Labour Disputes
Texto da decisão
REF. FPSD-13389
Decision of the
Dispute Resolution Chamber
passed on 7 May 2024
regarding an employment-related dispute concerning
the player Simon Sylvanus Deli
BY:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Angela COLLINS (Australia), member
Laurel VAURASI (Fiji), member
CLAIMANT:
Simon Sylvanus Deli, Ivory Coast
Represented by Ersin Hamarat
RESPONDENT:
Yukatel Adana Demirspor, Türkiye
Represented by Umur Varat
pg. 2
REF. FPSD-13389
I. Facts of the case
1.
On 31 August 2021, the Ivorian player, Simon Sylvanus Deli (hereinafter: Claimant or player)
and the Turkish club, Yukatel Adana Demirspor (hereinafter: club or Respondent) concluded
an employment contract (hereinafter: contract) valid as from 31 August 2021 until 31 May
2024.
2.
On 19 July 2023, the parties signed a termination agreement, according to which the
Respondent undertook to pay the total amount of EUR 903,000 to the player, as follows:
- EUR 103,000 in cash upon signing the termination agreement;
- EUR 100,000 with bank cheque, payment date 30 September 2023;
- EUR 200,000 with bank cheque, payment date 30 October 2023;
- EUR 150,000 with bank cheque, payment date 30 November 2023;
- EUR 150,000 with bank cheque, payment date 30 December 2023;
- EUR 200,000 with bank cheque, payment date 30 January 2024.
3.
On 30 October 2023 (after having remitted the first two instalments as agreed), the parties
agreed upon a new payment date (20 November 2023) and the club issued a cheque.
4.
On 20 November 2023, the player received a payment of EUR 100,000, however EUR
100,000 (of the third instalment) remained unpaid. Subsequently, the club issued a new
cheque dated 16 December 2023 for EUR 100,000.
5.
On 30 November 2023, the player tried to cash in the next cheque (fourth instalment),
however the payment was not available.
6.
On 11 December 2023, the Claimant put the Respondent in default and requested payment
of EUR 100,000 (fourth instalment) setting a 8 days’ time limit in order to remedy the
default.
7.
On 16 December 2023, the player tried to cash in the cheque for the remaining amount of
the third instalment, however it was not covered.
8.
On 19 December 2023, the Claimant put the Respondent in default and requested payment
of EUR 100,000 (third instalment) setting a 8 days’ time limit in order to remedy the default.
9.
On 30 December 2023, the player tried to cash in the cheque for the fifth instalment,
however it was not covered.
10. On 5 January 2024, the Claimant put the Respondent in default and requested payment of
EUR 150,000 (fifth instalment) setting a 8 days’ time limit in order to remedy the default.
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REF. FPSD-13389
II. Proceedings before FIFA
11. On 18 January 2024, the Claimant filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Claimant
12. In his claim, the Claimant requested payment of EUR 400,000, corresponding to the
outstanding amounts from the termination agreement, plus 5% interest p.a. as of the due
dates.
13. In his claim, the player argued that the claimed amounts remained unpaid.
b. Position of the Respondent
14. In its reply, the club acknowledged its debt, however pointed out that the player received
the cheque for all those payments and would need to return those to the club in case of a
payment.
15. The club further argued that it faced financial difficulties due to the earthquake dated 6
February 2023.
c. Replica of the Claimant
16. In his replica, the Claimant reiterated his position.
17. He pointed out that the club failed to proof payment of the claimed amounts.
18. The player also declared to return the uncovered cheques if the Football Tribunal orders
him to do so.
d. Duplica of the Respondent
19. In its duplica, the Respondent pointed out that the player acknowledged to be in
possession of the 3 cheques and that as long as not returned, the club shall not be
condemned to pay the amounts in question.
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REF. FPSD-13389
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
20. 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 18 January 2024 and submitted
for decision on 7 May 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.
21. Subsequently, the members of 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 March 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 and a club.
22. 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 Regulations on the Status and Transfer of Players (February 2024 edition), and
considering that the present claim was lodged on 18 January 2024, 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
23. 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
24. 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.
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REF. FPSD-13389
i. Main legal discussion and considerations
25. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the matter at hand concerns a claim of a player
against a club for an outstanding payment from a settlement agreement.
26. In this context, the Chamber acknowledged that its task was to decide if the player is indeed
entitled to the claimed amounts or not.
27. The Chamber duly noted that according to the player, the club failed to remit the total
amount of EUR 400,000, corresponding to the partial 3rd instalment (EUR 100,000), the 4th
and 5th instalment (2x EUR 150,000) resulting from the termination agreement.
28. The members of the Chamber also noted that the Respondent acknowledged not having
paid those amounts but argued that it issued cheques and that such cheques must be
returned before a payment is ordered.
29. The Chamber maintained that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. The DRC established that the claimed amounts remained outstanding.
30. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided to partially accept the claim and award the player the following
amounts, while ordering him to return the cheques to the club:
- EUR 150,000 plus 5% interest p.a. as from 20 December 2023 until the date of
effective payment;
- EUR 100,000 plus 5% interest p.a. as from 28 December 2023 until the date of
effective payment;
- EUR 150,000 plus 5% interest p.a. as from 15 January 2024 until the date of effective
payment.
ii. Compliance with monetary decisions
31. 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.
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REF. FPSD-13389
32. 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.
33. 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.
34. 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.
35. 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
36. 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.
37. 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.
38. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-13389
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Simon Sylvanus Deli, is partially accepted.
2.
The Respondent, Yukatel Adana Demirspor, must pay to the Claimant the following
amount(s):
- EUR 150,000 net plus 5% interest p.a. as from 20 December 2023 until the date of
effective payment;
- EUR 100,000 net plus 5% interest p.a. as from 28 December 2023 until the date of
effective payment;
- EUR 150,000 net plus 5% interest p.a. as from 15 January 2024 until the date of effective
payment.
3.
The Claimant has to return the cheques received to the Respondent within 30 days of
notification of this decision.
4.
Any further claims of the Claimant 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 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
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REF. FPSD-13389
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
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