Labour Disputes
Texto da decisão
REF. FPSD-11990
Decision of the
Dispute Resolution Chamber
passed on 19 February 2023
regarding an employment-related dispute concerning
the player BAGALIY DABO
BY:
Angela COLLINS (Australia)
CLAIMANT:
BAGALIY DABO, France
Represented by Loizos Hadjidemetriou
RESPONDENT:
APOLLON LIMASSOL, Cyprus
Represented by Alkis Papantoniou
pg. 2
REF. FPSD-11990
I. Facts of the case
1.
On 1 July 2022, the French player, Bagaliy Dabo (hereinafter: Claimant or player) and the
Cypriot club, APOLLON LIMASSOL (hereinafter: club or Respondent) concluded an
employment contract (hereinafter: contract) valid as from 1 July 2022 until 30 June 2023.
2.
According to the contract, the club undertook to pay to the player, a monthly gross salary
of EUR 11,500 (EUR 10,000 net) in ten (10) instalments.
3.
On 1 July 2022, the player and club additionally signed a supplementary agreement
(hereinafter: supplementary agreement), in accordance with which the club undertook to
provide the following additional benefits to the player the following additional amounts:
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“APOLLON will provide a. car for the needs of the PLAYER, in case he holds a valid driving
license. The PLAYER will be responsible for any damage of the car that is not covered by
the insurance.
Bonuses according to Internal Regulations of the Club for Championship/Cup win.
€25.000 net as minimum guaranteed bonus for each football season if the Club qualifies to
the UEFA Europa League Group Stage only if the Player plays in 50% of the qualifying games
(the calculation will be based according to the total minutes of qualifying games).
€50.000 net as minimum guaranteed bonus for each football season if the Club qualifies to
the UEFA Champions' League Group Stage only if the Player plays in 50% of the qualifying
games (the calculation will be based according to the total minutes of qualifying games).
€10.000 net as minimum guaranteed bonus for each football season if the Club qualifies to
the UEFA Conference League Group Stage only if the Player plays in 50% of the qualifying
games (the calculation will be based according to the total minutes of qualifying games).
€15.000 net as additional salary for each football season if the Club qualifies to the UEFA
Europa League Group Stage only if the Player plays in 50% of the qualifying games (the
calculation will be based according to the total minutes of qualifying games).
€25.000 net as additional salary for each football season if the Club qualifies to the UEFA
Champions' League Group Stage only if the Player plays in 50% of the qualifying games (the
calculation will be based according to the total minutes of qualifying games).
The player shall be entitled for football season 2022/2023 the amount of €75.000 net as
additional salary. The amount shall be divided in 10 installments of€7500 net payable at
31/8/2022 until 31/5/2023.
Also, for football season 2022-2023 the amount of €6000 divided in 12 equal installments
of €600 payable from 31/7/2022 to 30/6/2023 for allowances (apartment) and €1000 for
flight tickets.”
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4.
On 29 May 2023, the club proposed to terminate the contract with the player, which
settlement was not accepted by the player.
5.
On 30 September 2023, the player put the club in default and requested payment of EUR
54,669, granting it a deadline of 5 days to comply.
pg. 3
REF. FPSD-11990
II. Proceedings before FIFA
6.
On 29 September 2023, 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
7.
In his claim, the player argued that the club failed to comply with its contractual financial
obligations.
8.
The requests for relief of the player, were that the club pay him the following:
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i. EUR 17,500 net plus legal interest from 01/05/2023 until full payment.
ii. EUR 17,500 net plus legal interest from 01/06/2023 until full payment.
iii. EUR 19,669 net plus legal interest from 31/08/2022 until full payment.
b. Position of the club
9.
In its reply, the club confirmed that it owes the player the following amounts:
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i. EUR 10,000 net as monthly salary for April 2023
ii. EUR 10,000 net as monthly salary for May 2023
iii. EUR 7,500 as additional payment for April 2023
iv. EUR 7,500 as additional payment for May 2023.
10. As to the bonus payments, the club stipulated the following:
(a) Championship Bonus
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the club confirmed that it won the Cypriot Championship of the 2021/22 season.
In accordance with the Letter provided by the Claimant, the Club undertook to pay the
Player the amount of EUR 32,571 as bonus for winning the 2021/22 Championship.
As evidenced by the club, the club has completed the following payments in relation to the
Championship Bonus, total EUR 26,057:
(a) 30.09.2022: EUR 16,286.00
(b) 01.02.2023: EUR 6,514.00
(c) 12.05.2023: EUR 3,257.00
In light of the above, the amount that remains outstanding in relation to the Championship
Bonus is equal to EUR 6,514.
(b) UEFA Group Stage Bonuses
pg. 4
REF. FPSD-11990
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On the basis of the Supplementary Agreement, dated 01.07.2022 (in connection with the
2022/23 season), the parties agreed, amongst others, on the following bonus regarding the
qualification to the UEFA Europa Conference League:
“€10,000 net as minimum guaranteed bonus for each season if the Club qualifies to the
UEFA Conference League Group Stage, only if the Player plays in 50% of the qualifying
games (the calculation will be based according to the total minutes of qualifying
games).”
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the condition of participation in 50% of the qualifying matches is not met and the Player is
not entitled to claim the amount of the aforementioned bonuses. (Note: see exhibit 1b)
In addition to the above, we emphasise that the two documents submitted by the Claimant
before Your Chamber as proposed settlement agreements between the parties for the
settlement of their differences, cannot be considered as evidence because they are not
signed. Therefore, their content is irrelevant to the determination of present dispute.
In light of the above, we hereby request by Your Chamber to determine that the Player is
not entitled to receive any amounts arising from UEFA Competition Bonuses and as a
result, to
reject the relevant part of the claim for the amount of EUR 13,155.
11. In conclusion, the club requested the following relief:
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to determine that the Player's request for the amount of EUR 54,669 shall be rejected.
to determine that the outstanding payments arising from the employment relationship
between the Club and the Player are the following:
I. EUR 35,000 in connection with the salaries of April and May 2022;
II. EUR 6,514 in connection with the Championship Bonus.
c. Unsolicited Comments of the Claimant
12. The Claimant addressed his entitlement to the UEFA group stage bonuses, which claim was
denied by the Respondent and accordingly stipulated the following:
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the Respondent’s allegation that the Claimant is not entitled to any further bonuses is
totally untrue, indecent and is made with the only intention to mislead the FIFA DRC and
deprive the Claimant from the amounts which he has duly earned.
After the team won its qualification to the UEFA Conference League Group Stage (UECL) for
the UEFA 2022-23 season, the Respondent decided to provide team bonuses to all of its
players. Additional to any bonuses potentially mentioned in each player’s contract. For this
reason, the Respondent issued a one-page document and posted it on the board of the
dressing rooms. This document stated the team bonuses for the whole of the 2022-23
season and included bonuses for the UECL Group Stage matches. According to this
document, a total of EUR 125,000 would be distributed to the players for every win and a
total of EUR 40,000 for every draw.
pg. 5
REF. FPSD-11990
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The way which the Respondent was informing its players on the exact amounts which each
player was entitled to receive for the UECL match bonuses, was by posting statements on
the board of the dressing rooms. The Claimant is in possession of posts for two out of the
three matches for which he is entitled to a bonus. As seen in exhibit 8, the Claimant is
entitled to EUR 6,000 for the match against AZ Alkmaar (win) and EUR 485 for the match
against Vaduz which was a draw and in which the Claimant was not even on the bench.
For all reasons mentioned above, the Claimant is calling the FIFA DRC to reject all of the
allegations of the Respondent and issue a decision as per his Request for Relief.
pg. 6
REF. FPSD-11990
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred to
as 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 29 September 2023
and submitted for decision on 19 February 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.
2. Subsequently, 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 lit. b) of the Regulations on
the Status and Transfer of Players (May 2023 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 player from France and a club from Cyprus.
3. 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 (May 2023 edition), and
considering that the present claim was lodged on 29 September 2023, the May 2023 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
4.
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
5.
His competence and the applicable regulations having been established, 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 the assessment of the matter at hand.
pg. 7
REF. FPSD-11990
i. Main legal discussion and considerations
6.
The foregoing having been established, the Single Judge moved to the substance of the
matter and took note that the parties strongly dispute the total amount that was
outstanding and due to the player.
7.
In this context, the Single Judge acknowledged that his task was to determine whether the
amounts claimed by the player had indeed already fallen due and were to be paid by the
club.
8.
The Single Judge noted that in its submission, the club confirmed that it owed the player
his remuneration for April and May 2023 in the total amount of EUR 35,000 and balance of
agreed championship bonus in the amount of EUR 6,514, however it contested the player’s
entitlement to the UEFA group stage bonus amounts, arguing that the player failed to
comply with the contractually stipulated condition. i.e., 50% participation
9.
In this context, the Single Judge observed based on the documentation on file and to proof
the player’s entitlement to the said bonus, he provided (i) unsigned settlement agreements,
and (ii) and an unsigned document posted on the team board submitted as a part of his
unsolicited comment.
10. In this regard, the Single Judge deemed it appropriate to recall the basic principle of burden
of proof as stipulated in art. 13 par. 5 of the Procedural Rules, according to which a party
that asserts a fact has the burden of proving it.
11. Following the above, the Single Judge concluded that the player did not meet his burden of
proof in order to demonstrate his entitlement to the UEFA group stage bonus.
12. In view of the foregoing, the Single Judge concluded that the club was indeed in arrears of
its financial obligations relating to the player’s salaries for April and May, as well as the
balance of the agreed championship bonus.
ii. Consequences
13. Having stated the above, the Single Judge turned his attention to the question of the
consequences of such unjustified breach committed by the Respondent.
14. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the total
amount of EUR 41, 514.
15. What is more, based on its well-established jurisprudence as well as taking into account the
Claimant’s request, the Single Judge decided to award 5% interest p.a. on the above
amounts as from the respective due dates as follows:
pg. 8
REF. FPSD-11990
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On the amount of EUR 17,500 as from 1 May 2023 (April salary)
On the amount of EUR 17,500 as from 1 June 2023 (May salary)
On the amount of EUR 6,514 as from 1 September 2023
iii. Compliance with monetary decisions
16. 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 his 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.
17. 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.
18. 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.
19. 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.
20. 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
21. 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.
22. 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.
pg. 9
REF. FPSD-11990
23. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 10
REF. FPSD-11990
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, BAGALIY DABO, is partially accepted.
2.
The Respondent, APOLLON LIMASSOL, must pay to the Claimant the following amount(s):
- EUR 41,514 as outstanding remuneration plus 5% interest p.a. as from the respective
due dates until the date of effective payment as follows:
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On the amount of EUR 17,500 as from 1 May 2023
On the amount of EUR 17,500 as from 1 June 2023
On the amount of EUR 6,514 as from 1 September 2023
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.
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-11990
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).
CONTACT INFORMATION
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 12