Labour Disputes
Texto da decisão
REF. FPSD-19173
Decision of the
Dispute Resolution Chamber
passed on 6 November 2025
regarding an employment-related dispute concerning the player Ousmane
Camara
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Calum BEATTIE (Scotland), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Ousmane Camara, Guinea
Represented by Berlin Sports Law
RESPONDENT:
FC Dinamo Tbilisi, Georgia
pg. 2
REF. FPSD-19173
I. Facts of the case
1.
On 8 January 2022, the Guinean player Ousmane Camara (hereinafter: the Player or the
Claimant) and the Georgian club FC Dinamo Tbilisi (hereinafter: the Club or the Respondent)
concluded an employment contract (hereinafter: the Employment Contract), valid as from
the date of the signature until 31 December 2024.
2.
Pursuant to the Employment Contract, the Club undertook to pay the Player as follows
(quoted verbatim):
“Paragraph 4. Wages, bonuses and additional allowances
4.1. From January 8, 2022 – till December 31, 2024 the Club shall pay the Player monthly
salary in amount of 5,000 (five thousand) USD equivalent in GEL without income tax- NET,
according to the official exchange rate of the National Bank of Georgia existing on the day of
payment. Payment is made for 12 months per year.
4.2. The Club will pay the Player 1000 (One Thousand) GEL, without income tax – NET, for each
goal scored and/or assist in the official match of the first team. At the end of each football
season, the Club will calculate the number of goals and/or assists, on the basis of which the
Club will pay the total amount at the end of such season, only if the “Club” wins the title of
Erovnuli Liga in such season.
4.4. For the additional stimulation employer is authorized to pay bonuses to the Player; The
bonuses shall be paid in accordance with the Club's domestic policy.
4.5. The Club shall provide the Player with a monthly flat fee in amount of 1,000 (One
Thousand) GEL, without income tax – NET.
4.6. The Club shall provide the Player with one economy class round-trip airline ticket per
season the direction of Conakry.
4.7. Salary shall be paid until the 15th of the next calendar month.”
3.
On an unspecified date, the Club purportedly issued a document titled “Internal Rules and
Regulations of FC Dinamo Tbilisi on bonus for season 2022” (hereinafter: the Internal Rules 2022), which was apparently signed by certain club players (the Player’s name does not
appear in the list of players), and which established the following (quoted verbatim):
“Internal rules and regulation of FC Dinamo Tbilisi on bonus for season 2022.
1. Erovnuli Liga - 3 points - 1 000 GEL.
2. In case of a draw, the bonus will not be paid.
pg. 3
REF. FPSD-19173
3. The bonus will be paid on salary and only if at the end of the month the team is in first
place or the difference in points with the first place team is a maximum of 2 points. If the
team does not fulfill this condition, then the number of won games of such month is multiplied
by the coefficient 0, i.e. it is zero.
4. Bonus with coefficient 2 - FC Dinamo Batumi, FC Goris Dila, FC Saburtalo.
5. In case of 1st place, the number of accumulated winnings (respectively the amount issued
to each member of the team) is multiplied by a coefficient of 1 and constitutes a
championship bonus for each member of the team.
The matches won against FC Dinamo Batumi, FC Goris Dila, FC Saburtalo are multiplied by
coefficient 2.
6. Davit Kipiani Cup - 10 000 GEL (maximum amount per person).
7. First qualifying round of Conference League - 3 000 EUR.
Second qualifying round of Conference League - 5 000 EUR.
Third qualifying round of Conference League - 7 000 EUR
Fourth qualifying round of Conference League (play off) - 10 000 EUR
The bonus will be paid after overcoming each qualifying round and 50% of amounts
mentioned in paragraph 7, the second 50% will be paid only if the team will participate in
group stage of Conference League.”
4.
On 13 January 2024, the Club and the Kazakh club FC Astana concluded a transfer
agreement (hereinafter: the Transfer Agreement) for the permanent transfer of the Player
from the Club to FC Astana. Pursuant to clause 2 of the Transfer Agreement, the Club
undertook to terminate the Employment Contract with the Player, and FC Astana
undertook to sign a new contract with the Player.
5.
Accordingly, on 19 January 2024, the Player and FC Astana signed a new employment
contract (hereinafter: the Subsequent Employment Contract), valid as from 19 January 2024
until 31 December 2026.
6.
On 12 December 2024, the Player sent a default notice (hereinafter: the First Notice),
granting the Club a 10-day deadline to pay USD 40,000, plus GEL 36,000 and EUR 5,000,
corresponding to alleged overdue payables under the Employment Contract and the
Internal Rules - 2022.
7.
In the First Notice, the Player argued that the Employment Contract ran from January 2022
to December 2024, entitling him to USD 120,000 in salary and GEL 24,000 in rent allowances
(which totals approximately GEL 362,596). However, he argued only having received GEL
238,987 to that date, leaving USD 40,000 and GEL 8,000 unpaid for the period between May
pg. 4
REF. FPSD-19173
to December 2024. Additionally, he claimed GEL 28,000 corresponding to alleged league
match-winning bonuses from the 2022 season and EUR 5,000 for reaching the UEFA
Conference League™ second qualifying round. This alleged unpaid remuneration formed
the basis of the amounts requested.
8.
9.
On 20 December 2024, the Club replied to the First Notice (hereinafter: the First Response),
whereby it raised the following points:
(i)
It denied any outstanding payments for the period from May to December 2024,
asserting that the Player was no longer contractually bound to the Club during
that time, since he was transferred to FC Astana under the Transfer Agreement;
(ii)
It affirmed that all financial obligations for the period from May to December
2023 (including salaries, apartment rent allowances, and performance bonuses)
had been fully settled; and
(iii)
It argued that the Player was not entitled to the EUR 5,000 bonus regarding the
UEFA Conference League™ qualification. It explained that the Club’s participation
in the second qualifying round of the UEFA Conference League™ 2023/2024
resulted from its elimination in the first qualifying round of the UEFA Champions
League™. Therefore, the Club contended that this development did not
constitute a qualification “because of the winning of the first round” and thus did
not trigger the bonus.
On 20 March 2025, the Player replied to the First Response (hereinafter: the Final Notice).
The Player granted the Club a 10-day deadline to pay USD 5,409, plus GEL 46,967 and EUR
5,000, corresponding to overdue payables under the Employment Contract and the
Internal Rules - 2022. In summary, the Player argued that:
(i)
He was entitled to USD 60,000 as salary and GEL 12,000 as rent allowance for the
year 2023, but, as per the documents presented by the Club in the First Response,
it had only paid GEL 160,390.50 (corresponding to USD 57,494), leaving an
outstanding debt of USD 2,506 and GEL 12,000;
(ii)
As per the Internal Rules - 2022, and considering the “Georgian League of 2022
title”, he “became entitled to the bonuses for winning matches, in the total amount of
GEL 28,000, as well as the qualification for the UEFA Conference League Second
qualifying round, in the amount of EUR 5,000”; and
(iii)
As the Player was only transferred to FC Astana on 18 January 2024, he was
entitled to receive the prorated salary and prorated rent allowance
corresponding to the period.
pg. 5
REF. FPSD-19173
10. On 29 March 2025, the Club replied to the Final Notice (hereinafter: the Second Response),
whereby it argued that:
(i) The Player miscalculated the GEL to USD exchange rate, and no outstanding
salary or rent allowance remained due for 2023;
(ii) The Player was only contractually entitled to bonuses for goal contributions
during the 2022 season, for which he received GEL 26,000. The Club also denied
the Player’s entitlement to a bonus for UEFA competition participation, asserting
that the Club’s relegation to the UEFA Conference League™ did not constitute a
qualification, and no such bonus was contractually stipulated; and
(iii) No remuneration was owed for January 2024, as the Player had departed the
Club in December 2023 following an agreement on his transfer. The Transfer
Agreement was concluded on 13 January 2024, and the Player did not render
services to the Club in January 2024.
II. Proceedings before FIFA
11. On 8 May 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Player
12. The Player asserted that he was employed by the Club under the Employment Contract
from 8 January 2022 until 18 January 2024, when he was transferred to a third club (i.e., FC
Astana).
13. In this context, he argued that, for the year 2023, he should have received a total of USD
60,000 as salaries plus GEL 12,000 as rent allowance under the Employment Contract, but
only received a total amount of GEL 160,390.05 (according to him, approximately USD
58,479).
14. In this regard, he concluded that “considering the Player’s monthly salary, in the amount of
USD 5,000, corresponds to GEL 13,713, the Player’s monthly remuneration, composed by salary
and rent allowance, was of a total of GEL 14,713. Thus, for the entire year of 2023, the Player
should have received GEL 176,556 (14,713 x 12) and, as mentioned, he only received GEL
160,390.05. In view of that, for the year of 2023, the Respondent still owes an amount
corresponding to GEL 16,165.95 to the Claimant, which relates to the months of November (USD
177 as salary plus GEL 1,000 as rent allowance) and December 2023 (full USD 5,000 as salary
plus GEL 1,000 as rent allowance)”.
pg. 6
REF. FPSD-19173
15. Additionally, he claimed to be entitled to further prorated unpaid salary (USD 2,903) and
rent allowance (GEL 580) corresponding to the 18 days of January 2024 prior to his transfer
to FC Astana.
16. The Player further argued being entitled to “bonuses for wins, in the amount of GEL 28,000,
and the bonus for the qualification to the UEFA Conference League Second qualifying round, in
the amount of EUR 5,000”.
17. Lastly, the Player referred to the First Notice and to the Final Notice to support the
imposition of the consequences of art. 12bis of the Regulations on the Status and Transfer
of Players (hereinafter: the Regulations) on the Club.
18. In light of the above, the Player requested the following relief:
“V. REQUESTS FOR RELIEF
48. The Claimant, thus, requests that the Dispute Resolution Chamber of the FIFA Football
Tribunal accepts the present claim and orders the Respondent to:
a.
Pay to the Claimant the amount of USD 8,080 (eight thousand and eighty US Dollars)
net as outstanding salaries;
i.
Pay the Claimant 5% interest p.a. on the amount of USD 177 net as of 16
December 2023, until the date of effective payment;
ii.
Pay the Claimant 5% interest p.a. on the amount of USD 5,000 net as of 16
January 2024, until the date of effective payment;
iii.
Pay the Claimant 5% interest p.a. on the amount of USD 2,903 net as of 18
January 2024, until the date of effective payment;
b.
Pay to the Claimant the amount of GEL 2,580 (two thousand five hundred and eighty
Georgian Lari) as outstanding rent allowance;
i.
Pay to the Claimant 5% interest p.a. on the amount GEL 1,000 as of 16
December 2023 until the date of effective payment;
ii.
Pay to the Claimant 5% interest p.a. on the amount GEL 1,000 as of 16 January
2024 until the date of effective payment;
iii.
Pay to the Claimant 5% interest p.a. on the amount of GEL 580 as of 18 January
2024 until the date of effective payment.
c.
Pay to the Claimant the amount of GEL 28,000 (twenty-eight thousand Georgian Lari)
as outstanding bonuses for wins;
i.
Pay to the Claimant 5% interest p.a. on the amount of GEL 28,000 as of 18
January 2024, until the date of effective payment.
d.
Pay to the Claimant the amount of EUR 5,000 (five thousand Euros) as outstanding
bonus for the qualification to the UEFA Conference League Second qualifying round;
pg. 7
REF. FPSD-19173
i.
Pay to the Claimant 5% interest p.a. on the amount of EUR 5,000 as of 18
January 2024, until the date of effective payment.”
b. Reply of the Club
19. On 10 June 2025, the Club filed its reply to the Player’s claim.
20. As to the Player’s request for overdue payables related to the year 2023, the Club pointed
out that “the Claimant received GEL 160,390.50 in 2023 including salaries, accommodation
allowance, which corresponds to USD 57,494, calculated strictly in accordance with paragraph
4 of the employment contract and using the official exchange rate of the National Bank of
Georgia on the date of each payment”.
21. As to the Player’s claim for outstanding salaries for the 18 days of January 2024, the Club
contended that the employment relationship was effectively terminated on 13 January
2024, coinciding with the signing of the Transfer Agreement. Consequently, no salary was
owed for January 2024, as the Player “did not perform any work for the Club during this
period”.
22. Similarly, as to the Player’s request for outstanding rent allowance for the 18 days of
January 2024, the Club stated that any claim is “unwarranted as the Player was no longer
under contract or residing in club-provided accommodation as of 13 January 2024”.
23. As to the Player’s claim for performance bonuses, the Club argued that the Player was only
contractually entitled to GEL 1,000 per goal contribution during the 2022 season, subject
to the condition that the national league title was secured. In this context, the Club stated
that it had paid the Player a total of GEL 26,000 for his 24 goal contributions, and therefore
considers no further amount to be outstanding.
24. As to the Player’s claim for bonus related to qualification to the UEFA Conference League™,
the Club reiterated that its participation in the tournament resulted from elimination in the
2023/2024 UEFA Champions League™. Accordingly, the Club emphasized that, as “no
provision in the Player’s contract or the Club policy establishes entitlement to a bonus for
indirect qualification or relegation between competitions”, no bonus is owed in this respect.
25. In light of the above, the Club requested the following relief:
“24. The Respondent respectfully requests the FIFA Dispute Resolution Chamber to:
a.
b.
c.
Reject all claims submitted by the Player in their entirety;
Confirm that the Club has no outstanding financial obligations towards the Player;
Reject the request for the application of sanctions under Article 12bis of the FIFA RSTP.”
pg. 8
REF. FPSD-19173
c. Replica of the Player
26. On 26 June 2025, the Player presented its replica.
27. Regarding the claims for the year 2023, the Player emphasized that the Club had
acknowledged its partial non-compliance by admitting to having paid “only GEL 160,390,
which corresponds to USD 57,494.” As such, the Player argued that the outstanding amounts
related to salaries and rent allowance for the year 2023 remain undisputed.
28. The Player reiterated that he remained employed by the Club until 18 January 2024, and
therefore he is entitled to the corresponding prorated salary and rent allowance.
29. He also contended that while the Club referred to the payment of bonuses linked to goal
contributions, it failed to address the claimed match-winning bonuses, which remain
unpaid.
30. With regard to the bonus for qualification to the UEFA Conference League™, the Player
asserted that the triggering condition was the act of qualification itself, irrespective of
whether it occurred as a result of elimination from a higher-tier competition.
31. In light of the above, the Player reaffirmed all the requests for relief from the original claim.
d. Duplica of the Club
32. On 22 July 2025, the Club filed its duplica.
33. As to claims pertaining to unpaid salaries for the year 2023, the Club argued that the
Player’s salary claims are unfounded because the Club had already paid the full amounts
for both November and December 2023 (corresponding to USD 177 and USD 5,000,
respectively).
34. Specifically, it argued the salary for November (in the amount of GEL 13,316.50) was paid
on 24 January 2024, and the salary for December (in the amount of GEL 13,324) was paid
on 7 February 2024.
35. Regarding the Player’s claim for outstanding rent allowance for November and December
2023, the Club asserted that these amounts were already paid on 24 January 2024 and 7
February 2024, respectively.
36. As to the claim regarding unpaid salary for the 18 days of January 2024, it emphasized that
the contractual relationship between the parties was terminated on 13 January 2025, as
per a FIFA Transfer Matching System (TMS) instruction presented. Furthermore, the Club
asserted that the Player effectively departed from his professional duties towards the Club
on 4 December 2023, as demonstrated by a flight ticket issued by the Club. It concluded
pg. 9
REF. FPSD-19173
that the Player did not return thereafter, and thus, no salary obligation arose for the period
in question.
37. Similarly, with respect to the claimed rent allowance for January 2024, the Club reiterated
that no payment was due, as the Player departed on 4 December 2023 and did not return
thereafter.
38. As to the Player’s request for match-winning bonuses, the Club asserted that no contractual
provision provided for this kind of payment and, as permitted by clause 4.4 of the
Employment Contract, “the bonuses were paid in accordance with the club’s discretion”.
39. Regarding the claimed bonuses for qualification to the UEFA Conference League™, the Club
reiterated that such qualification resulted from its elimination from the UEFA Champions
League™. It further argued that the bonus would only be payable upon successful
progression beyond the qualifying rounds. In this context, the Club outlined that it was
eliminated in the second qualifying round by the Maltese club FC Harmun Spartans, and
therefore, no bonus was triggered.
40. In light of the above, the Club reaffirmed all the requests for relief from the original reply
to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence, admissibility and applicable legal framework
41. 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 8 May 2025 and submitted for decision on 6
November 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.
42. 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 an Guinean player and a Georgian club.
43. In continuation, the Chamber referred to art. 23 par. 3 of the Regulations, which stipulates
that the decision-making bodies of FIFA shall not hear any dispute if more than two years
have elapsed since the facts leading to the dispute arose. Furthermore, the Chamber
pg. 10
REF. FPSD-19173
recalled that the application of this time limit shall be examined ex officio in each individual
case.
44. In this context, the Chamber noted that the present claim was lodged in front of FIFA on 8
May 2025. Therefore, in line with art. 23 par. 3 of the Regulations, any amounts fallen due
before 8 May 2023 are affected by the statute of limitations.
45. With the above in mind, the Chamber observed that, in the present case, the Player
requested, inter alia, the payment of certain amounts that had fallen due prior to said date.
In particular, the Claimant seeks payment of GEL 28,000 in league match-winning bonuses
which in our understanding corresponded to the 2022 season, as he based his request on
the Internal Rules – 2022, the default notices and the claim mentioned bonuses for the
“Georgian League of 2022 title” and no clarification was provided regarding the specific
matches for which the bonuses were being claimed. In this respect, the Chamber noted
that the Internal Rules – 2022 explicitly stipulates that such bonuses, when triggered, are
to “be paid on salary and only if at the end of the month the team is in first place or the difference
in points with the first place team is a maximum of 2 points” (emphasis added). Accordingly,
the DRC found that, regardless of whether the conditions for triggering the bonuses were
met, any league match-winning bonus related to the 2022 season would have been due at
the latest simultaneously with the salary for December 2022, which unequivocally predates
8 May 2023.
46. The Chamber therefore concluded that the Player’s claim is partially inadmissible, as his
claim relating to payments which fell due before 8 May 2023 is affected by the statute of
limitations.
47. 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
48. 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 TMS.
pg. 11
REF. FPSD-19173
c. Merits of the dispute
49. 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
50. The Chamber then moved to the substance of the matter, and took note of the fact that
this is a claim from a player against a club for overdue payables.
51. On one side, and in addition to the prescribed sums, the Player claims entitlement to partial
unpaid salary and rent allowance for November 2023, full salary and rent allowance for
December 2023, and a proportional salary and rent allowance for January 2024.
Additionally, he seeks payment of match-winning bonuses corresponding to the 2022
season and a qualification bonus related to the Club’s participation in the 2023/2024 UEFA
Conference League™. On the other side, the Club contends that all payments due for the
year 2023 have been duly settled, that no remuneration is owed for January 2024, that the
Player is not contractually entitled to match-winning bonuses, and that the conditions for
triggering the UEFA Conference League™ bonus have not been met.
52. In this context, the Chamber acknowledged that its task was to determine whether any
outstanding remuneration claimed remains payable to the Player, which it proceeded to
assess as follows.
a)
Salaries and Rent Allowances for the year 2023
53. In summary, the Chamber recalled that, for the year 2023, the Player claims that the Club
still owes an amount corresponding to GEL 16,165.95, which purportedly relates to the
months of November 2023 (USD 177 as salary plus GEL 1,000 as rent allowance) and
December 2023 (full USD 5,000 as salary plus GEL 1,000 as rent allowance).
54. The Chamber noted that, in order to support that payments pertaining to the year 2023
were already satisfied, in its reply, the Club presented a series of “payment orders”
purportedly directed to the Player and made between August 2023 and February 2024.
Although some of these documents had the files named after ‘months’, the Chamber
outlined that they were presented without adequate context, merely suggesting that
certain sporadic payments were made on irregular dates and amounts. Due to the absence
of a clear pattern or categorization, the Chamber found it impossible to conclusively
determine the nature of each payment, as the Club failed to prove the nature of each
transaction and the reasoning behind their irregular schedule.
pg. 12
REF. FPSD-19173
55. Furthermore, the Chamber noted that certain documents submitted by the Club in this
regard were not even accompanied by translations into any of the Football Tribunal official
languages as required under art. 13 par. 1 of the Procedural Rules, being entirely written
in the Georgian alphabet.
56. In parallel, the Chamber noted that other documents were submitted with partial
translations but failed to identify the recipient of these payments, as the “Receiver” field
was completed exclusively in Georgian script, rendering it impossible to confirm whether
the payments were indeed directed to the Player.
57. Additionally, the Chamber pointed that the majority of the documents submitted in this
context were not accompanied by evidence of the official exchange rate issued by the
National Bank of Georgia on the respective dates of payment.
58. As a result, overall, the Chamber concluded that it is not feasible to conclusively verify
whether all the payments were made in accordance with the financial terms stipulated in
the Employment Contract.
59. For the sake of completeness, the Chamber observed that, in its duplica, the Club
resubmitted two of the previously presented payment orders – still without translation of
the “Receiver” field – but this time accompanied by evidence of the applicable exchange
rate from the National Bank of Georgia. These payments, dated 24 January 2024 and 7
February 2024, allegedly corresponded to the salaries for November and December 2023,
respectively. Additionally, the Club submitted two further payment orders of GEL 1,000
each, purportedly covering the rent allowances for those months. However, despite these
submissions, the Chamber considered that the irregular timing and the overall lack of
clarity surrounding the previous payments prevented a definitive conclusion as to whether
these amounts fully satisfy the Player’s claims or pertain to other previous obligations.
60. Ultimately, the Chamber highlighted that, in its reply dated 10 June 2025, the Club itself
affirmed that “the Claimant received GEL 160,390.50 in 2023 including salaries,
accommodation allowance, which corresponds to USD 57,494, calculated strictly in accordance
with paragraph 4 of the employment contract and using the official exchange rate of the
National Bank of Georgia on the date of each payment”.
61. Considering that the Employment Contract entitled the Player to the equivalent in GEL of
USD 60,000 in salary and GEL 12,000 in rent allowance, the Chamber concluded that the
Club’s own statement lends credibility to the Player’s claim, as it confirms a shortfall in the
amounts due for the year 2023.
62. In other words, the Chamber considered that the Club acknowledged that at least the GEL
equivalent of USD 2,506 plus GEL 12,000 were not paid. In the absence of the official
exchange rate for each payment and applying an unofficial exchange rate at the date of
pg. 13
REF. FPSD-19173
the claim, this results in a shortfall of approximately GEL 18,799.43. This figure closely
aligns with the amount claimed by the Player, which, according to his own calculations,
totals GEL 16,165.95.
63. In light of the foregoing, considering that the Club has failed to discharge its burden of
proof to demonstrate that the amounts claimed by the Player were duly paid (cf. art. 13
par. 5 of the Procedural Rules), and in respect to the principle of ne ultra petita, the
Chamber decided to award the outstanding remuneration for the year 2023 as requested.
64. Additionally, in line with the Player’s request and consistent with the established practice
of the FIFA Football Tribunal, the Chamber awarded interest on the outstanding amounts
at a rate of 5% p.a. as from the day following each respective due date until the date of
effective payment, broken down as follows:
November 2023 remuneration:
- USD 177 net plus 5% interest p.a. as from 16 December 2023; and
- GEL 1,000 plus 5% interest p.a. as from 16 December 2023.
December 2023 remuneration:
- USD 5,000 net plus 5% interest p.a. as from 16 January 2024; and
- GEL 1,000 plus 5% interest p.a. as from 16 January 2024.
b)
Proportional Salaries and Rent Allowances for January 2024
65. As a preliminary remark, the Chamber noted that the Employment Contract contains no
provision authorizing the Club to withhold salary payments or rent allowances under any
circumstances, including the Player’s physical absence from the Club’s premises. Therefore,
the DRC found that the Club remained obligated to pay the Player his full remuneration for
the duration of the employment relationship.
66. The Chamber then considered that, although the Player was not a signatory to the Transfer
Agreement, his subsequent execution of the Subsequent Employment Contract in the
following days strongly suggests that he was, at the very least, aware of the terms and
implications of said Transfer Agreement, without objection. Accordingly, the Chamber
concluded that the parties de facto acknowledged that their employment relationship
extended until 13 January 2024, the date on which the Transfer Agreement was signed, and
the Player is therefore entitled to the corresponding remuneration.
67. The Chamber again decided that the prorated amounts due should be awarded with
interest at a rate of 5% p.a. as from the day following each respective due date, as follows:
pg. 14
REF. FPSD-19173
January 2024 remuneration (prorated until 13 January 2024):
- USD 2,096.77 net plus 5% interest p.a. as from 16 February 2024; and
- GEL 419.35 plus 5% interest p.a. as from 16 February 2024.
c)
Bonus for the UEFA Conference League™
68. The Chamber recalled the Player asserts entitlement to a bonus of EUR 5,000, claiming it
arises from the Club’s qualification to the UEFA Conference League™ second qualifying
round, pursuant to the Internal Rules – 2022. According to the Player, he was part of the
squad that secured the 2022 Georgian league title, thereby contributing to the Club’s
qualification for the competition and, consequently, he is entitled to the corresponding
bonus.
69. However, upon review of the relevant document, the Chamber was of the opinion that the
bonuses outlined therein are specifically linked to the successful progression through each
qualifying round of the UEFA Conference League™, rather than mere qualification for the
round or the tournament per se. The DRC recalled that the relevant provisions state
(emphasis added):
“7. First qualifying round of Conference League - 3 000 EUR
Second qualifying round of Conference League - 5 000 EUR
Third qualifying round of Conference League - 7 000 EUR
Fourth qualifying round of Conference League (play off) - 10 000 EUR
The bonus will be paid after overcoming each qualifying round and 50% of amounts
mentioned in paragraph 7, the second 50% will be paid only if the team will participate in
group stage of Conference League”
70. While considering the above, the Chamber initially noted that the very title of the Internal
Rules – 2022 suggests that these provisions were intended to apply exclusively to the 2022
season, which, in Georgia, ran from 10 March 2022 to 5 December 2022, according to
information retrieved from the TMS. Nevertheless, the parties’ submissions and
discussions have consistently referred to the Club’s participation in the 2023/2024 season
of the UEFA Conference League™, without any objection being raised regarding the
applicability of the Internal Rules – 2022 to that specific competition. Accordingly, for the
purposes of this analysis, the Chamber considered that the Internal Rules – 2022 are
applicable to the aforementioned competition.
71. In light of the foregoing, the Chamber observed that the wording of the Internal Rules –
2022 is clear in establishing that the entitlement to the EUR 5,000 bonus under the relevant
provision is expressly conditional upon the Club overcoming the second qualifying round of
the UEFA Conference League™, and not merely participating in or reaching it.
Consequently, the Chamber concluded that the burden rested with the Player to provide
evidence that the Club successfully overcame that stage during the relevant competition.
pg. 15
REF. FPSD-19173
However, the Chamber considered that the Player had failed to submit any such evidence,
as required under art. 13 par. 5 of the Procedural Rules.
72. In view of the above, and in the absence of any proof that the Club overcame the second
qualifying round of the UEFA Conference League™, the Chamber concluded that the
Player’s claim for the EUR 5,000 bonus is without merit and is therefore rejected.
pg. 16
REF. FPSD-19173
ii. Art. 12bis of the Regulations
73. The Chamber then referred to art.12bis par. 2 of the Regulations, which stipulates that any
club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
74. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
75. Accordingly, the Chamber also confirmed that the Respondent had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
76. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. On account of the above, and
bearing in mind that this is the first offense by the Respondent within the last two years,
the Chamber decided to impose a warning on the Respondent in accordance with art. 12bis
par. 4 lit. a) of the Regulations.
77. The Chamber also highlighted that a repeated offence will be considered as an aggravating
circumstance and lead to more severe penalty, in accordance with art. 12bis par. 6 of the
Regulations.
iii. Compliance with monetary decisions
78. 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.
79. 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.
80. 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.
pg. 17
REF. FPSD-19173
81. 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.
82. 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
83. 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.
84. 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.
85. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 18
REF. FPSD-19173
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ousmane Camara, is partially accepted insofar as it is admissible.
2.
The Respondent, FC Dinamo Tbilisi, must pay to the Claimant the following amount(s):
- USD 177 net as outstanding remuneration plus 5% interest p.a. as from 16 December
2023 until the date of effective payment;
- GEL 1,000 as outstanding remuneration plus 5% interest p.a. as from 16 December 2023
until the date of effective payment;
- USD 5,000 net as outstanding remuneration plus 5% interest p.a. as from 16 January
2024 until the date of effective payment;
- GEL 1,000 as outstanding remuneration plus 5% interest p.a. as from 16 January 2024
until the date of effective payment;
- USD 2,096.77 net as outstanding remuneration plus 5% interest p.a. as from 16
February 2024 until the date of effective payment; and
- GEL 419.35 as outstanding remuneration plus 5% interest p.a. as from 16 February 2024
until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
pg. 19
REF. FPSD-19173
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 20
REF. FPSD-19173
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. 21