Acórdão do FIFA, processo Dokovic_2024-03-21

Data

21/03/2024

Fonte

inside.fifa.com

DRC Overdue Payables

Texto da decisão

REF. FPSD-13332

Decision of the
Dispute Resolution Chamber
passed on 21 March 2023
regarding an employment-related dispute concerning
the player Damjan Dokovic

COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Alejandro ATILIO TARABORELLI (Argentina), Member
Gonzalo DE MEDINILLA (Spain), Member

CLAIMANT:
Damjan Dokovic, the Netherlands
Represented by Ioan Ivascu

RESPONDENT:
Al Raed, Saudi Arabia
Represented by Pedro Macieirinha

pg. 2

REF. FPSD-13332

I. Facts of the case
1.

The parties to the dispute are the Dutch footballer Damjan Dokovic (hereinafter: the Claimant
or the Player), and the Saudi club, Al Raed (hereinafter: the Respondent or the Club).

On 23 July 2022, the Claimant and the Respondent concluded an employment contract
(hereinafter: the contract), valid as from the same date until 22 June 2023.

Under the contract, the Respondent undertook to pay to the Claimant the following concepts:

USD 50,000 “net of any taxes, bank fees and foreign exchange charges” per month as salary,
payable by the end of each calendar month for the term of the contract.

USD 150,000 “net of any taxes, bank fees and foreign exchange charges” as fixed payment,
due by 23 July 2022.

Housing allowance granted by the Club in an unspecified amount.

A car granted by the Club.

Two round trip tickets for the Player and his family per season.

Match bonuses per the Club’s policy.

On an unspecified date, the Club issued the following declaration:
“We, The Board of Directors of AI-Raed Sport Club in Buraidah, inform you that Professional
Football Player/ Damjan Dokovic (Nederiandse Nationality) holder of passport No (NMLP13R9)
Total housing allowance amount is Forty thousand Saudi Riyals only (40.000 SR) his contract ends
on 22/06/2023 in the season 2022/2023 in Saudi Premier Professional League.”

By correspondence dated 29 November 2023, the Claimant put the Respondent in default of
payment of EUR 16,770, explaining as follows:
-

The Club failed to pay the full salary of September 2022 for USD 830, April 2023 for USD
4,310, June 2023 for USD 36,667, the “rental value” for SAR 40,000 (USD 10,667) and a
visa fine for SAR 3,500 (USD 933), which in total amounts to USD 53,407.

The Club made a payment of EUR 36,637 on 15 November 2023.

The outstanding debt amounted to EUR 16,770, which the Player prompted the Club to
pay within 10 days.

pg. 3

REF. FPSD-13332

II. Proceedings before FIFA
6.

On 11 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

In his claim, the Player argued as follows:
-

As to the visa fine, the Player argued that he was placed by the Club on a tourist visa and
upon exiting Saudi Arabia, he was fined by to local authorities. It is to be noted that in
support of this argument the Player filed a document in Dutch only.

As to the housing allowance, the Player stated that he is entitled to receive the total
amount of SAR 40,000 net, representing the rent value related to the entire duration of
the contract, meaning the total consideration of the amount of USD 10,667.00 (USD 1 =
SAR 3.75).

The Player explained that the Club made a payment of EUR 36,637 on 15 November 2023,
and therefore the Club is in debt for USD 16,740 towards him. He also filed evidence as
to payments received from the Club consisting of bank statements, all filed in Dutch. It is
to be noted that the FIFA general secretariat requested a translation from those
documents to no avail.

The Player requested the following relief:
“To order Al RAED to pay Mr. Damjan Djokovic the following outstanding contractual salaries:
- Rest of payment for the salary of September 2022, (USD 830 outstanding);
- Rest of payment for the salary of April 2023 (USD 4310 outstanding);
- SAR 40,000 (USD 10,667), the amount representing the rental value.- 3500 SAR (933 USD) amount representing the visa fine.”

The Player also requested “a 5% interest per annum for the abovementioned salaries, calculated
from the due date of each amount until the date of the effective payment”.
b. Position of the Respondent

10. In its reply, the Respondent held that it has made all the due payments to the Claimant, thereby
fulfilling its financial obligations towards him for the total amount of USD 694,920. In support
of the above, the Club has submitted documents apparently issued by SNB Bank, which are
partially in Arabic and partially in English.

pg. 4

REF. FPSD-13332

11. The Club further argued that deductions were made from the Player’s earning due to traffic
fines he received for SAR 17,400 or USD 4,640, in line with the disciplinary regulations of the
Club. It is to be noted that the Club did not present evidence of deductions or disciplinary
proceedings, or traffic fines.
12. As to the visa fine, the Club argued as follows:
“The player's travel requires official travel procedures by the club with the competent authorities.
(…) And accordingly a fine of 3,500 Saudi riyals (933 US dollars) was issued to the player, which
represents the visa fine.
(…) The Claimant shall be ordered to answer regarding his travel outside the Kingdom of Saudi
Arabia without notifying the club.”
13. The Club requests that the claim be rejected and that the Claimant bear the procedures' costs.
c. Comments on payments made
14. The Player, upon request of the FIFA general secretariat, stated that since the claim has been
filed, no amounts were received.

III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. 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 11 January 2024 and submitted for decision
on 21 March 2023. 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.
16. 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 par. 1 lit. b) of
the Regulations on the Status and Transfer of Players (February 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 a Dutch player and a
Saudi club.
17. 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 11 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

pg. 5

REF. FPSD-13332

18. 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
19. 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.
i. Main legal discussion and considerations
20. The foregoing having been established, the Chamber moved to the substance of the matter,
and took note of the fact that this is a claim of a player against a club for overdue payables. The
Player argues, on one side, that he was not paid part of his remuneration and requested
reimbursement of a fine regarding his visa status. The Club, for its part, argues that all dues
were paid, and deductions were made due to the Player’s traffic violations in line with
disciplinary proceedings. At the same time, the Club does not deny the existence of the visa
fine, but states it was due to the Player’s own fault.
21. As a departure point, the DRC recalled that the Club bore the burden to demonstrate it has
complied with the financial obligations under the contract. The Chamber accordingly confirmed
that the Respondent has failed to do so in that (i) no evidence was not presented in what
concerns the deductions made; and (ii) the documents on file are partially translated only with
regards to the payments allegedly made, being therefore of no probatory value in line with art.
13 par. 1 and 3, which read as follows (emphasis added):
“Article 13: Submissions and evidence
1. Any submission to FIFA shall be made in English, Spanish, or French. Any submission to FIFA
not made in one of the aforementioned languages will be disregarded. (…)
3. Any type of evidence may be produced. A chamber has ultimate discretion as to the weight it
gives to evidence. All the evidence upon which a party intends to rely must be filed in the
original language and, if applicable, translated into English, Spanish or French.”
22. For the sake of completeness, the Chamber underlined that the same goes for the Player’s
position concerning the expenses with the visa / banking statements, as the documentation
filed is in Dutch and unaccompanied by a translation. It cannot thus be taken into account.

pg. 6

REF. FPSD-13332

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 to the Claimant the following
amounts:
-

USD 830 as balance of salary of September 2022.
USD 4,310 as balance of salary of April 2023.
SAR 40,000 as housing allowances.

24. In addition, taking into consideration the Claimant’s request as well as the constant practice of
the Chamber in this regard, the latter decided to award the him interest at the rate of 5% p.a.
on the outstanding amounts as from their respective due dates for the salaries and one day
after the expiry of the contract for the rental allowance, since no due dates were established in
the contract, which also does not state that the amount is to be paid on a monthly basis. In all
cases, interests shall accrue until the date of effective payment.
25. In continuation, the Chamber moved to the visa issue. In doing so, while it seemed at first that
the evidence in support of this part of the Player’s claim was insufficient to establish his
entitlement in that it was wither lacking or untranslated, the Club indeed acknowledged its
existence and stated the Player was to blame.
26. Therefore, the Chamber concluded that since this fact is expressly recognized by the Club, the
Player shall be reimbursed this expense as it is the Club’s general duty to have the correct visa
status of the Player in line with the jurisprudence of the Chamber. He shall earn therefore SAR
3,500 together with 5% interest p.a. as from the date of claim until the date of effective
payment, since the evidence on file is unclear regarding his departure date from Saudi Arabia,
and the proof of payment cannot be considered as it was filed in Dutch as indicated above.
ii. Article 12bis of the Regulations
27. In continuation, the Chamber 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.
28. To this end, the Chamber confirmed that the player put the club in default of payment of the
amounts sought, which had fallen due more than 30 days before, and granted the club a 10day deadline to cure such breach of contract.
29. Accordingly, the Chamber confirmed that the club had delayed a due payment without a prima
facia contractual basis. It followed that the criteria enshrined in art. 12bis of the Regulations
was met in the case at hand.
30. The Chamber 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 1st offense by the club within the last two years, the Chamber decided to impose
a warning on the club in accordance with art. 12bis par. 4 lit. a) of the Regulations.

pg. 7

REF. FPSD-13332

31. In this connection, the Chamber 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
32. 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.
33. 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.
34. 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.
35. 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.
36. 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
37. 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.
38. 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.
39. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made by
any of the parties.

pg. 8

REF. FPSD-13332

IV. Decision of the Dispute Resolution Chamber
1.

The claim of the Claimant, Damjan Dokovic, is partially accepted.

The Respondent, Al Raed, must pay to the Claimant the following amount(s):
- USD 830 as outstanding remuneration plus 5% interest p.a. as from 1 October 2022 until
the date of effective payment.
- USD 4,310 as outstanding remuneration plus 5% interest p.a. as from 1 May 2023 until the
date of effective payment.
- SAR 40,000 as outstanding remuneration plus 5% interest p.a. as from 23 June 2023 until
the date of effective payment.
- SAR 3,500 as outstanding amount plus 5% interest p.a. as from 11 January 2024 until the
date of effective payment.

Any further claims of the Claimant are rejected.

A warning is imposed on the Respondent.

Full payment (including all applicable interest) shall be made to the bank account indicated in
the enclosed Bank Account Registration Form.

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.

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.

This decision is rendered without costs.

For the Football Tribunal:

Emilio García Silvero
Chief Legal & Compliance Officer

pg. 9

REF. FPSD-13332

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
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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pg. 10