DRC Overdue Payables
Texto da decisão
REF. FPSD-15241
Decision of the
Dispute Resolution Chamber
passed on 16 August 2024
regarding an employment-related dispute concerning the player
Coşkun Şahin Oğlu Diniyev
BY:
Angela Collins (Australia)
CLAIMANT:
Coşkun Şahin Oğlu Diniyev, Azerbaijan
Represented by Mr Nihat Güman
RESPONDENT:
Ümraniyespor Kulübü Derneği, Türkiye
Represented by Mr Ercan Sevdimbaş
pg. 2
REF. FPSD-15241
I. Facts of the case
1.
On 10 August 2023, the Azeri player Coşkun Şahin Oğlu Diniyev (hereinafter: Claimant) and
the Turkish club Ümraniyespor Kulübü Derneği (hereinafter: Respondent) concluded an
employment contract (hereinafter: the Contract) valid as from 10 August 2023 until
30 June 2024.
2.
According to the Contract, the Respondent undertook to pay the Claimant inter alia a total
sum of EUR 110,000 net for the 2023/2024 season, payable as follows:
-
3.
EUR 11,000 net monthly salary between August 2023 and May 2024;
EUR 20,000 net advance payment on 20 August 2023;
EUR 10,000 net promotion bonus in case the Respondent gets promoted to 1st division
of Türkiye.
On 5 June 2024, the Claimant formally requested payment from the Respondent of
EUR 47,453 net within 10 days.
II. Proceedings before FIFA
4.
On 17 June 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is set out below.
a. Position of the Claimant
5.
According to the Claimant, a total amount of EUR 47,453 net had remained unpaid by the
Respondent following the expiration of the Contract.
6.
The Claimant emphasised that, despite a formal warning, the Respondent failed to comply
with its financial obligations towards him.
7.
Thus, the Claimant requested payment of EUR 47,453 net plus interest of 5% p.a. as from
the respective due dates of the allegedly unpaid instalments, which correspond to the
following specific contractual items:
-
3,453 EUR remaining salary of November 2023;
11,000 EUR salary of February 2024;
11,000 EUR salary of March 2024;
11,000 EUR salary of April 2024;
11,000 EUR salary of May 2024.
pg. 3
REF. FPSD-15241
b. Position of the Respondent
8.
In its reply, the Respondent alleged that it made the payment at an unspecified date, and
referred to a proof of payment as purportedly enclosed evidence.
9.
As a result, the Respondent requested for the claim to be rejected.
c. Comments of Claimant as to alleged payments
10. The Claimant briefly outlined that it did not receive payment, that no proof of payment was
on file, and that it insisted on its request of relief.
pg. 4
REF. FPSD-15241
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 16 July 2024 and submitted for
decision on 16 August 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.
12. 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 Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between an Azeri player and
a Turkish club.
13. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she 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 16 July 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
14. 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 she 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
15. 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 she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
pg. 5
REF. FPSD-15241
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the non-compliance with certain financial obligations by the
Respondent under the Contract.
17. In this context, the Single Judge acknowledged that her task was to determine whether,
based on the evidence on file, the Respondent indeed defaulted on the amounts in dispute,
and subsequently what the consequences of such non-compliance may be.
18. In the case at hand, the Single Judge recalled the parties’ positions, starting with the
Claimant, who argued that the following amounts remained outstanding:
-
3,453 EUR remaining salary of November 2023;
11,000 EUR salary of February 2024;
11,000 EUR salary of March 2024;
11,000 EUR salary of April 2024;
11,000 EUR salary of May 2024.
19. On the contrary, the Respondent alleged that it had indeed made the payments, and that,
consequently, the claim should be rejected.
20. At this stage, the Single Judge recalled the principle of the burden of proof, pursuant to
which the party that asserts a certain fact bears the obligation of proving the veracity
thereof with appropriate evidence.
21. With this in mind, the Single Judge analysed the evidence on file, and in particular noted
that, despite alleging that it had made payments in respect of the amounts in dispute, the
Respondent failed to enclose any evidence corroborating such payments.
22. Equally, the Single Judge noted that the Claimant confirmed not having received the
amounts claimed in reply to the Respondent’s assertions, and that no evidence to that
effect had been adduced to the file by the Respondent.
23. Consequently, the Single Judge concluded that the Respondent’s allegation of payment,
without the appropriate evidence, could not be taken into consideration.
24. Thus, the Single Judge established that the amounts remained outstanding, and decided
that, in accordance with the general legal principle of pacta sunt servanda, the Claimant is
entitled to EUR 47,453 net as outstanding remuneration together with annual interest of
5% as per the request for relief and the Football Tribunal’s constant jurisprudence:
pg. 6
REF. FPSD-15241
-
On the amount of EUR 3,453 net, as from 1 December 2023 until the date of effective
payment;
On the amount of EUR 11,000 net, as from 1 March 2024 until the date of effective
payment;
On the amount of EUR 11,000 net, as from 1 April 2024 until the date of effective
payment;
On the amount of EUR 11,000 net, as from 1 May 2024 until the date of effective
payment;
On the amount of EUR 11,000 net, as from 1 June 2024 until the date of effective
payment.
ii. Art. 12bis of the Regulations
25. In continuation, 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.
26. To this end, the Single Judge confirmed that the player put the club in default of payment
of the amounts sought, most of which had fallen due more than 30 days before, and
granted the club a 10-day deadline to cure such breach of contract.
27. Accordingly, the Single Judge confirmed that the club had delayed due payments without a
prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations were met in the case at hand.
28. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations
she has competence to impose sanctions on the club. On account of the above and bearing
in mind that this is the 2nd offense by the club related to overdue payables within the last
two years, the Single Judge decided to impose a reprimand on the club in accordance with
art. 12bis par. 4 lit. b) of the Regulations.
29. In this connection, the Single Judge highlighted that a repeated offence will be considered
as an aggravating circumstance and lead to a more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
30. 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 her 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.
pg. 7
REF. FPSD-15241
31. 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.
32. 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.
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 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
35. 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.
36. 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.
37. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-15241
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Coşkun Şahin Oğlu Diniyev, is accepted.
2.
The Respondent, Ümraniyespor Kulübü Derneği, must pay to the Claimant the following
amount(s):
- EUR 47,453 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 3,453 net as from 1 December 2023 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 11,000 net as from 1 March 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 11,000 net as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 11,000 net as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 11,000 net as from 1 June 2024 until the date of
effective payment.
3.
A reprimand is imposed on the Respondent.
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.
pg. 9
REF. FPSD-15241
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. 10
REF. FPSD-15241
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. 11