of as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 9,750 of as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 9,750 of as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 9,750 of as from 1 July 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 15,000 of as from 10 October 2024 until the date
of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
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 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. 11
REF. FPSD-16533
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. 12
REF. FPSD-16533
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. 13