DRC Overdue Payables
Texto da decisão
REF. FPSD-19069
Decision of the
Dispute Resolution Chamber
passed on 6 June 2025
regarding an employment-related dispute concerning the player
Pedro Miguel Da Cunha E Sa
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Khalid AWAD ALTHEBITY (Saudi Arabia), Member
CLAIMANT:
Pedro Miguel Da Cunha E Sa, Portugal
Represented by Jose Gomes Mendes
RESPONDENT:
Club Sportif Sfaxien, Tunisia
pg. 2
REF. FPSD-19069
I. Facts of the case
1.
On 12 July 2024, the player from Portugal, Pedro Miguel Da Cunha E Sa, (hereinafter: the
Claimant or the Player) and the club from Tunisia, Club Sportif Sfaxien, (hereinafter: the
Respondent, the Club or the CSS) concluded an employment contract (hereinafter: the
Contract) valid as from 15 July 2024 until 30 June 2025.
2.
On 27 January 2025, the Claimant and the Respondent agreed to terminate the Contract
amicably by means of the so-called termination agreement (hereinafter: the Termination
Agreement).
3.
The Termination Agreement read as follows:
“[…] Article 2
1. It is agreed between the two parties that the CSS will pay the player the following amounts:
a) 4.000,00 EUR (four thousand euros) NET – regarding the 1st salary instalment (due since
31 July 2024).
b) 12.000,00 EUR (twelve thousand euros) NET - regarding the 3rd salary Instalment (due
since 30 September 2024).
c) 8.000,00 EUR (eight thousand euros) NET - regarding the 4th salary Instalment (due since
31 October 2024).
d) 8.000,00 EUR (eight thousand euros) NET - regarding the 5th salary Instalment (due since
30 November 2024).
e) 20.000,00 EUR (twenty thousand euros) NET - regarding the 6th salary Instalment (due
since 31 December 2024).
f) 12.000,00 EUR (twelve thousand euros) NET - regarding the 7th salary Instalment.
g) 12.000,00 EUR (twelve thousand euros) NET - regarding the performance bonus per games.
h) 72.000,00 EUR (seventy-two thousand euros) NET as compensation for termination of the
employment contract.
In addition, CSS shall also provide the player on or before the signature of the present
Termination Agreement one flight ticket (chosen by the player in economic class, with 2 Checkin baggage included with a capacity up to 22kg each and one additional carry-on suitcase) to
ensure his return to Portugal, on the itinerary Sfax – Porto.
pg. 3
REF. FPSD-19069
Article 3
1. That is a total Settlement Sum of 136.000,00 EUR (one hundred and thirty-six thousand
euros) NET to be paid by the CSS to the Player on 7 (seven) instalments as follows:
a) 20.500,00 EUR (twenty thousand five hundred euros) NET no later than 28/02/2025.
b) 16.500,00 EUR (sixteen thousand five hundred euros) NET no later than 31/03/2025.
c) 16.500,00 EUR (sixteen thousand five hundred euros) NET no later than 30/04/2025.
d) 16.500,00 EUR (sixteen thousand five hundred euros) NET no later than 31/05/2025.
e) 16.500,00 EUR (sixteen thousand five hundred euros) NET no later than 30/06/2025.
f) 16.500,00 EUR (sixteen thousand five hundred euros) NET no later than 31/07/2025.
g) 33.000,00 EUR (thirty-three thousand euros) NET no later than 31/08/2025.
2. Both Parties also agree that if, and only if, all installments mentioned above under Article
3, n.º 1, a), b), c), d), e) and f) are paid on time and in full (i.e., if all the agreed amounts are
deposited in full in his bank account and available to the player up to each of the agreed due
dates), this 7th instalment of 33.000,00 EUR (thirty-three thousand euros) NET [mentioned
above under Article 3, n.º 1, g)] will not be due and the total Settlement Sum will be reduced
from 136.000,00 EUR (one hundred and thirty-six thousand euros) NET to 103.000,00 EUR
(one hundred and three thousand euros) NET.
Article 4
In case CSS fails to pay the Player, in full, any of the Settlement Sum installments mentioned
above on the agreed due dates (i.e., if all the agreed amounts are not deposited in full in his
bank account and available to the player up to each of the agreed due dates), all the
remaining instalments will become immediately due (i.e. without the Player being required to
notify CSS to set it in default or to require any payment), thus CSS being required to pay the
full Settlement Sum (without any reduction) of 136.000,00 EUR (one hundred and thirty-six
thousand euros) NET. In addition, CSS must pay the Player default interest will be due at the
rate of 5% (five percent) per annum, counted from the date on which the payment became
due until the date on which it is actually made by CSS to the Player.
[…]
Article 6
CSS expressly and irrevocably acknowledges that all amounts established on the present
Termination Agreement are “NET” and will not be reduced by any tax or other amounts. For
the sake of clarity, CSS shall be responsible for any kind of taxes and deductions of any nature
accrued in accordance with the Tunisian Tax legislation. […]”
pg. 4
REF. FPSD-19069
4.
On 15 March 2025, the Claimant put the Respondent in default of payment and requested
payment within 10 days of EUR 136,000 net, plus 5% interest p.a. as from 1 March 2025
until the date of effective payment.
5.
On 1 April 2025, the Claimant sent another default notice to the Respondent and requested
payment within 10 days of EUR 136,000 net, plus 5% interest p.a. as from 1 March 2025
until the date of effective payment.
II. Proceedings before FIFA
6.
On 29 April 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
7.
In his claim, the Claimant argued that the Club failed to remit the first instalment of the
Termination Agreement. Therefore, it is the position of the Claimant that he is entitled to
the entire value of the Termination Agreement, i.e. EUR 136,000 net, as stipulated in the
acceleration clause of the Termination Agreement.
8.
Considering the foregoing, the Claimant requested payment from the Respondent of EUR
136,000 net, plus 5% interest p.a. as from the date on which the payment became due until
the date of effective payment.
b. Position of the Respondent
9.
In its reply, the Respondent rejected the claim of the Claimant without providing any
explanation.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Dispute Resolution Chamber (hereinafter: the 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 29 April 2025 and submitted for decision on
6 June 2025. Taking into account the wording of art. 31 and 34 of the January 2025 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.
pg. 5
REF. FPSD-19069
11. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 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 Portuguese player and a Tunisian club.
12. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
13. 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 Transfer Matching System (TMS).
c. Merits of the dispute
14. Having established the competence and the applicable regulations, 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
assessing the matter at hand.
i. Main legal discussion and considerations
15. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Termination Agreement.
16. In particular, the Chamber noted that, according to the Claimant, he is entitled to EUR
136,000 net because the Respondent failed to remit the first instalment of the Termination
Agreement, which triggered its acceleration clause inserted in its article 4. In addition, the
Chamber noted that the Respondent merely rejected the claim of the Claimant without
providing any explanation.
pg. 6
REF. FPSD-19069
17. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, 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.
18. The Chamber 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 Termination Agreement
concluded between the parties. Nonetheless, the Chamber observed that the Respondent
failed to provide any evidence to prove the payment of the amount claimed as outstanding
by the Claimant and that no reasonable justification was presented by the Respondent for
not having complied with the terms of the Termination Agreement.
19. In continuation, the Chamber proceeded to assess the validity of the acceleration clause
inserted in the following article 4 of the Termination Agreement:
“In case CSS fails to pay the Player, in full, any of the Settlement Sum installments mentioned
above on the agreed due dates (i.e., if all the agreed amounts are not deposited in full in his
bank account and available to the player up to each of the agreed due dates), all the
remaining instalments will become immediately due (i.e. without the Player being required
to notify CSS to set it in default or to require any payment), thus CSS being required to pay
the full Settlement Sum (without any reduction) of 136.000,00 EUR (one hundred and thirtysix thousand euros) NET. In addition, CSS must pay the Player default interest will be due at
the rate of 5% (five percent) per annum, counted from the date on which the payment became
due until the date on which it is actually made by CSS to the Player.”
20. After a thorough analysis of the aforementioned article, the Chamber wished to emphasize
that – in principle and in accordance with the jurisprudence of the Football Tribunal – the
acceleration of subsequent payments upon the non-payment of an amount previously due
as principal is a practice traditionally recognized and considered proportionate, insofar as
it constitutes a security in benefit of the creditor, since it encourages the debtor party to
respect its financial obligations towards the creditor party.
21. The above being said, the Chamber underscored that acceleration of subsequent
payments that were contractually due (even if originally foreseen as payable at a later
stage) can be considered as an early maturity of the principal amount due, which – in casu–
is proportionate, in view of the lack of payment of the first instalment of the Termination
Agreement and in light of what was specifically agreed between the parties under article
4 of the Termination Agreement within their autonomy of the will (pacta sunt servanda).
22. Considering the foregoing, the Chamber concluded that the acceleration clause included
in the Termination Agreement is valid, binding on the parties and was triggered on 1 March
2025.
pg. 7
REF. FPSD-19069
23. 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 the Claimant the accelerated
amount of EUR 136,000 net as outstanding remuneration.
24. Lastly, taking into consideration the Claimant’s request, as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on EUR 136,000 net as from 1 March 2025 until the date of effective
payment.
ii. Art. 12bis of the Regulations
25. The Chamber then 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.
26. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
27. Accordingly, the Chamber also confirmed that the Respondent 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.
28. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. The Chamber also 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.
29. On account of the above, and considering that the Respondent is a repeat offender, the
Chamber decided to impose a reprimand on the Respondent in accordance with art. 12bis
par. 4 lit. b) of the Regulations.
iii. Compliance with monetary decisions
30. 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.
31. 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
pg. 8
REF. FPSD-19069
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
32. 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.
33. 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.
34. 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
35. 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.
36. 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.
37. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
REF. FPSD-19069
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Pedro Miguel Da Cunha E Sa, is accepted.
2.
The Respondent, Club Sportif Sfaxien, must pay to the Claimant the following amount:
- EUR 136,000 net as outstanding remuneration plus 5% interest p.a. as from 1 March
2025 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A reprimand 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.
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-19069
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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