Labour Disputes
Texto da decisão
REF. FPSD-15872
Decision of the
Dispute Resolution Chamber
passed on 10 September 2025
regarding an employment-related dispute concerning the Player Hamdi
Naguez
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Iñigo RIESTRA (Mexico), Member
Bruinewoud Alexandra GOMEZ (Uruguay & the Netherlands), Member
CLAIMANT/COUNTER-RESPONDENT:
Hamdi Naguez, Tunisia
Represented by Anis Ben Mime
RESPONDENT/COUNTER-CLAIMANT:
Ismaily SC, Egypt
Represented by Inlaw Associes
pg. 2
REF. FPSD-15872
I. Facts of the case
1.
On 22 September 2022, the Tunisian player, Hamdi Naguez (hereinafter: the Player or the
Claimant/Counter-Respondent) and the Egyptian club, Ismaily SC (hereinafter: the Club or the
Respondent/Counter-Claimant) entered into an employment contract (hereinafter: the
Contract) valid as from the date of signature until the end of the season 2024/2025.
2.
Pursuant to clause 2 of the Contract the Player is entitled to a total remuneration of USD
1,133,300 as follows:
-
First season 2022/2023: USD 333,300 distributed as follows:
•
•
•
•
•
-
Second season 2023/2024: USD 400,000 distributed as follows:
•
•
•
•
-
USD 100,000 payable on 22 September 2023
USD 100,000 payable on 31 January 2024.
USD 100,000 payable on 30 April 2024.
USD 100,000payable on 30 August 2024.
Third season 2024/2025: USD 400,000 distributed as follows:
•
•
•
•
3.
USD 133,300 payable on 22 September 2022.
USD 33,300 payable on 31 January 2023.
USD 41,600 payable on 30 April 2023.
USD 41,600 payable on 31 July 2023.
USD 83,500 30 August 2023.
USD 100,000 payable on 22 September 2024.
USD 100,000 payable on 31 January 2025.
USD 100,000 payable on 30 April 2025.
USD 100,000 payable on 30 August 2025.
Clause 3.2 of the Contract read as follows:
“Third: (obligations of both parties): […] The Player is committed to respect the rules and
regulations of the club and the federation, adhere to management instructions, and maintain
the club's property within reasonable limits.”
4.
Clause 4.6 of the Contract stated that>
“The Player shall bear the value of the taxes due to him for this contract and any other specific
rewards in accordance with the law, and the Club must deduct them from the player’s dues and
provide them to the tax services under its responsibility”.
pg. 3
REF. FPSD-15872
5.
Clause 5 of the Contract read as follows:
“1. The contract can be terminated by mutual consent between both parties.
2. The two parties do not have the right to terminate the contract unilaterally except in cases
stipulated in the FIFA regulations specifically in accordance with Articles 13, 14 bis and 11 of the
FIFA Player Affairs Regulations, which stipulate that any party has the right to terminate the
contract in the event of a just cause, which is the case in which The contract can be terminated
even during the marking.
3. If one of the parties terminates the contract for a just reason, the second party has the right
to request compensation in accordance with the [Regulations on the Status and Transfer of
Players] as well as FIFA Dispute Resolution Chamber. In the event that loss is terminated by one
party without just cause, party breaking must pay compensation in accordance with [FIFA
Regulations on the Status and Transfer of Players] as well as FIFA Dispute Resolution
Chamber.”
6.
Clause 6 of the Contract read as follows:
“- The player is entitled to an amount of USD 25,000 (Twenty-Five Thousand US Dollars) upon
joining the Tunisian national team, provided that he participates in two consecutive official
matches (actual participation).
-
The player is entitled to two return flight tickets each season.
-
The player is entitled to USD 12,500 (Twelve Thousand Five Hundred US Dollars) upon his
actual participation in 21 league matches, in addition to the participation percentage stated
in the regulations.
-
The player is entitled to a monthly housing allowance of EGP 7,000 (Seven Thousand
Egyptian Pounds).
-
The player is bound by all the provisions in the club's financial regulations and disciplinary
regulations, which are considered an integral and supplementary part of this contract. The
player's signature on this contract constitutes acknowledgment of his receipt of a copy of
these regulations and his agreement to all the provisions contained therein.”
7.
On 17 June 2024, FIFA’s judicial bodies under the case FDD-18690 imposed on the Player a
restriction on playing in official matches due to his noncompliance with his financial
obligations towards the Egyptian club Zamalek Sports Club, which prevented him from
playing in official matches (hereinafter: case FDD-18690).
8.
On the same day, 17 June 2024, the Player put the Club in default requesting payment of
USD 495,000 corresponding to: USD 28,000 corresponding to the remaining amount
pg. 4
REF. FPSD-15872
payable on 31 January 2023, USD 41,600 payable on 20 April 2024, USD 41,600 payable on
31 July 2023, an amount payable on 30 August 2023 (the amount was not disclosed), USD
100,000 payable on 22 September 2023; USD 100,000 payable on 31 January 2024; USD
100,000 payable on 30 April 2024. The Player granted the Club a deadline of 15 days.
9.
On 25 June 2024, the Club responded to the Player, asserting that at the time of the default,
the Player had been overpaid. Specifically, the Club stated the following:
-
Deductions were applicable to the Player’s gross salary, including:
-
a 10% fee for the development of the state's financial resources;
-
a 25% income tax;
-
a 10% sports professional syndicate fee; and
-
the final installment of each season, reduced by 25% due to the Player’s failure
to participate in at least 80% of the matches.
As a result, the Player’s net salary amounted to USD 189,990.
-
The Club had paid the Player approximately USD 119,646 in salaries.
-
Penalties were imposed on the Player, leading to deductions totaling USD 85,185.71.
-
The Club claimed to have overpaid the Player by USD 14,841.71.
-
The Club referenced the case FDD-18690 and noted that the Player would not be
available to provide services during the preparation and commencement of the
2024/2025 sports season.
10. On 11 August 2024, the Player sent a termination notice to the Club mentioning that the
salaries requested in the default notice remained unpaid.
11. On 25 November 2024, the FIFA Disciplinary Committee informed the suspension of case
FDD-18690.
12. On 26 March 2025, the Player and the Qatari club, Al Shahaniah concluded an employment
contract valid as from 1 March 2025 to 31 May 2025. The Player was entitled to a signing
fee of QAR 18,250/USD 4,951.02 and a monthly salary of QAR 36,500/USD 9,902.05.
pg. 5
REF. FPSD-15872
II. Proceedings before FIFA
13. On 2 September 2024, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Player
14. The Player first stressed that he had an annual salary of USD 333,300 gross / USD 250,000
net. The Player then argued that the Club failed to pay the following:
Outstanding salary:
-
USD 28,000 corresponding to the remaining amount payable on 31 January 2023;
-
USD 41,600 payable on 30 April 2024;
-
USD 41,600 payable on 31 July 2023;
-
USD 83,500 payable on 30 August 2023;
-
USD 100,000 payable on 22 September 2023;
-
USD 100,000 payable on 31 January 2024;
-
USD 100,000 payable on 30 April 2024.
Housing allowance
-
EGP 336,000 (48 monthly payments of EGP 7,000)
15. In continuation, the Player argued that he had just cause to terminate the Contract and
requested the payment of his outstanding remuneration and compensation for breach of
contract.
16. The Player requested the following relief:
-
USD 495,000 as outstanding salaries plus 5% interest p.a. as from 31 January 2023;
-
EGP 360,000 as housing allowance plus 5% interest p.a. as from1 September 2022;
-
USD 650,000 as compensation for breach of contract plus 5% interest p.a. as from
11 August 2024;
-
To impose sporting sanctions on the Club.
pg. 6
REF. FPSD-15872
b. Reply and Counterclaim of the Club
17. In its reply, the Cub requested to reject the claim and filed a counterclaim.
18. First, the Club mentioned that according to both the 2021/2022 and the 2023/2024 Club’s
financial Regulations (hereinafter: the Financial Regulations) (i) the payment of the final
instalment for each season, representing 25% of the gross annual salary, was subject to
the Player’s rate of participation in official matches; and (ii) the Club may apply salary
deductions when the Player violates certain obligations clearly described in the Financial
Regulations in relation to delays, absences or specific behaviour.
19. Second, the Club mentioned that in accordance with the Egyptian laws, deductions must
be made on the Player’s gross salary by the Club as follows:
-
A development of the states' financial resources fee corresponding to 10% of the
value of the Contract where the amount exceeds EGP 10,000,000 (which corresponds
approximately to USD 206,500);
-
An income tax corresponding to 25% of the annual value of the Contract where the
amount exceeds EGP 400,000 (which corresponds approximately to USD 8,260);
-
A sports professional syndicate fee corresponding to 10% of the value of a foreigner
player's contract.
20. Third, the Club mentioned that several fines were imposed to the Player amounted to
approximately USD 75,729 which are described below:
-
During the season 2022/2023, when the 2021/2022 Financial Regulations were
applicable, the following amounts were deducted from the Player's salary:
“EGP 2'000.00 due to a yellow card (warning) in the match against Alahli on 19 October
2022 […];
EGP 2'000.00 due to a yellow card (warning) in the match against Almahala on 24 Octobre
2022 […]);
EGP 2'000.00 due to a yellow card (warning) in the match against Zamalek on 29
December 2023 (Exhibit 10)
EGP 5'000.00 due to a misbehavior during the match against Enppi on 20 December 2022
[…];
EGP 10'000.00 due to an issue that arose during the warm-up for the match against AlMokawloon Al-Arab on 13 January 2023 […] it specified here that the letter wrongly refers
to USD instead of EGP;
EGP 50'000.00 due to an absence without permission from the team training on 9
pg. 7
REF. FPSD-15872
February 2023 […];
EGP 5'000.00 due to poor performance in the friendly match against Qanah Club on 25
February 2023 […];
EGP 10'000.00 due to late arrival to the briefing of the friendly match disputed against ElSharqiya on 2 May 2023 […];
EGP 50'000.00 due to unjustified absence from the team training on 31 May 2023 […];
EGP 20'000.00 due to unjustified absence from the team training on 13 June 2023 […];
EGP 50'000.00 due to misconduct towards the assistant coach during training on 25 June
2023 […];
10% of the contract due to failure to attend the team's training session on 5 March 2023
[…].”
-
During the season 2023/2024, when the 2023/24 Financial Regulations were
applicable, the following amounts were deducted from the Player's salary:
“EGP 2'000.00 (USD 64.621 due to a misbehavior during the match against Enppi on 16
December 2022 […]
USD 7'000.00 due to unjustified absence from training on 1 and 12 to 15 January 2024
[…]. lt is specified here that the letter wrongfully indicates 12 January instead of 1 January
2024, which is simply a typographical error;
USD 9'000.00 due to repeated unjustified absence from training on 16, 18 and 20 January
2024 and from the match against Ceramica on 17 January 2024 […];
USD 9'000.00 due to repeated unjustified absence from training from 21 to 23 January
2024 and from the match against Enppi on 24 January 2024 […];
USD 4'000.00 due to repeated unjustified absence from training from 31 January and 1
February 2024 […];
USD 4'000.00 due to repeated unjustified absence from training from 2 and 4 February
2024 […];
EGP 100'000.00 (usD 2'085.00) due to a violation of the instructions given to stay at the
club's hotel during the team's camp for the match against Al-Mahalla on 29 February
2024 […];
EGP 1'000.00 due to failure to attend breakfast on 13 May 2024 during the training camp
for the Tala'ea El Gaish match […];
EGP 1'000.00 due to failure to attend breakfast on 1B May 2024 during the training camp
for the Pyramids match […];
EGP 5'000.00 due to failure to attend lunch during the training camp for the match
against Al Ahli Bank on 25 May 2024 […];
EGP 5'000.00 due to lateness to training on 13 June 2024 […].”
21. Fourth, the Club mentioned that it had performed the following payments:
-
Outstanding remuneration: USD 159,842.55
“EGP 100'000.00 (USD 5'118.00) by cheque No. 000527457407 from 1 October
pg. 8
REF. FPSD-15872
2022,which has been signed by the Player […];
EGP 150'000.00 (USD 7'632.00) by cheque No. 524821177 from 5 October 2O22, which
has been signed by the Player […];
EGP 1'976'250.00 (about USD 100'531.85) by cheque No.527457437 from 18 October
2022,which has been signed by the Player […];
USD 25'000.00 by cheque No. 115052304 from 25 November 2022 […];
USD 2'500.00 in cash, as acknowledged by the Player's signature on 15 January 2023 […];
EGP 310'000.00 (USD 10'053.30) by cheque No. 30090000244244 from 5 March 2023,
which has been signed by the Player […];
EGP 123'800.00 (about USD 4'007.40) by cheque No. 527457486 from 24 May 2023, which
has been signed by the Player […];
USD 5'000.00 by bank transfer executed on 6 February 2O24 […].”
-
Housing allowance EGP 112,000
“EGP 7000.00 by cheque No.516372147 from 13 February 2023;
EGP 7'000.00 by cheque No. 30090000244307irom22 March 2023;
EGP 7'000.00 by cheque No. 516372300 from 27 April2023;
EGP 7'000.00 by cheque No. 527457461 from 19 May 2023;
EGP 28'000.00 by cheque No. 12046863 from 27 September 2023;
EGP 14'000.00 by cheque No. 527457771from 26 November 2023;
EGP 14'000.00 by cheque No.5354566626 from 12February 2024:
EGP 7'000.00 by cheque No.527457823 from 28 February 2024;
EGP 7'000.00 by cheque No. 538686924 from 25 May 2024;
EGP 7'000.00 by cheque No. 538080683 from 25 July 2024;
EGP 7'000.00 by cheque No. 53808102 from 1 August 2024.”
22. In view of all the above, according to the Club, the Player did not have just cause to
terminate the Contract. The Club stated that “taking into account the tax deductions detailed
above […] as well as the participation rate […], the Player was only entitled to the 30% of the
gross value of the Contract (after deduction of the 25% participation rate,25% lncome lax, 10%
Development fee and 10% Sports professional syndicate fee), to that is a total net value of USD
333'990.00, which corresponds to a monthly salary of USD 9'277.50 (333'990.00 / 36 months).”
23. Moreover, the Club mentioned that as the Player was in fact unable to play since 17 June
2024 for reasons of his own doing - the FIFA ban under case FDD- FDD-18690 being
imposed as a consequence of his noncompliance with his financial obligations towards
another club - he was not entitled to receive salaries for this period of time, as he was not
performing his service. According to the Club, as the FIFA Regulations do not regulate the
issue of an impediment to work when the employee is at fault, the applicable regime must
be sought under Swiss law, art. 324a par. 1 of the Swiss Code of Obligations. Accordingly,
the employer’s duty to pay the employee's salary when he is unable to perform his service
requires that the employee's impossibility is not of his own doing. On the contrary, when
the employee is at fault, the employer is not required to pay the salary. Due to the above,
pg. 9
REF. FPSD-15872
as the Player’s inability to provide his service was of his exclusive responsibility - it being a
consequence of his noncompliance with his financial obligations towards another club - the
Club was under no obligation to pay the Player's salary as of 11 June 2024 until the date of
termination of the Contract, therefore, two monthly salaries must be deducted from the
amounts owed to the Player by the time of termination, for a total of USD 194,827.50.
24. Additionally, considering all the payments performed (USD 159,842.55) and the fines
imposed (USD 75,729), the Club has overpaid the Player’s salary (USD 40,744.05).
Consequently, the Player did not have just cause to terminate the Contract.
25. In view of the foregoing, the Club stated that it is entitled to compensation of USD 55,000
as residual value after deduction of taxes and “additional compensation shall be added to
this amount in order to take into account the damages suffered by the Club due to its
impossibility to field the Player for 12 matches following the ban imposed on 17 June 2024, as
well as the behavior of the Player in undermining the general principle of contractual stability
to which FIFA attached particular importance in his attempt to obtain money illegitimately from
lsmaily.” Therefore, the Club stated that an additional 25% of the amount of compensation
shall be granted to the Club, taking into account the circumstances of the case and in light
with CAS jurisprudence regarding the specificity of sport.
26. Finally, the amounts overpaid by the Club (i.e. USD 40,744.05) must be refunded by the
Player as there was no justification as to why he would be allowed to keep them.
27. Subsidiarily, the compensation shall be reduced, on the following:
“70. First, regarding outstanding salaries, it has been demonstrated that the Club had paid at
least USD 159'842.55 to the Player by the time of termination.
71. Second, the Player wrongfully took into account, the gross amounts of the Contract, although
he would have legally been entitled only to the net amount, after deductions of the taxes - which
are to be borne by him – and the participation rate - that was less than B0%.
72. Third, the Player was not entitled to receive his salaries as of 17 June 2024, as FIFA imposed
a ban from participating in official matches due to his noncompliance with his financial
obligations towards another club, so that he was in fact at fault of being unable to perform his
service as per the employment Contract and an additional deduction of 2 monthly salaries (USD
18'555.00) must be taken into account.
73. Fourth, it must be noted that the Player falsely pretended that he did not receive any amount
as housing allowances, although it has been clearly ' demonstrated - and proved - by the Club
that it had paid at least EGP 112'000.00 (see par.33 and 34 above), so that this amount must be
deducted from the allowances claimed.
74. Fifth the Player made a calculation error regarding the compensation, as it could in no way
exceed USD 520'000.00 (and not 650'000.00)”
28. The Club requested the following relief:
pg. 10
REF. FPSD-15872
“1. To dismiss Mr. Hamdi Naguez's Claim from2 September 2024;
As a counterclaim:
2. To order Mr. Hamdi Naguez to pay lsmaily the amount of USD 55'000.00 as compensation for
unjustified termination of the employment contract;
3. To order Mr. Hamdi Naguez to pay lsmaily the amount of USD 13'750.00 as compensation in
application of the principle of specificity of sport;
4. To order Mr. Hamdi Naguez to reimburse lsmaily USD 40'744.05 as these amounts were
overpaid by the Club;
Subsidiarily:
5. To reduce the compensation within the meaning of this submission;
By any means:
6. To fix a sum to be paid by Mr. Hamdi Naguez in order to contribute to lsmaily's legal fees.
7. To charge all costs of the proceedings to Mr. Hamdi Naguez.
b.1) Additional comments of the Club regarding the Interim Regulatory Framework
29. On 21 March 2025, the FIFA general secretariat invited the Club to amend its claim, if it so
wished, exclusively in relation to the possible consequences of the application of the new
interim regulatory framework adopted by the Bureau of the FIFA Council on 23 December
2024 (hereinafter: the Interim Regulatory Framework). The FIFA general secretariat also
highlighted that any submission that went beyond the scope of the mentioned request
would be disregarded.
30. The Club mentioned that it calculated its damage based on the residual value of the
Contract after deduction of the taxes that were in fact saved by the Club, it being noted
that the Player has not concluded a new contract after the termination of his contract with
the Club. Consequently, the Club stressed that its counterclaim was compatible with the
amendments made to the Regulations on the Status and Transfer of Players (hereinafter:
the Regulations) on 1 January 2025, and therefore, it confirmed its position submitted in the
counterclaim.
31. Moreover, it mentioned:
“Subsidiarily, should the Football Tribunal consider that the Player did in fact have just cause
terminate the contract, it should be reminded that the Player was suffering from a restriction
on playing in official matches as of 17 June 2024 for a duration of six months, that is until 17
December 2024. Thus, the Player was not entitled to his salary for the whole duration of the
restriction, as he was not providing his services to the Club in violation of the employment
contract.
Accordingly, the Player did not suffer any damage by way of application of the “Positive
interest" principle for the period covered by the restriction, so that the remuneration due
according to the contract for this period must by any means be deducted from the additional
compensation granted, if any”.
pg. 11
REF. FPSD-15872
c. Reply to the Counterclaim by the Player
32. Regarding the payments’ evidence provided by the Club, the Player made the following
observations:
-
Regarding the check No. 000527457407 dated 1 October 2022, the payment of EGP
100,000 corresponded to USD 1,798.69, based on the exchange rate at the time,
whereby 1 USD was equivalent 50.61 EGP.
-
Regarding the check No. 5248211177 dated 5 October 2022, the payment of EGP
150,000 corresponded to USD 2,698.03, based on the exchange rate at the time,
whereby 1 USD was equivalent 50.61 EGP.
-
Regarding the check No. 5248211177 dated 18 October 2022, the payment of EGP
1,976,250 corresponded to USD 39,071, based on the exchange rate at the time,
whereby 1 USD was equivalent 50.61 EGP.
-
Regarding the check No. 115052304 dated 25 November 2022 for a payment of USD
25,000, the Player mentioned that this check was rejected due to insufficient funds,
as evidenced by the bank's rejection notice.
-
Regarding the check No. 30900000244244 dated 5 March 2023, the payment of EGP
310,000 corresponded to USD 5,575.94, based on the exchange rate at the time,
whereby 1 USD was equivalent 50.61 EGP.
-
Regarding the check No. 527457486 dated 23 May 2023, the payment of EGP 123,800
corresponded to USD 2,226.78, based on the exchange rate at the time, whereby 1
USD was equivalent 50.61 EGP.
33. In view of the above, the Player mentioned that he only received USD 58,870.044.
Therefore, the Player confirmed his position and claimed that the amount of USD 495,000
remained unpaid.
34. With respect to the financial sanctions, the Player asserted that he did not receive any
formal notification regarding the alleged disciplinary measures. Furthermore, no
explanation was provided, nor was he given an opportunity to present his position.
According to the Player, such measures were unlawful and contrary to the established
jurisprudence of the Football Tribunal.
35. With regards to the deduction of 25% related to the Player’s participation mentioned in the
Club’s Financial Regulations, the Player mentioned that such regulation may not modify the
terms agreed in the Contract. Moreover, he mentioned that the Financial Regulations were
pg. 12
REF. FPSD-15872
made three months after the signature of the Contract, and the Player did not accept or
sign the mentioned regulations.
36. The Player requested FIFA to reject the Club’s allegations and counterclaim.
pg. 13
REF. FPSD-15872
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
37. First of all, the Dispute Resolution Chamber (hereinafter: the 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 2 September 2024 and submitted for decision
on 10 September 2025. Taking into account the wording of arts. 31 and 34 of the January
2025 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.
38. 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
Regulations (July 2025 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 Tunisian player and an Egyptian club.
39. 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. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
b. Burden of proof
40. 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
41. 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
pg. 14
REF. FPSD-15872
42. The Chamber then moved to the substance of the matter, and took note of the fact that
this is a claim and counterclaim for breach of contract in which the parties dispute the just
cause of the early termination of the Contract by the Player, based on the alleged nonpayment of certain financial obligations by the Club.
43. In order to assess whether the termination was with just cause, the Chamber stressed that
the following is to be analysed:
-
What is the total amount paid by the Club to the Player up to the date of
termination of the Contract?
-
Is the Player’s salary subject to adjustment based on his participation rate in
official matches, in accordance with the Financial Regulations?
-
Is a 45% tax deduction applicable to the Player’s salary?
-
Were the fines and disciplinary sanctions imposed on the Player valid?
-
Is the Player entitled to receive his salary following the notification of case FDD18690?
-
Did the Player have just cause to terminate the Contract?
What is the total amount paid by the Club to the Player up to the date of termination of
the Contract?
44. The Chamber acknowledged that the following evidence submitted by the Club was not
contested by the Player:
-
A payment of USD 7,500 corresponding to remuneration, consisting of:
USD 2,500 in cash on 15 January 2023; and
USD 5,000 by bank transfer executed on 27 June 2022.
-
A payment of EGP 112,000 corresponding to the housing allowance, consisting of:
EGP 7,000 by cheque on 13 February 2023;
EGP 7,000 by cheque on 22 March 2023;
EGP 7,000 by cheque on 27 April 2023;
EGP 7,000 by cheque on 19 May 2023;
pg. 15
REF. FPSD-15872
EGP 28,000 by cheque on 27 September 2023;
EGP 14,000 by cheque on 26 November 2023;
EGP 14,000 by cheque on 12 February 2024;
EGP 7,000 by cheque on 28 February 2024;
EGP 7,000 by cheque on 25 May 2024;
EGP 7,000 by cheque on 25 July 2024; and
EGP 7,000 by cheque on 1 August 2024.
45. Accordingly, the Chamber concluded that a payment of USD 7,500 as remuneration and a
payment of EGP 112,000 as housing allowance were made to the Player.
46. The Chamber then observed that the following payments were not contested by the Player;
however, he maintained that the applicable exchange rate was a fixed, 1 USD equal to 50.61
EGP:
-
EGP 100,000 by cheque on 1 October 2022;
-
EGP 150,000 by cheque on 5 October 2022;
-
EGP 1,976,250 by cheque on 18 October 2022;
-
EGP 310,000 by cheque on 5 March 2023; and
-
EGP 123,800 by cheque on 24 May 2023.
47. In this respect, the Chamber observed that the Contract did not specify an applicable
exchange rate. Therefore, the Chamber stressed that the applicable exchange rate should
be in effect on the date of payment. Consequently, the Chamber applied the applicable
exchange rate as of the date of payment and consequently, the following payments are
recorded:
-
EGP 100,000 equivalent to USD 5,109.64;
-
EGP 150,000 equivalent to USD 7,622.45;
-
EGP 1,976,250 equivalent to USD 100,339;
pg. 16
REF. FPSD-15872
-
EGP 310,000 equivalent to USD 10,063.20;
-
EGP 123,800 / USD 4,006.02.
Total: USD 127,140.31
48. In view of the above, the Chamber considered that, in addition to the payments of USD
7,500 and EGP 112,000, a further payment of USD 127,140.31 was made to the Player.
49. Finally, the Chamber observed that the Player contested the payment of USD 25,000
allegedly made by cheque on 25 November 2022. In this regard, the Chamber noted that
the Club submitted a copy of bank cheque No. 115052304, while the Player had provided
a bank document indicating that cheque No. 115052304 had not been honoured due to
“insufficient funds, partial payment refused.”
50. The Chamber held that the mere issuance of a cheque did not constitute sufficient proof
that the corresponding amount had been effectively paid to the Player. It was considered
that the appropriate evidence to confirm such payment would have been either a bank
confirmation or the Club’s bank statements reflecting the successful processing of the
cheque. However, neither of these documents had been submitted by the Club.
51. Consequently, the Chamber concluded that the Club failed to discharge its burden of proof
in demonstrating that the Player received the amount of USD 25,000.
52. In view of all the above considerations, the Chamber concluded that the Club paid the
Player USD 134,640.31 as remuneration and EGP 112,000 as housing allowance.
Is the Player’s salary subject to adjustment based on his participation rate in official
matches, in accordance with the Financial Regulations?
53. The Chamber observed that the Club argued that the Player’s salary should be subject to
adjustment based on his participation rate, in accordance with the Club’s Financial
Regulations, and that said regulations were applicable to the Player. Conversely, the Player
had contested such deductions, asserting that they were contrary to the terms agreed
upon in the Contract and that the Financial Regulations had neither been signed nor agreed
to by him.
54. In this respect, the Chamber recalled the wording of the Club’s Financial Regulations for
the 2022/2023 season, which stipulated that “25% of the value of the player’s contract is set
aside and paid after the end of the season, in case he participates in 80% of the matches.” The
2023/2024 Financial Regulations further stipulated that “25% of the contract value is withheld
and paid at the end of the season based on the player’s participation percentage. The player’s
participation percentage is calculated as follows or as deemed appropriate by the football
director and the head coach. – The Player receives the full participation percentage (25%) of his
pg. 17
REF. FPSD-15872
contract value with the Club if he participates actively in 75% of the matches. – The Player
receives 50% of the full participation percentage (25%) if he participates actively in 60% to 74%
of the matches.”
55. In this context, the Chamber highlighted that, in general, potestative clauses – i.e., clauses
dependent on an event which can only be triggered by one of the contractual parties and
upon the latter’s wish – cannot be applied, as they limit the rights of the contractual
counterparty in an excessive manner and lead to an unjustified disadvantage of the latter.
56. The Chamber understood that the clause in question inserted in the Financial Regulations
is clearly potestative as it unilaterally provides all the power to the Club to decide upon a
considerable reduction of the Player’s salary, since it is the Club, at its sole discretion, who
decides if the Player is fielded or not.
57. Furthermore, the Chamber noted that if 25% of the salary was intended to constitute a
conditional bonus, such an arrangement must be expressly included in the Contract. A
unilateral document prepared solely by the Club, without the Player’s consent, could not
validly impose such a condition.
58. On the basis of the above, the Chamber decided that such clause has a clearly abusive
nature and shall not have any legal effect in the relevant employment relationship.
Is a 45% tax deduction applicable to the Player’s salary?
59. The Chamber noted that the amounts specified in the Contract were gross amounts, as
expressly agreed upon by the Player and the Club and confirmed under clause 4.6 of the
Contract.
60. The Chamber further noted that the Player stated that he was entitled to an annual salary
of USD 333,300 gross, equivalent to USD 250,000 net, reflecting an approximate deduction
of 25%. In his response to the counterclaim, the Player did not provide any further
comment regarding the tax deductions.
61. The Chamber also recalled the information submitted by the Club:
-
State’s Resources’ Development Tax (10%):
The Egyptian Law No. 83 of 2020 amending Law No. 147 of 1984 provides for the
payment of the Development of the states' financial resources fee. According to
art. 2 item 21 of this Law:
“The tax on purchase or sale or loan (seconding) or renewal or other contracts for
Egyptian or Foreign Sport players (athletes), and the contracts of technical coaches
pg. 18
REF. FPSD-15872
and administrative team and the head Egyptian or Foreign Coach, for any sports
games, as per the stipulation of this law, is as follows:
[…]
10% tax dues rate where the annual contract value is more than EGP 10,000,000
(206,500 USD)”
A letter addressed to the Egyption Football Association (EFA) from the Egyptian
Tax Authorities dated 6 September 2020:
“We are pleased to clarify to your esteemed selves:
ln accordance with the provisions of Article 2, paragraph 21, states the following
Contracts for the purchase, sale, lease, renewal, or any o ther contracts for Egyptian
or foreign sports players, as well as contracts for technical, administrative, and
coaching staff, whether Egyptian or foreign, for any sports discipline, as specified in
the attached schedule of the law.
The relevant sports federation must, prior to documenting any contract of the
aforementioned type, collect this fee and remit it to the Egyptian Tax Authority.
Whereupon
You are hereby obligated to collect and remit the State Financial Development
Fee due on the contracts executed within your domain, effective from the day
following the issuance of the law in the Official Gazette.
This is to be carried out through payment orders, deduction transfers from your open
accounts in commercial banks, or by means of cash payment. […]” (emphasis added)
-
Income tax (25%):
the Egyptian income Tax Law No. 12 of 2003 provides for the payment of the
income Tax.
A letter addressed to the Club from EFA:
“With reference to your letter regarding income tax on players (Egyptian and foreign),
we would like to inform you that the income tax rate according to the income Tax Law
No. 12 of 2003, applicable to player contracts (Egyptian and foreign) in the Egyptian
league, is as follows:
[…]
- imposes a tax at a rate of 25% on the bracket exceeding 400,000 Egyptian pounds
annually.
The party responsible for bearing the income tax in the Arab Republic of Egypt on
player contracts (Egyptian and foreign) is the Player, pursuant to the fourth clause of
the unified standard contract for player contracts at the Egyptian Football
Association. The clause stipulates that players are responsible for the taxes imposed
on the contract, with clubs committed to deducting them from player contracts
and remitting them to the relevant authorities.” (emphasis added)
pg. 19
REF. FPSD-15872
-
Syndicate of Sports Professions’ Tax (10%)
Law 63/2010 read as follows:
“(H)- Total amount of Syndicate stamps collection and such collections shall be for the
interest of
Pensions and Aids Fund under the following categories: […]
Five percent (5%) shall be collected on any contract signed with players,- trainers,
national administrative employees, and such percentage shall be increased to (10%)
for foreigners, and such contracts may be certified only after paying such percentage”
A letter from EFA which states:
“ln response to your letter dated 15/5/2023, we would like to inform you that the
standard contract for professional players in Egypt, as approved by the Egyptian
Football Association for both Egyptian and foreign players, is the sole effective
contract for player registration in Egypt. No other contracts are considered valid.
Additionally, the player is responsible for the taxes due on this contract, as well as any
other fees in accordance with the law. The club is obligated to deduct these
amounts from the player's earnings and remit them to the tax authorities under
its responsibility.” (emphasis added)
62. Having the above considerations, the Chamber took note of the Player’s assertion that he
is entitled to gross amounts and that he calculated a net amount by deducting 25%. In
parallel, the Club submitted documentation evidencing its obligation to deduct income tax.
In light of both parties’ submissions, the Chamber decided to deduct the income tax from
the Player’s salary.
63. With respect to the State’s Resources Development Tax (10%) and the Syndicate of Sports
Professions’ Tax (10%), the Chamber acknowledged that the Club provided evidence of the
legal basis and explanations as to the deductions to be made. Furthermore, the Chamber
observed that the Player did not contest these deductions or submit any information that
would allow the Chamber to conclude that the Club is not entitled to make them.
64. Consequently, the Chamber found that the Club is entitled to deduct all three items,
income tax, State’s Resources Development Tax, and Syndicate of Sports Professions’ Tax,
amounting to a total of 45%. Moreover, the Chamber stressed that it is the Club’s
responsibility to remit the deducted amounts to the relevant tax authorities. Accordingly,
the Chamber decided to award the net amounts to the Player.
pg. 20
REF. FPSD-15872
Were the fines and disciplinary sanctions imposed on the Player valid?
65. In this respect, the Chamber noted that the Club intended to make some deductions of the
Player’s salaries due to the imposition of fines based on disciplinary decisions of the Club.
A summary of the documents provided by the Club is described below:
-
A table referencing various players and clubs, which also includes the term “caution”.
-
A “settlement authorization” for EGP 86,000 with the wording “[t]he value of players
'cautions of 2022/2023 until the match of Ceramic Club on 03/04/2023”.
-
Various letters addressed to Mr. Elatar – who appears to be a Club’s representative in which he was informed that the Board of directors of the Club decided to impose
various fines to the Player (each letter contained a different amounts, reason and
referred to the Club’s financial regulations). The content of most of the letters were
“With reference to the above-mentioned subject, and in response to the memoranda
submitted by the head coach, it has been decided to impose a deduction of EGP 5000
(only five thousand Egyptian pounds) from player HAMDI BIN ABDUL 5ALAM ALNAQAZ.
This fine has been imposed in accordance with the club's internal financial regulations”.
-
Documents addressed to the Executive director in order to approve deductions for
the Player for different reasons e.g. absence from the team training.
-
A settlement authorization dated 20 December 2023 mentioning: “[t]he penalties on
the basis of the first team as follow: […] HAMDI AL-NAQAZ 2000 EGP (64.62$)”.
-
A document called “warnings for First Team players in the premier League After the
match against ENPPI, which was held at Petro Sport Stadium on Saturday ,16/12/2022”
in which following the name of the player had the wording “deserves”.
-
Letters addressed to EFA, sharing with EFA the Financial deduction of players.
66. Upon review of the documentation submitted, the Chamber observed that the letters in
question were internal communications within the Club and were not shared with the
Player. No explanation was provided to the Player regarding the basis for the deductions.
The Chamber further noted that several deductions appear to have been imposed
unilaterally for alleged disciplinary reasons, without any formal disciplinary proceedings
being conducted. There is no evidence that the Player was given an opportunity to present
his position in relation to these deductions. In light of the above, the Chamber decided to
not apply such deductions.
pg. 21
REF. FPSD-15872
Is the Player entitled to receive his salary following the notification of case FDD-18690?
67. The Chamber recalled the Club’s position that a restriction on playing in official matches
due to his noncompliance with his financial obligations towards the Zamalek Sports Club
was imposed on the Player by FIFA as of 17 June 2024. Moreover, the Chamber noted that
such suspension was until 24 November 2024. Additionally, the Chamber noted that the
Player did not provide any additional comment regarding this point.
68. In this respect, the Chamber stressed that the Contract did not provide any provision in
order to deduct the Player’s salary. Moreover, the Chamber stressed that such measure,
did not forbit the Player to perform his remaining activities. Additionally, the Chamber
noted, that the Club did not contact the Player to provide his position as to this situation.
Therefore, the Chamber concluded that the Player was entitled to the salaries for this
period.
Did the Player have just cause to terminate the Contract?
69. To assess this matter, the Chamber first established the amounts contractually due at the
time of default and at the time of termination of the Contract.
70. Having in mind all the above analysis in the previous sections, the Chamber concluded that
the Player was entitled until 17 June 2024 to a net salary of USD 348,315. Having established
that the Club only paid USD 134,640.31, the remaining amount to be paid until the date of
default is USD 213,674.69 net.
Amounts
gross
net
25%
10%
333,300
83,325
33,330
33,330
183,315
June 2024
300,000
75,000
30,000
30,000
165,000
TOTAL
633,300
158,325
63,330
63,330
348,315
season 2022/2023
10% amount
season 2023/2024 until 17
Payments
Amount due
134,640.31
134,640.31
213,674.69
71. Moreover, and considering that the next salary payment was expected on 30 August 2024,
the amount due by the Club as of the date of termination remained USD 213,674.69.
72. The Chamber further observed that the Player’s salary was not paid on a monthly basis.
Accordingly, the Chamber calculated the Player’s monthly net remuneration to be USD
18,333.33, based on the gross annual salary of USD 400,000 as stipulated in the Contract.
Applying a 45% withholding rate (i.e., USD 180,000), the resulting net annual salary amounts
to USD 220,000. Therefore, as of the date of default and termination more than more than
pg. 22
REF. FPSD-15872
11 monthly salaries were due. Furthermore, the Player has provided written evidence of
having put the Club in default on 17 June 2024, i.e. at least 15 days before unilaterally
terminating the Contract on 11 August 2024.
73. In light of the above considerations, the Chamber concluded that the Player had a just
cause to unilaterally terminate the contract, based on art. 14bis of the Regulations.
ii. Consequences
74. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
75. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, the following amounts remained
unpaid:
-
USD 48,674.69 net as the remaining amount of the instalment payable on 30 August
2023 net plus 5% interest p.a. as from 31 August 2023 until the date of payment.
-
USD 55,000 net as the instalment payable on 22 September 2023.
-
USD 55,000 net as the instalment payable on 31 January 2024.
-
EGP 49,000 as housing allowance between January 2024 and July 2024 (7 months).
-
USD 55,000 net as the instalment payable on 30 April 2024.
76. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay to the Player the amounts which were
outstanding under the contract at the moment of the termination, i.e. USD 213,674.69 and
EGP 49,000.
77. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Player interest
at the rate of 5% p.a. as follows:
-
On the amount of USD 48,674.69 as from 31 August 2023 until the date of effective
payment;
-
On the amount of USD 55,000 net as from 23 September 2023 until the date of
effective payment;
pg. 23
REF. FPSD-15872
-
On the amount of USD 55,000 net as from 1 February 2024 until the date of effective
payment;
-
On the amount of USD 55,000 net as from 1 May 2024 until the date of effective
payment;
-
On the amount of EGP 7,000 as from 1 February 2024 until the date of effective
payment;
-
On the amount of EGP 7,000 as from 1 March 2024 until the date of effective
payment;
-
On the amount of EGP 7,000 as from 1 April 2024 until the date of effective payment;
-
On the amount of EGP 7,000 as from 1 June 2024 until the date of effective payment;
-
On the amount of EGP 7,000 as from 1 August 2024 until the date of effective
payment;
-
On the amount of EGP 7,000 as from 1 May 2024 until the date of effective payment;
-
On the amount of EGP 7,000 as from 1 July 2024 until the date of effective payment;
78. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Club in the case at stake. In doing so, the Chamber firstly
recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount of
compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
79. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
80. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the club to the player had to be assessed in application of the
other parameters set out in art. 17, par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the player by the club shall
be equal to the residual value of the contract that was prematurely terminated, unless the
pg. 24
REF. FPSD-15872
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i)).
81. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 225,000 net and EGP 77,000 (i.e. salaries since August
2024 and housing allowance between August 2024 and June 2025) serves as the basis for
the determination of the amount of compensation for breach of contract.
82. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
83. Indeed, the Player found employment with Al Shahaniah. In accordance with the pertinent
employment contract, the Player mitigated his damages in the total amount of USD
34,657.17 (USD 4,951.02 plus USD 9,902.05 times 3).
84. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason i.e. overdue payables by the Club, and therefore
decided that the Player shall receive additional compensation.
85. In this respect, the DRC decided to award the amount of additional compensation of USD
54,999.99, i.e. three times the monthly remuneration of the player. However, the Chamber
reminded the parties that, as per the last sentence of art. 17 par. 1 lit. ii) of the Regulations,
the overall compensation may never exceed the rest value of the prematurely terminated
contract.
86. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay the amount of USD
225,000 net and EGP 77,000 to the Player which was to be considered a reasonable and
justified amount of compensation for breach of contract in the present matter.
87. Moreover and taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Player interest
on said compensation at the rate of 5% p.a. as of 11 August 2024 until the date of effective
payment.
pg. 25
REF. FPSD-15872
88. Lastly, the Chamber concluded that the claim of the Player was partially accepted and the
counterclaim of the Club was rejected.
iii. Compliance with monetary decisions
89. 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. In this regard, the Chamber highlighted that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist, in principle, of a ban from
registering any new players, either nationally or internationally, up until the due amounts
are paid.
90. Notwithstanding the above, the Chamber wished to remark that in accordance with art. 24
par. 3 of the Regulations, the aforementioned consequences may be excluded where the
pertinent FIFA deciding body has already imposed on the same party a sporting sanction
on the basis of article 12bis, 17 or 18quater of the Regulations.
91. In this respect, the Chamber recalled that the FIFA Disciplinary Committee a transfer ban
has been imposed on the Respondent, namely in the case FDD-23891.
92. Accordingly, the Chamber established that in casu art. 24 par. 2 of the Regulations shall not
apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
93. In view of the above, the Chamber decided that if the aforementioned sum plus interest is
not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
94. 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.
d. Costs
95. 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,
pg. 26
REF. FPSD-15872
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
96. 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.
97. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 27
REF. FPSD-15872
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/Counter-Respondent, Hamdi Naguez, is partially accepted.
2.
The counterclaim of the Respondent/Counter-Claimant, Ismaily SC, is rejected.
3.
The Respondent/Counter-Claimant, must pay to the Claimant/Counter-Respondent the
following amount(s):
a. USD 48,674.69 net as outstanding remuneration plus 5% interest p.a. as from
31 August 2023 until the date of effective payment;
b. USD 55,000 net as outstanding remuneration plus 5% interest p.a. as from 23
September 2023 until the date of effective payment;
c. USD 55,000 net as outstanding remuneration plus 5% interest p.a. as from 1
February 2024 until the date of effective payment;
d. USD 55,000 net as outstanding remuneration plus 5% interest p.a. as from 1
May 2024 until the date of effective payment;
e. EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1
February 2024 until the date of effective payment;
f.
EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 March
2024 until the date of effective payment;
g. EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 April
2024 until the date of effective payment;
h. EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 May
2024 until the date of effective payment;
i.
EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 June
2024 until the date of effective payment;
j.
EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 July
2024 until the date of effective payment;
k. EGP 7,000 as outstanding remuneration plus 5% interest p.a. as from 1 August
2024 until the date of effective payment;
pg. 28
REF. FPSD-15872
l.
USD 225,000 net and EGP 77,000 as compensation for breach of contract plus
5% interest p.a. as from 11 August 2024 until the date of effective payment.
4.
Any further claims of the Claimant/Counter-Respondent 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.
If full payment is not made within 30 days of notification of this decision, the matter shall
be submitted, upon request of the Claimant/Counter-Respondent, to the FIFA Disciplinary
Committee.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 29
REF. FPSD-15872
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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. 30