Labour Disputes
Texto da decisão
REF. FPSD-19147
Decision of the
Dispute Resolution Chamber
passed on 7 November 2025
regarding an employment-related dispute concerning the player Reagy Baah
Ofosu
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Reagy Baah Ofosu, Germany
Represented by Riza Koklu
RESPONDENT:
Sanliurfaspor, Türkiye
Represented by Ercan Sevdimbaş
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REF. FPSD-19147
I. Facts of the case
1.
On 28 July 2024, the German player, Reagy Baah Ofosu (hereinafter: the Player or the
Claimant), and the Turkish club, Sanliurfaspor (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from the date of
signature until 30 June 2025.
2.
On 11 July 2024, the parties signed a protocol (hereinafter: the Protocol) specifying
additional conditions supplementing their contractual relationship for the 2024/2025
season.
3.
Under said Protocol, the Respondent undertook to pay the Claimant, inter alia, the
following amounts (quoted verbatim):
“- A total amount of 10.000,00-Euro shall be paid by the Club to the Player as the signing on
fee on the signature date of this Protocol.
- Additionally, a total amount of 100.000,00-Euro shall be paid by the Club to the Player as
the monthly salary in 10 equal installments (10 x 10.000,00-Euro) between August 2024 and
May 2025). The monthly salaries shall be paid on the last day of the relevant month.
- Additionally, a total amount of 10.000,00-Euro shall be paid by the Club to the Player as the
advance payment in 2 equal installments on the below mentioned dates:
• 5.000,00-Euro: On the signature date of this Protocol
• 5.000,00-Euro: On 31.08.2024”
4.
On 19 February 2025, the parties signed a mutual termination agreement (hereinafter: the
Termination Agreement) by which they mutually agreed to terminate the Contract.
5.
In accordance with the Termination Agreement, the parties held that the Claimant was still
owed EUR 82,000 under the Contract, however, that he waived EUR 14,000 thereunder so
as to receive the residual amount of EUR 68,000 net, payable in three instalments (quoted
verbatim):
“The net 68.000-EUR to be paid by the Club shall be paid as follows:
• 22.000-EUR net will be paid on signature date.
• 23.000-EUR net will be paid on 25.03.2025.
• 23.000-EUR net will be paid on 25.04.2025.”
6.
Furthermore, under Clause 1.3 of the Termination Agreement, the parties agreed that, if
the Respondent failed to comply with any payment agreed thereunder, the Claimant would
be entitled, subject to a default notice granting 14 days to fulfil the obligation, to the full
amount (EUR 82,000 instead of EUR 68,000), as well as a penalty of 20% of the outstanding
instalment in addition to the principal amount.
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REF. FPSD-19147
7.
On 7 April 2025, the Claimant put the Respondent in default of payment of EUR 23,000 net
setting a time limit of 14 days in order to remedy the default.
II. Proceedings before FIFA
8.
On 7 May 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
9.
In his claim, the Player argued that the Respondent failed to comply with its financial
obligations under the Termination Agreement. In particular, the amount of EUR 64,600 net,
detailed as follows:
⎯ EUR 23,000 net for the instalment due on 25 March 2025;
⎯ EUR 23,000 net for the instalment due on 25 April 2025 (payable as a result of the
acceleration clause);
⎯ EUR 14,000 net (amount waived as a result of signing the Termination Agreement,
now due as a result of club’s default); and
⎯ EUR 4,600 net as contractual penalty.
10. The Claimant argued that the Termination Agreement should be respected under the
principle of pacta sunt servanda.
11. The Claimant’s requests for relief, were the following (quoted verbatim):
“Reserving all our legal rights/the other receivables and on the basis of the facts, and legal
arguments that set out above, we respectfully request the FIFA Dispute Resolution Chamber to:
1. Accept the claims of Reagy Baah Ofosu,
2. Order Club Çanliurfaspor to pay in favour of the Claimant the total overdue and
outstanding receivable of net EUR 64,600 along with the interest rate of 5% p.a. from 22
April 2025 until the date of effective payment,
3. Establish that the costs of the present arbitration procedure shall be borne by the
Respondent.”
b. Position of the Respondent
12. In its reply, the Respondent argued, that the amount due to the Claimant was
miscalculated. However, it did not detail said miscalculation.
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13. The Respondent referred to various payment receipts but did not submit any evidence to
support its claims.
14. The Respondent’s requests for relief, were the following (quoted verbatim):
“7.1 The reasons explained above we kindly request you to decide judgment of dismissal about
the present case.
7.2 Consider the amounts paid and good faith of the Respondent while evaluating the Claimant
requests according to the reasons explained above and according to the bank receipts which
was provided by the respondent and setoff the mentioned amount from the Claimant’s requests.
7.3 finally, we would like to request your honorable chamber to make a decision that the judicial
costs and the attorneyship fees that the Respondent is faced with shall be paid by the Claimant.
If not, to award a minimum amount of procedural cost in connection with the temporary
amendment to the Procedural Rules declared with the Circular 1720.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 7 May 2025 and submitted for
decision on 7 May 2025. Taking into account the wording of arts. 32 and 34 of the January
2026 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the
Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the
matter at hand.
16. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: 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 German player and a Turkish club.
17. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he 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
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REF. FPSD-19147
18. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
19. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
20. The Single Judge then moved to the substance of the matter and took note of the fact that
the parties strongly dispute the amount of outstanding remuneration the Player is entitled
to.
21. On the one hand, the Claimant asserted that the Respondent failed to remit EUR 64,600,
as stipulated under the Termination Agreement signed between the parties.
22. On the other hand, the Respondent did not submit any evidence to corroborate the claim
that its debt towards the Claimant was lower that presented in the initial claim. In addition,
the Respondent did not provide any detailed argumentation or evidence as to how much
it had actually paid. Thus, the Single Judge considered the amount in dispute to be
effectively unchallenged.
23. In this context, the Single Judge acknowledged that his task was to determine whether the
Claimant was entitled to outstanding remuneration and the consequences thereof.
24. The Single Judge then noted that the requirements set forth in the acceleration clause
(Clause 1.3 of the Termination Agreement) were met. The Claimant had, in fact, issued a
default notice on 7 April 2025 and granted the Respondent 14 days to comply with its
financial obligation corresponding to the second instalment, i.e., EUR 23,000 that was due
on 25 March 2025. Therefore, in line with the terms set out in the acceleration clause, not
only did the remaining instalments become immediately due, but the full amount of EUR
82,000 also fell due on 21 April 2025.
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REF. FPSD-19147
25. Accordingly, the Single Judge decided that the Claimant was entitled to the contractual
penalty of 20%, as the requirements for its application were met. Furthermore, the Single
Judge recalled that, in accordance with established jurisprudence of the Football Tribunal,
as a general rule, a contractual penalty corresponding to a fixed percentage is reasonable
and proportionate as long as it does not exceed 50% of the principal amount. Therefore,
considering that in the case at hand the penalty amounts to 20% of the instalment which
the Respondent defaulted on, i.e., EUR 4,600, the penalty is deemed to be reasonable and
proportionate.
ii. Consequences
26. Having stated the above, the Single Judge turned his attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
27. In accordance with the general legal principle of pacta sunt servanda, the Single Judge
decided that the Respondent is liable to pay to the Claimant the amounts which were
outstanding under the Termination Agreement plus the corresponding contractual
penalty, i.e. EUR 64,600, detailed as follows:
⎯ EUR 23,000 net corresponding to the second instalment due on 25 March 2025;
⎯ EUR 23,000 net corresponding to the third instalment due on 25 April 2025 (payable
as a result of the acceleration clause);
⎯ EUR 14,000 net corresponding to the amount waived as a result of signing the
Termination Agreement, now due as a result of Club’s default and in accordance
with the contractual penalty; and
⎯ EUR 4,600 net as contractual penalty.
28. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amount of EUR 60,000 net as from 22
April 2025 until the date of effective payment.
29. For the sake of completeness, the Single Judge noted that, in accordance with the principle
of ne bis in idem and the longstanding jurisprudence of the Football Tribunal, interest
cannot be imposed on contractual penalties.
iii. Compliance with monetary decisions
30. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
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REF. FPSD-19147
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
31. In this regard, the Single Judge highlighted that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from registering any
new players, either nationally or internationally, up until the due amounts are paid. The
overall maximum duration of the registration ban shall be of up to three entire and
consecutive registration periods.
32. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must
pay the full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
33. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
34. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
35. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
36. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
37. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-19147
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Reagy Baah Ofosu, is partially accepted.
2.
The Respondent, Sanliurfaspor, must pay the Claimant the following amounts:
- EUR 60,000 net as outstanding remuneration plus 5% interest p.a. as from 22 April 2025
until the date of effective payment;
- EUR 4,600 net as contractual penalty.
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
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REF. FPSD-19147
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
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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