Labour Disputes
Texto da decisão
REF. FPSD-19304
Decision of the
Dispute Resolution Chamber
passed on 11 December 2025
regarding an employment-related dispute concerning the player Arijan
Ademi
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Dana MOHAMED AL-NOAIMI (Qatar), Member
Michele COLUCCI (Italy), Member
CLAIMANT:
Arijan Ademi, North Macedonia
Represented by Davor Radić
RESPONDENT:
Beijing Guoan FC, China PR
pg. 2
REF. FPSD-19304
I. Facts of the case
1.
On 6 March 2023, the Noth Macedonian player, Arijan Ademi (hereinafter: the Player or the
Claimant), and the Chinese club, Beijing Guoan FC (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from 6 March 2023
until 31 December 2025.
2.
On the same day, the Player, the Club and the company “Sinobo (HK) Investment Oldings Co,
Limited” (hereinafter: the Company) entered into an image rights agreement (hereinafter:
the IRA).
3.
According to clause 3 of the IRA, the Player, the Club and the Company agreed on the
following payments (quoted verbatim):
“By entering in this Agreement, the TEAM undertakes to pay in favor of the Player, on top of all
the amount agreed in the employment agreement signed between the TEAM and the Player,
additional net remuneration of EUR 1,950,000 (One Million, Nine Hundred and Fifty Thousand
Euros), divided in six installments, as follows:
•
•
•
•
•
•
First installment of net EUR 325,000 to be paid in April 2023;
Second installment of net EUR 325,000 to be paid in July 2023;
Third installment of net EUR 325,000 to be paid in January 2024;
Fourth installment of net EUR 325,000 to be paid in July 2024;
Fifth installment of net EUR 325,000 to be paid in January 2025;
Sixth installment of EUR 325,000 to be paid in July 2025
The [Club] undertakes to pay and bear all applicable taxes on top and above net remuneration
agreed in this Agreement”.
4.
According to clause 5 of the IRA, the IRA “is deemed to be inseparable and integral part of the
[Contract] signed between the Player and the [Club] for the [same duration] and, for avoidance
of doubt, in case of dispute shall be deemed and interpreted as annex to the [Contract] signed
between the [Club] and the Player. Any dispute arising from or related to the [Agreement] will
be submitted to the FIFA Football Tribunal.”
5.
In addition, clause 6 of the IRA stated the following:
“For avoidance of doubt, in case of default regarding any payment established in this agreement,
the [Club] will be held liable to execute these obligations in the sense of FIFA Regulations, while
the Company shall be jointly and severely liable with the [Club] as a guarantee to pay all the
sums arising from this Agreement.”
6.
On 8 September 2023, the parties signed a termination agreement (hereinafter: the
Termination Agreement) and agreed on the following (quoted verbatim):
pg. 3
REF. FPSD-19304
“Between [the Club]
And
[the Player]
The parties mutually agree to terminate their employment contract.
[The Club] will pay [the Player] the employment contract salary until 7.9.2023, which is 123,333
euro net and related match bonus 37,050 USD net.
[The Company] will pay [the Player] the image rights until 475,000 Euro.”
7.
On 10 April 2024, the Player sent a default notice to the Club requesting the payment of
EUR 475,000 that arose from the Termination Agreement and gave a 10-day time limit to
comply with its default.
8.
On 16 July 2024, the Player sent a new default notice to the Club asking for the payment of
EUR 475,000 net that arose from the Termination Agreement within 10 days.
9.
On 12 December 2024, the Club sent the following email to the Player (quoted verbatim):
“Sorry for the late payment to [the Player]. We do not plan to proceed the payment before the
end of December.
I hope you could understand our situation.”
II. Proceedings before FIFA
10. On 20 May 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
11. The Player lodged the present claim before FIFA for overdue payables.
12. The Player contended that, although the Termination Agreement specified that the
Company was responsible for paying the amount of EUR 475,000 to the Player, the
document was signed only by the Club and the Player. Furthermore, the Player argued that
the Termination Agreement was linked to the IRA, which established that the Club was
responsible for all payments and that the Company was jointly and severally liable for such
obligations.
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REF. FPSD-19304
13. Furthermore, the Player alleged that the Club did acknowledge that they are the ones
responsible for the payment of EUR 475,000 net in the email sent on 12 December 2024.
14. In view of the above, the Player requested the following relief (quoted verbatim):
1. “The claim of the Claimant, Arijan Ademi, is admissible.
2. The claim of the Claimant, Arijan Ademi, is accepted.
3. The Respondent, Beijing Guoan FC, must pay to the Claimant outstanding remuneration in
the amount of EUR 475,000 net of taxes in China PR and Croatia plus interest at the rate of
5% p.a. as from 9 September 2023 until date of effective payment.
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 article 24 of the of the Regulations on the Status and Transfer of Players if full
payment (including all applicable interest) is not paid 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.
2. The maximum duration of three entire and consecutive registration
periods.
6. 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 paid by the end of the
three entire and consecutive registration periods.
The consequences shall only be enforced at the request of the Claimant in accordance with
article 24 of the Regulations on the Status and Transfer of Players.
This decision is rendered without costs.”
b. Reply of the Respondent
15. Despite being invited to do so, the Club did not reply to the claim.
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REF. FPSD-19304
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
16. 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 20 May 2025 and submitted for decision on
11 December 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.
17. 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 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 North Macedonian player and a Chinese club.
18. 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
19. 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
20. 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.
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REF. FPSD-19304
i. Main legal discussion and considerations
21. The Chamber then moved to the substance of the matter, and took note that this is a claim
of a player against a club for overdue payables based on a termination agreement.
22. The Chamber observed that on the one hand, the Player asserted that the Club owed an
outstanding amount of EUR 475,000 net arising from the Termination Agreement. While
the Termination Agreement indicated that the Company would pay this sum, the Player
argued that, in reality, the obligation rested with the Club, as the Termination Agreement
was signed solely by the Club and the Player. Moreover, the Player emphasized that the
IRA clearly established the Club as a party liable for the payment. In addition, the Player
noted that the Club acknowledged this outstanding payment in an email dated 12
December 2024.
23. On the other hand, the Club failed to respond to the claim, meaning that the decision must
be taken solely on the basis of the evidence available on file (cf., art. 14 par. 1 of the
Procedural Rules).
24. In this context, the Chamber acknowledged that its task was to determine whether the Club
was liable to pay the amount of EUR 475,000 arising from the Termination Agreement and
the consequences thereof.
25. The Chamber noted that the Termination Agreement stated that the “[the Company] will
pay [the Player] the image rights until 475,000 Euro”, however it only bore the Club and
Player’s signatures, and the Company was not a party in the agreement.
26. In addition, the Chamber also pointed out that the IRA clearly established that the Club is
liable to pay the amount deriving from this agreement. In particular, the Chamber noted
that clause 6 of the IRA stated that “in case of default regarding any payment established in
this agreement, the [Club] will be held liable to execute these obligations in the sense of FIFA
Regulations, while the Company shall be jointly and severally liable with the [Club] as a
guarantee to pay all the sums arising from the Agreement.” In addition, clause 3 of the IRA
established that it is the Club that undertook to pay the Player the agreed amounts.
27. Therefore, taking into account (i) the provisions of clause 3, 5 and 6 of the IRA, (ii) the fact
that the Termination Agreement was only signed by the Player and the Club and (iii) the
email sent by the Club to the Player on 12 December 2024 through which it stated that the
amount owed would not be paid before the end of December, the Chamber decided that
the Club was liable to pay the amount agreed upon in the Termination Agreement.
28. In addition, the Chamber considered that it has remained undisputed that the amount of
EUR 475,000 net remained outstanding.
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REF. FPSD-19304
29. In view of all the above, and the principle of pacta sunt servanda, the Chamber decided to
award the Player the amount of EUR 475,000 net as outstanding remuneration.
30. 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 Claimant interest
at the rate of 5% p.a. on the outstanding amounts as from 9 September 2023 until the date
of effective payment. The Chamber noted that the Termination Agreement did not stipulate
a due date and therefore decided to award interest as from the date after its signature and
as requested by the Player.
ii. Art. 12bis of the Regulations
31. 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.
32. To this end, the Chamber confirmed that the Player put the Club in default of payment of
the amounts sought, which had fallen due for more than 30 days, and granted the Club
with at least 10 days to cure such breach of contract.
33. Accordingly, the Chamber also confirmed that the Club 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.
34. 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 Club 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.
35. 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
36. 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.
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REF. FPSD-19304
37. 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.
38. 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.
39. 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.
40. 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
41. 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.
42. 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.
43. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-19304
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Arijan Ademi, is partially accepted.
2.
The Respondent, Beijing Guoan FC, must pay to the Claimant the following amount:
- EUR 475,000 net as outstanding remuneration plus 5% interest p.a. as from 9
September 2023 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.
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
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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
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