Labour Disputes
Texto da decisão
REF. FPSD-16188
Decision of the
Dispute Resolution Chamber
passed on 12 December 2024
regarding an employment-related dispute concerning the
player Acacia Elle Edwards
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Roy VERMEER (The Netherlands), Member
Alejandro ATILIO TARABORELLI (Argentina & Italy), Member
CLAIMANT:
Acacia Elle Edwards, USA
RESPONDENT:
Málaga C.F, S.A.D., Spain
pg. 2
REF. FPSD-16188
I. Facts of the case
1.
According to the American player Acacia Elle Edward (hereinafter, the Claimant or the
Player) in August 2023 she concluded an employment contract with the Spanish club
Málaga CF, S.A.D. (hereinafter, the Respondent or the Club) by signing the so-called “Anexo
al contrato de trabajo de jugadora professional de fecha uno de Agosto de dos mil veintitres
suscrito entre el Málaga Club de Fútbol SAD y Doña Acacia Elle Edwards” (the “Annex to the
professional player’s employment contract signed between Málaga Club de Fútbol SAD and Ms
Acacia Elle Edwards on 1 August 2023”;hereinafter, the Annex).
2.
Pursuant to Clause 1 of the Annex, the Club undertook to pay to the Player EUR 650 in
eleven monthly instalments as from August 2023 until June 2024.
3.
According to the Player, after signing the Annex she recorded a media interview that was
posted on the Respondent’s social media platforms and their official website.
4.
The press release published in the Respondent’s official website read, inter alia, as follows:
“Acacia se convierte en la cuarta incorporación del MCFF para afrontar la temporada 2023/2024
en el Grupo 2 de Segunda Federación”.
Free translation:
“Acacia becomes the fourth addition to the MCFF to face the 2023/2024 season in Group 2 of
the Segunda Federación”.
5.
On 12 September, 10 October, 7 November and 5 December 2023, the Club made monthly
payments to the Player in the amount of EUR 690 each.
6.
On 16 December 2022, the Spanish “Subdelegación del Gobierno Dependencia del Área de
Trabajo e Inmigración” (the “Sub-delegation of the Government for Labor and Immigration
Affairs”) granted the Player a student visa valid until 30 June 2023.
7.
On 3 January, 7 February and 7 March 2024, the Club made three additional payments of
EUR 690 each.
8.
On 7 April 2024, the Player requested a meeting with the Club.
9.
On 12 April 2024, the Club replied to the Player and agreed to arrange a meeting.
Furthermore, the Club informed her as follows:
“Por otro lado, mientras se soluciona el tema de la firma, para no ocasionar ningún problema
en los gastos que le genera el alquiler de la vivienda, se va a proceder a ingresar la parte de la
mensualidad equivalente a alquiler y gastos de la casa de este mes a Encarnación Carneros
pg. 3
REF. FPSD-16188
(compañera de piso y jugadora) para que le pague al casero. Una vez se firme el documento, se
detraerá dicha cantidad del total correspondiente a este mes”.
Free translation:
“On the other hand, while the issue of the signature is being resolved, in order not to cause any
problems in the expenses generated by the rental of the property, we are going to proceed to
pay the part of the monthly payment equivalent to the rent and the house expenses for this
month to Encarnación Carneros (flatmate and player) so that she can pay the landlord. Once
the document is signed, this amount will be deducted from the total for this month”.
10. On 22 April 2024, the Club sent the following email to the Player:
“Buenas tardes.
Tras la reunión pasada en la que no se pudo llegar a un entendimiento entre las partes,
queremos transmitirle lo siguiente:
Como en el conjunto de las reuniones mantenidas se trasladó que usted tenia ofertas para jugar
en Centro América, el club tiene la intención de facilitar la situación y colaborar en todo lo
posible en su trayectoria futbolística, por lo que, si su deseo es obtener la baja federativa para
poder ir a otro equipo, el Málaga C.F. facilitará esta cuestión, y simplemente solicitándolo
formalmente, facilitaremos dicha salida y la baja federativa.
Del mismo modo, si su deseo es continuar hasta junio con nosotros, se mantendrá con nuestro
club la licencia hasta final de temporada, la cual está fijada para el 30/06/2024.
Quedamos a su entera disposición y rogamos nos transmita su deseo.
Saludos cordiales”.
Free translation:
“Good afternoon.
After the last meeting in which it was not possible to reach an understanding between the
parties, we would like to convey to you the following:
As in all the meetings held it was conveyed that you had offers to play in Central America, the
club intends to facilitate the situation and collaborate as much as possible in your football
career, therefore, if your desire is to obtain the federative leave to be able to go to another team,
Málaga C.F. will facilitate this matter, and simply by formally requesting it, we will facilitate said
departure and the federative leave.
pg. 4
REF. FPSD-16188
Similarly, if you wish to continue with us until June, you will keep your licence with our club until
the end of the season, which is set for 30/06/2024.
We remain at your disposal and ask you to let us know your wishes.
Yours sincerely”.
11. Also on 22 April 2024, the Player replied as follows:
“Hola,
Gracias por las consideraciones del club. La solicitud de liberación se hizo no para unirse a otro
club, sino por oportunidades internacionales. Sin embargo, esto se ha pospuesto para una fecha
posterior. Estaba muy decepcionado de que nadie que respondió a mi carta estuviera presente
en la reunión que tuvo lugar el 19 de abril. Preparé una presentación para responder y
profundizar en lo que quería para resolver la disputa contractual. El próximo paso en el que
acordamos fue que el amigo abogado de mi madre que habla español Edwin, hablara y actuara
en mi nombre para intentar resolver la disputa contractual. ¿Podría por favor proporcionarme
los correos electrónicos, nombres y cargos de las personas adecuadas para hablar con Edwin
para que él pueda contactarlos? Además, según la comunicación de la dirección del club,
actualmente estoy suspendido permanentemente del equipo sin sueldo a menos que firme este
nuevo contrato. Espero resolver esto rápidamente.
Gracias y saludos cordiales”.
Free translation:
"Hello,
Thank you for the club's considerations. The release request was made not to join another club,
but for international opportunities. However, this has been postponed to a later date. I was very
disappointed that no one who responded to my letter was present at the meeting that took place
on 19 April. I prepared a presentation to respond and elaborate on what I wanted to resolve the
contractual dispute. The next step we agreed on was for my mother's Spanish speaking lawyer
friend Edwin to speak and act on my behalf to try to resolve the contract dispute. Could you
please provide me with the emails, names and titles of the appropriate people to speak to Edwin
so that he can contact them? Also, according to communication from club management, I am
currently permanently suspended from the team without pay unless I sign this new contract. I
hope to resolve this quickly.
Thank you and best regards”.
12. On 24 April 2024, the Club replied in the following terms:
pg. 5
REF. FPSD-16188
“Buenas tardes.
Tal y como se comentó en la Reunión, la persona indicada para hablar con Edwin es Manolo
Navarrete, al que
puede llamar en cualquier momento.
Una puntualización que debemos hacerle es que usted no está suspendida de sueldo puesto
que lo que usted recibe es una compensación de gastos, no es correcto hablar de sueldo.
En cuanto a dicha compensación, al no estar entrenando ni jugando por decisión suya,
entendemos que no se
están generando los mismos gastos y no deben abonarse en su totalidad, sin embargo, los fijos
como el alquiler de la vivienda y los gastos de la misma, se están haciendo llegar a su casera
directamente tal y como le comunicamos por escrito.
Saludos cordiales”.
Free translation:
"Good afternoon.
As mentioned in the Meeting, the right person to talk to Edwin is Manolo Navarrete, whom you
can call at any time.
One thing we must point out is that you are not suspended from your salary because what you
are receiving is compensation for expenses, it is not correct to talk about salary.
As for this compensation, as you are not training or playing because of your decision, we
understand that you are not generating the same expenses and you are not receiving any salary.
However, the fixed costs such as the rent of the flat and the expenses of the same, are being sent
directly to your landlady as we communicated to you in writing.
Best regards”.
pg. 6
REF. FPSD-16188
II. Proceedings before FIFA
13. On 24 September 2024, the Player filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Player
14. According to the Player, in the summer of 2023 she enrolled in the Malaga City Academy,
and played a friendly match against the Respondent, which showed its interest in signing
her. After some discussions concerning the visa needed by the Player, she joined the Club
on 1 August 2023 for the preseason training.
15. The Player sustained that on 22 August 2023 she was taken to the main offices of the Club,
and she was handed the Annex. The Player argued that she signed the Annex and recorded
a media interview that was posted on the Respondent’s social media platforms and in their
official website.
16. The Player argued that the Club never provided her with a signed copy of the employment
contract despite her multiple requests. Furthermore, she complained about the conditions
of the training facilities and raised concerns about the safety of the players and, ultimately,
she informed the Club that she would no longer train. According to the Player, all of a
sudden, she was not selected for a game for the first time without any explanation.
17. The Player sustained that after another request for the signed version of the employment
contract, on 27 March 2024 she was handed a different contract to sign, which she refused
to do as it was completely different from the original one.
18. The Claimant asserted that after her refusal, the Club informed her that they would stop
paying her and allowing her to play unless she signed the contract. Furthermore, the Player
sustained that the last time she was paid was on 7 March 2024, corresponding to the month
of February 2024, and thus claimed being entitled to her salaries for March, April, May and
June 2024. In addition, the Player also claimed being entitled to the reimbursement of
accommodation and travel expenses.
19. The Player argued that “I feel they have dismissed me as a player, a human being and as a
woman. Malaga CF has treated me unfairly, denied me my respect and disregarded my dignity.
In the meetings trying to resolve this dispute they raised their voices at me, and made frequent
efforts to intimidate me in dropping this dispute. At this time, Malaga CF is now not responding
to my emails”.
20. The Player requested the following relief:
pg. 7
REF. FPSD-16188
“Once and for all I am requesting 8,440 Euros. Breakdown:
1. 1,035 (minimum wage in Spain) Euros for March, April, May and June (4,140 Euros).
2. Reimbursement of cost of rent of 350 Euros a month from August 2023 – February 2024 as
well as the 700 euro deposit I paid in August 2023 (2,800 Euros).
3. Reimbursement for my travel to and from Spain (1,500)”.
b. Position of the Club
21. In its reply, the Club denied having concluded an employment contract with the Player, that
their players use facilities that endanger their physical integrity, and that the Player was
treated unfairly or that her dignity was disregarded at any time.
22. According to the Club, due to the irregular situation of the Player in Spain, it was verbally
agreed that until her stay and residence in Spain were legally regularized, the Club would
solely and exclusively cover her expenses in connection with her football activities, while
maintaining amateur status, and she agreed by signing the amateur licence electronically.
23. In this respect, the Club sustained that the media releases submitted by the Player do not
mention that a professional contract was signed. Furthermore, the Respondent
“categorically denies having prepared a professional employment contract for the Player, let
alone having delivered one to her. Consequently, we are unaware of the source of origin of the
document Ms. Acacia presents in her claim as Exhibit C. In any case, as can be seen in the images
themselves, the document is signed solely by the Player, and in no way can it be considered
binding for this entity”.
24. The Club sustained that it helped the Player with the documentation to submit to the
relevant Spanish authorities concerning her visa, and that she was informed that it was not
possible to grant her a study stay permit as she was not enrolled in any authorized
educational institution.
25. The Club confirmed having made seven payments to the Player corresponding to the
months of August 2023 to February 2024 in the amount of EUR 690 each, as a result of the
verbal agreement between the parties. Nonetheless, at the beginning of March 2024 the
Player’s attitude changed when she informed the Club of her refusal to train.
26. According to the Club, although the Player argued having refused to train due to the alleged
poor conditions of the facilities, the truth is that she conveyed that she had offers to play
in Central America and requested the release of her amateur license. As a result, by
refusing to train and play, no expenses were incurred and therefore the Club stopped
making payments to the Player.
pg. 8
REF. FPSD-16188
27. The Club insisted that the Player did not prove the existence of an employment contract
between the parties, the alleged payments made as rent or deposit, nor that she travelled
to Spain and returned to the United States. Accordingly, the Club rejected the Player’s
entitlement to any of the amounts claimed.
28. The Club requested the following relief:
“Based on the factual background and legal arguments encapsulated above, Málaga CF
respectfully requests the Football Tribunal to rule the following:
1. The Claim failed by the Player Acacia Elle Edwards against the FIFA Football Tribunal (ref.
FPSD-16188) is dismissed and rejected in full.
2. Málaga CF fulfilled all its obligations and is not required to pay any additional amount to
Ms. Acacia Elle Edwards”.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
29. First of all, the Dispute Resolution Chamber (hereinafter, the Chamber or the 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 24 September 2024 and submitted for
decision on 12 December 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.
30. 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 October
2024 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), the DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between an American player
and a Spanish club.
31. 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 (October 2024 edition), and considering that the present claim
was lodged on 24 September 2024, the June 2024 edition of said Regulations is applicable
to the matter at hand as to the substance.
pg. 9
REF. FPSD-16188
b. Burden of proof
32. 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
33. 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
34. The Chamber then moved to the substance of the matter, and took note of the fact that it
concerned a claim by a player against a club for outstanding remuneration and
reimbursement of costs.
35. The DRC noted that, according to the Player, the parties concluded an employment
contract in August 2023, the existence of which was proven by the media releases
published by the Respondent and by the payments received. Furthermore, the Chamber
noted that the Player sustained that the Club had not paid her salary for the months of
March, April, May and June 2024, and therefore claimed being entitled to EUR 1,035 per
month, which corresponds to the minimum wage in Spain (i.e., EUR 4,140 in total), as well
as to the reimbursement of costs related to accommodation and travel expenses in the
total amount of EUR 4,300.
36. The Chamber also observed that the Club categorically denied having concluded an
employment contract with the Player and having prepared and delivered an employment
contract to her. In this regard, the Respondent argued being unaware of the origin of the
document submitted by the Player, which was signed only by her. Moreover, the Club
sustained that, due to the Player’s irregular situation in Spain, the parties verbally agreed
that she would join the team as an amateur player until her situation was regularised, only
receiving the actual expenses incurred for her football activity. In addition, the Club
sustained that it stopped making payments to the Player in March 2024, when she refused
to continue training.
pg. 10
REF. FPSD-16188
37. In this context, the DRC acknowledged that it had to address the following questions:
I. Is the Annex a valid and binding employment contract?
II. In such a case, is the Player entitled to the amounts claimed?
***
I. Is the Annex a valid and binding employment contract?
38. The Chamber initially underscored that, before addressing whether the Player is entitled
to any of the amounts claimed, if first had to assess whether, as argued by the Player, the
Annex, on the basis of which she claimed outstanding remuneration and reimbursement
of costs, is indeed a valid and binding employment contract that can be considered as the
contractual basis at stake in the present dispute.
39. In doing so, the DRC initially recalled that, pursuant to art. 18 par. 4 of the Regulations and
the well-established jurisprudence of the Chamber, the validity of a contract cannot be
made subject to administrative formalities.
40. As outlined in the Commentary to art. 18 par. 4 of the Regulations, “(…) Obtaining a valid
work permit -and, although it is not explicitly mentioned, a visa- is considered an administrative
formality that a club is required to complete prior to signing a contract with a player. The
engaging club is obliged to take all necessary administrative action to ensure a work permit
and/or a visa is granted to the player, thus allowing them to render their services to the club.
This action must be taken before the contract is signed”. In this regard, “A club must procure
the work permit and any other required authorisation in a timely manner. If a club does not
comply with this duty, it should not be able to benefit from the situation to the detriment of the
player” (cf. p. 239 of the Commentary).
41. By the same token, the Chamber remarked that under its well-established jurisprudence
“(…) the Dispute Resolution Chamber must be very careful with accepting documents, other than
the employment contract, as evidence for the conclusion of a labour relationship” (see, for
instance, DRC Decision of 21 September 2012, ref. 912213; DRC Decision of 2 March 2017,
ref. 03171643-E or DRC Decision of 9 May 2019, ref. 05190776-E). Thus, the DRC confirmed
that decisions determining that a contractual relationship was formed, without having a
copy of a signed contract on file, must require a high standard of proof.
42. Along these lines, the DRC equally recalled that the well-established jurisprudence of the
Chamber dictates that, in order for an employment contract to be considered as valid and
binding, apart from the consent of both the employer and the employee (usually
manifested by the signature to the relevant agreement), it should contain the essentialia
negotii of an employment contract, such as the parties to the contract and their role, the
pg. 11
REF. FPSD-16188
duration of the employment relationship and the remuneration payable by the employer
to the employee.
43. Furthermore, the Chamber outlined that the actual signature of the contract is not the sole
element to determine whether there was an existing contractual relationship between the
parties. Instead, the validity and the enforcement of the contract should be established on
the basis of a comprehensive understanding of all the facts and actions taken by the parties
within their context of their relationship. Accordingly, the DRC confirmed that the signature
requirement is essentially the easiest way that a party has to prove that their counterparty
has entered into a contract; however, in line with the jurisprudence of both the Football
Tribunal and the Court of Arbitration for Sport (CAS), an employment agreement can be
materialised with the wish to be executed, and the signature can be understood as a
requirement to prove the club’s acceptance, but it is not the only evidence.
44. In parallel, the Chamber also recalled the content of 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. On this note, the Chamber deemed that it was up to the Player
to prove that the employment relationship, on the basis of which she claimed outstanding
remuneration and reimbursement of costs from the Club, indeed existed.
45. With the above in mind, the DRC turned its attention to the evidence presented by the
parties.
46. The Chamber first noted that the document submitted by the Player contained all the
essentialia negotti except for the Club’s signature. In particular, the DRC noted that the
alleged employment contract included the name and function of the parties, the
remuneration and, although there is no specific clause governing the duration, the
Chamber found that it could be inferred from Clause 1 of the Annex, which provides for
eleven monthly payments for the period from August 2023 to June 2024, as well as from
the Club’s own submissions, which confirmed that this was the agreed duration of the
relationship.
47. With regard to the consent of the parties, the Chamber considered that the Player’s is
obvious and does not need further analysis. As to the consent of the Club, the DRC went
on to analyse whether there were any other elements on file that could confirm the Club’s
consent to entering into an employment relationship with the Player.
48. In this regard, and even though the purported employment contract was not signed by the
Club, the DRC found that its consent could be inferred from the other evidence presented
by the Player and from the Club’s own position, which confirmed (i) that the Player joined
the Club, albeit –according to them– under amateur status, and (ii) that it tried to obtain
the relevant visa for her. In addition, the Chamber also noted that the Club did not dispute,
but rather confirmed, having made several payments to the Player on a monthly basis, in
pg. 12
REF. FPSD-16188
the amount of EUR 690 each, from August 2023 to February 2024, i.e., a very similar amount
as to the agreed in the Annex.
49. In addition, the Chamber did not overlook the fact that the document submitted by the
Player (a) was written in Spanish, (b) provided for the payment of EUR 650 as salary, on a
monthly basis, (c) included the Club’s shield in its header and (d) contained legal wording
referring to other regulatory text and Spanish laws.
50. What is more, and with reference to the Club’s argument that the Player was only playing
for the Club as an amateur, the Chamber referred to art. 2 par. 2 of the Regulations which
stipulates that a professional is ‘a player who has a written contract with a club and is paid
more for his footballing activity than the expenses he effectively incurs. All other players are
considered to be amateurs. The Chamber also referred to its well-established jurisprudence,
according to which the financial threshold arising out of the art. 2 par. 2 criteria is relatively
low, as it does not require a player to make a living from their footballing activity in order
to qualify as a professional. In this sense, and based on the documentation on file, the
Chamber held that, in accordance with its well-established jurisprudence, a monthly
amount of EUR 690 which the Club confirmed to have paid the Player, does in fact
constitute a higher amount than the expenses the Player effectively incurred for playing
football.
51. In view of the above background, the DRC found that the combination of these factors tips
the scale in favour of the Player, in that her claim was corroborated by documentary
evidence to a sufficient degree as to demonstrate that effectively the parties had mutually
given their reciprocal consent and engaged each other in an employment relationship and
that thus the Player was a professional, providing services to the Club. On this account, the
Club cannot suddenly withdraw its consent and argue simply that they were unaware how
this document reached the Player without offering any other explanation, while still paying
her a monthly salary.
52. Based on the foregoing considerations and after a thorough examination of the
documentation on file, the Chamber found that the Player succeeded in demonstrating
that the Club also consented to entering into an employment agreement with her. As a
result, it concluded that the Player sufficiently proved the existence of a valid and binding
employment relationship between the parties, and therefore decided that the Annex was
a valid and binding employment contract that shall be considered, in the case at stake, as
the contractual basis of the present dispute.
II. Is the Player entitled to the amounts claimed?
53. The foregoing having been established, the Chamber turned to the question of whether
the Player is entitled to any of the amounts claimed.
pg. 13
REF. FPSD-16188
54. In doing so, the DRC noted that, according to the Player, the Club failed to pay her the
monthly remuneration for March, April, May and June 2024, and claimed to be entitled to
EUR 4,140 as outstanding remuneration (i.e., EUR 1,035 each), which corresponds to the
minimum wage in Spain.
55. The DRC also observed that, on its part, the Club sustained that in March 2024 the Player
refused to continue training and, as such, no expenses were incurred by her and therefore
it stopped making payments.
56. In this regard, and in view of the Club’s allegations, the Chamber considered it appropriate
to emphasise that, as previously established, a valid and binding contract was concluded
between the parties in August 2024 and under the definitions of the Regulations, the Player
was considered a professional player. In this regard, and as stated above, in accordance
with art. 18 par. 4 of the Regulations, the validity of a contract cannot be made subject to
administrative formalities, such as the issue of a visa. In other words, the Club was under
the obligation to provide her with the relevant permits to legally perform work.
57. The Chamber noted that, in casu, the Club itself argued that the Player did not have a valid
visa, which was allegedly the reason why an employment contract was never concluded.
58. Notwithstanding the fact that the existence of such contract has already been established,
the Chamber again considered that the Club’s position could not be upheld. In particular,
the Chamber noted that, while it is true that the Player, by her own admission, stopped
training at the end of March 2024, it should be noted that the Club was already in breach
of the employment contract at that time.
59. Not only did the Club fail to provide the Player with a copy of the employment contract
despite her repeated requests, but the Club itself confirmed that the Player did not have a
work permit, which, as established above, cannot be considered to her detrimental.
60. Based on the above, the Chamber determined that the fact that the Player decided to stop
training is not a valid justification for the Club to stop paying her salary when the latter was
already in breach of its contractual obligations, namely, providing the Player with a signed
copy of the employment contract, as repeatedly requested by her, and ensuring the
relevant permits for her.
61. In light of the above, considering that the Club itself confirmed that it ceased to pay the
Player’s salary as of March 2024, and based on the legal principle of pacta sunt servanda,
the Chamber determined that the Player is entitled to receive the amount of EUR 2,600 as
outstanding remuneration for the months of March, April, May and June 2024 as expressly
provided for in the Annex, i.e., EUR 650 each.
pg. 14
REF. FPSD-16188
62. Lastly, and with regard to the reimbursement of costs associated to accommodation and
travel expenses, the Chamber noted that the Annex did not provide for any obligation on
the part of the Club to cover such expenses. Therefore, the Chamber decided to reject the
Player’s claim for reimbursement on account of its lack of contractual basis.
ii. Compliance with monetary decisions
63. 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.
64. 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.
65. 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.
66. 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.
67. 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
68. 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.
pg. 15
REF. FPSD-16188
69. 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.
70. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-16188
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Acacia Elle Edwards, is partially accepted.
2.
The Respondent, Málaga C.F., S.A.D., must pay to the Claimant the following amount:
EUR 2,600 as outstanding remuneration.
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. 17
REF. FPSD-16188
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. 18