Labour Disputes
Texto da decisão
REF. FPSD-19399
Decision of the
Dispute Resolution Chamber
passed on 19 February 2026
regarding an employment-related dispute concerning the player Omar
Nicolas Govea Garcia
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Omar Nicolas Govea Garcia, Mexico
Represented by Alfonso Leon Lleo
RESPONDENT:
Fotbal Club Voluntari SA, Romania
Represented by Uno-One Legal Partners
pg. 2
REF. FPSD-19399
I. Facts of the case
The Employment Contract
1.
On 20 September 2022, the Mexican player, Omar Nicolas Govea Garcia (hereinafter: the
Player or the Claimant) and the Romanian club, Fotbal Club Voluntari SA (hereinafter: the
Club or the Respondent) entered into an employment contract (hereinafter: the Employment
Contract) valid as from 21 September 2022 until 31 May 2024.
2.
Clause 1 to 3 of the Employment Contract stated as follows:
“1. Modification, addition and cancellation of any clauses contained in this Convention
shall be effective only with the written consent of the Parties, referred to as an addendum
to the Convention.
2.The fact that the club does not insist on the ad literam execution of this Convention or
fails to make use of any of its options under this Convention shall not be construed as a
waiver of the rights conferred by this Convention.
3.This Convention constitutes the integral and final agreement between the Parties and
prevails over all prior, present or verbal statements, communications, understandings and
agreements, whether verbal or written, as to the subject matter of this Convention to the
extent that such statements, understandings and agreements do not comply or
contravene the provisions of this Convention”.
3.
In addition, clause 1.4 of Chapter III of the Employment Contracted read as follows:
“The club undertakes to pay the player an amount equivalent to the procedure of 50% of the
amount of a future transfer, after FC Voluntari deducts from this amount the expenses
incurred with and for the player.” (emphasis added)
The Loan Agreement
4.
On 29 November 2022, the Club and the Mexican club, CF Monterrey (hereinafter:
Monterrey) entered into a loan agreement (hereinafter: the Loan Agreement) for the transfer
of the Player on loan to Monterrey.
5.
According to point (f) of the Loan Agreement “Monterrey will have the right to execute the
permanent transfer of the Player until 15 December 2023.”
6.
According to clause 8 of the Loan Agreement, the parties agreed as follows:
pg. 3
REF. FPSD-19399
“In consideration of the Loan, the parties agree that the temporary transfer amount paid by
CF MONTERREY to FC VOLUNTARI shall be $250,000 USD net (two hundred and fifty thousand
USD), of which 5% (five percent) shall be deducted and withheld by CF MONTERREY pursuant
to Article 13.3 of FIFA’s Clearing House Regulations, in relation with Article 21 and Annex 5 of
the FIFA RSTP. The aforementioned amount will be paid in one installment within 2 (two)
business days from the date the player took the medical test and following the receipt of the
Player’s ITC.”
7.
According to clause 10 of the Loan Agreement, the parties agreed on the following:
“Notwithstanding the above, should CF MONTERREY exercise the purchase option then CF
MONTERREY shall pay FC VOLUNTARI a fee of $650,000 USD NET (six hundred and fifty
thousand USD), of which 5% (five percent) shall be deducted and withheld by CF MONTERREY
pursuant to Article 13.3 of FIFA’s Clearing House Regulations, in relation with Article 21 and
Annex 5 of the FIFA RSTP. The Transfer Fee shall be paid to FC VOLUNTARI in one installment
next 31 December 2023.”
8.
In addition, according to clause 12 of the Loan Agreement, the parties agreed on the
following:
“In addition, and as a conditional part of the transfer fee, CF MONTERREY will pay a
variable participation amount (sale) from the next permanent or temporary transfer
(loan) carried out by CF MONTERREY to any other club, equal to 20% (twenty percent)
of the amount of the transfer compensation within 10 (ten) days from the day the
transfer documents were signed and the monies where received by CF MONTERREY.”
(emphasis added)
The Additional Agreement
9.
On 17 December 2022, the parties signed an additional agreement (hereinafter: the
Additional Agreement) that stated as follows:
“Art. 1- The clause from point 1.4, Chapter III- Compensation of sports activity starting
from 28.11.2022 is no longer valid.
Art. 2- After point 5.6 Chapter III-Compensation of sports activity, point 5.7 is added and
5.8 as follows:
5.7- [The Club] will pay the player a bonus worth 80,000 USD net (eighty thousand USD),
if the player temporarily transfers to another club for a transfer amount of 250,000 USD
net (two hundred and fifty thousand USD).
5.8- If the [Player] will transfer permanently for the transfer amount of 650,000 USD net
(six hundred and fifty thousand USD), this amount does not include the amount from point
pg. 4
REF. FPSD-19399
5.7 of this Addendum, [the Club] will pay the player a bonus in the amount of 250,000
USD net (two hundred and fifty thousand USD).” (emphasis added)
10. On the same day, the parties signed a second additional agreement (hereinafter: the Second
Additional Agreement) and agreed as follows:
“SINGLE ARTICLE - If the club Club de Futol Monterrey Rayados A.C. activates the
definitive transfer clause of the player GOVEA GARCIA OMAR NICOLAS under the
conditions stipulated in the Transfer Agreement signed on 17.12.2022, from FC Voluntari
to Club de Futol Monterrey Rayados A.C., and Club de Futol Monterrey Rayados A.C. will
subsequently transfer the player to another club with a transfer fee, the player will
benefit from a gross amount representing the equivalent of 10% of the amount due
to the FC Voluntari club.” (emphasis added)
The Transfer Agreement
11. On 5 June 2024, the Player, the Club and the Mexican club, Chivas de Corazon (hereinafter:
Chivas) entered into a transfer agreement (hereinafter: the Transfer Agreement) for the
permanent transfer of the Player to Chivas. The parties agreed on the following payment
schedule:
“Chivas se obliga a pagar la Contraprestación a Rayados en parcialidades, de la siguiente forma:
Parcialidad
Cantidad (más el IVA)
Fecha limite de pago
1
MXN $ 10,357,625.00
30 de junio de 2024
2
MXN $ 10,357,625.00
31 de diciembre de 2024
Total:
MXN $ 20,715,250.00
12. On 13 and 14 September 2022, the parties allegedly exchanged the following messages
(quoted verbatim):
-
Player: “We agreed:
50% future sell after taxes
300€ each goal/assist on winning games
800€ for the apartment (if it’s more than this, it’s me covering the rest) signing fee
(forgot how much, 30?)
• one extra payment in advance
And
• you said 2 flights but it’s possible to get let’s say 6 for example?
So my family can come for Christmas?”
-
Club: “50% after the club deducted all the expenses made by the club - agree
pg. 5
REF. FPSD-19399
Bonus for score and pass in winning games in League 1
Agree and 3 flight tickets/season. Another I cannot.
Send me please the contract signed and we will modified here. Only to Block the place
on the list and tomorrow morning I will send the normal Contract.”
-
Player: “You’re not going to kill me? Ok my friend! You and me are already friends. I
will send you in 10 minutes.”
-
Club: “Let’s see if you trust me. Because I am not in the office.”
-
Player: He sent to the Club a document which appears to be an offer letter.
13. On an unspecified day, the Club sent an offer to the Player awarding him among “30% from
the next transfer.”
14. On 3 October 2023, Monterrey sent a letter to the Club informing it the following:
“By virtue of the foregoing, CF MONTERREY formally notifies FC VOLUNTARI the execution
of the Purchase Option stipulated in the Transfer Agreement. The later, with the
understanding that, in accordance with the Transfer Agreement, CF MONTERREY will be
obliged to pay a fee of $650,000 USD, of which 5% shall be deducted and withheld by CF
MONTERREY pursuant to Article 13.3 of FIFA’s Clearing House Regulations, in one
installment, by December 31st, 2023.”
15. On 4 January 2024, the Club paid the Player the amount of RON 906,000 (approx. USD
198,134).
16. On 17 April 2025, the Player sent a default notice to the Club requesting the following
(quoted verbatim):
“We hereby request the payment of the outstanding 50% (fifty per cent) which was agreed
to be paid to the Player in case he was transferred to any third clubs, after deduction of
any expenses your Club might have entered into.
Up to today, our client’s requests have been neglected and he has not been fully satisfied
such amount.
We, therefore, grant your Club a final deadline of ten (10) days, that is on or before the
27thof April2025, to fully remedy the afore-referred breach.”
pg. 6
REF. FPSD-19399
II. Proceedings before FIFA
17. On 27 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
18. The Player alleged that on 13 and 14 September 2022, the Club via WhatsApp, “expressly
and unequivocally accepted a key financial provision, namely: that FIFTY PERCENT (50%) of the
net proceeds (i.e. after deduction of applicable taxes) derived from any future transfer of the
Player to a third club would be paid to the Player. This stipulation was accepted without any
reservation by the Club, as evidenced by contemporaneous WhatsApp communications.”
19. In view of the above, the Player requested the amount of USD 228,116 “corresponding to
the Player’s rightful share of 50% of the total net proceeds received by the Respondent in
connection with the Player’s transfers, including both the initial transfer to CF Monterrey and
the subsequent onward sale to Chivas”. In this regard, the Player provided the following
breakdown (quoted verbatim):
“Transfer from FC Voluntari to CF Monterrey:
- Gross transfer fee: USD $650,000.00
- Less 5% FIFA solidarity deduction: USD $32,500.00
- Net amount received by FC Voluntari: USD $USD 617,500.00
Subsequent transfer from CF Monterrey to Chivas:
-
Gross transfer fee received by CF Monterrey: USD $1,175,000.00
FC Voluntari entitled to 20% under Clause 12 of the Loan Agreement
Amount received by FC Voluntari (20% of USD $1,175,000.00): USD $235,000.00
Total benefit accrued by FC Voluntari from both transfers:
-
USD $617,500.00+ USD 235,000.00= USD $852,500.00
Amount contractually due to the Player (50%of total benefit):
-
USD 426,250.00
Less partial payment received by the Player on 4 January 2024:
-
USD $198,134.00
Outstanding amount currently claimed by the Player:
-
USD $426,250.00- USD $198,134.00= USD 228,116.00.”
pg. 7
REF. FPSD-19399
20. In view of the above, the Player requested the following relief (quoted verbatim):
“As per all the above, the Claimant requests the Panel:
1. To accept this Claim against the Respondent;
2. To condemn the Respondent to pay the Player the outstanding payments for a total amount
of TWO HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED SIXTEEN UNITED STATES
DOLLARS (USD $228,116.00);
3. To condemn the Respondent to pay interests at a rate of 5 (five) per cent per annum over
entire amount requested from the due date of the payment until the date of the effective
payment;
4. Impose the Club whatever sporting sanctions this Honourable Court deems fit in
accordance with article 12 bis of the FIFA RSTP;
5. As consequence of the above, to condemn the Respondent to pay all expenses and costs of
the present proceedings, if any;
6. To further request that the Respondent be formally summoned to submit its position in
writing within the deadline prescribed by the FIFA procedural rules.
Subsidiarily, and only in the event that the Panel does not uphold the binding nature of the
50% agreement of 14 September 2022, the Claimant respectfully requests that the Panel:
1. To order the Respondent to pay to the Claimant the outstanding amount of FIFTY-SEVEN
THOUSAND SIX HUNDRED SIXTEEN UNITED STATES DOLLARS (USD $57,616.00), corresponding
to 30% of the proceeds derived from the Player’s transfers;
2. To condemn the Respondent to pay interests at a rate of 5 (five) per cent per annum over
entire amount requested from the due date of the payment until the date of the effective
payment;
3. Impose the Club whatever sporting sanctions this Honourable Court deems fit in
accordance with article 12 bis of the FIFA RSTP;
4. As consequence of the above, to condemn the Respondent to pay all expenses and costs of
the present proceedings, if any;
5. To further request that the Respondent be formally summoned to submit its position in
writing within the deadline prescribed by the FIFA procedural rules.”
pg. 8
REF. FPSD-19399
b. Reply of the Respondent
21. In its reply, the Club disputed the amounts requested by the Player.
22. The Club argued that this is a claim for the payment of the amounts that arose from the
Player’s subsequent transfers from the Club.
23. The Club clarified the following:
-
The Player claims amounts based on WhatsApp messages in which it was agreed
that the Club would pay him 50% of his future transfer.
-
The Club’s offer to the Player stipulated a 30% share of future transfers.
-
The Employment Contract provided for 50% of any future transfer, as stated in
clause 1.4.
-
The Additional Agreement nullified clause 1.4 of the Employment Contract.
-
The Second Additional Agreement established a 10% share of his future transfer.
24. In addition, the Club also exposed the Player’s transfer history and clarified the amounts
that were received for his transfers:
-
The transfer fee of the Loan Agreement paid by Monterrey to the Club was USD
250,000 net minus 5% solidarity contribution as per the Regulations.
-
The transfer fee for the purchase option that was exercised by Monterrey was
USD 650,000 net minus 5% solidarity contribution.
-
The transfer fee for the transfer of the Player from Monterrey to Chivas was of
USD 1,175,000 net minus 5% solidarity contribution. The Club was entitled to 20%
sell-on fee.
25. In this regard, the Club provided bank statements demonstrating the amounts that it has
received from Monterrey, as well as the following table:
pg. 9
REF. FPSD-19399
S.
Event
Amount
Actual
No
triggering
due to FCV
payment
Currency
Amount
Currency
Date of
amount
received
in which
payment
as per
due less
by FCV
payment
relevant
solidarity
Remarks
is
transfer
received
agreemen
t
1
Loan
250,000
237,500
USD
237,490
USD
1.12.2023
See annex 4 of
player’s
FIFA
claim
2
Permanent
650,000
617,500
USD
617,490
USD
12.15.2023
transfer
See annex 4 of
player’s
FIFA
claim
3
Sell-on
fee
235,000
223,250
USD
106,640.54
USD
8.27.2024
(20%)
See annex 7 of
player’s
FIFA
claim
107,445
EUR
1.27.2025
The
second
instalment
was
received
in EUR and the
equivalent
USD amount is
identified
in
the row below
Equivalent
amount
11,2387.47
USD
1.27.2025
in
USD
Solidarity
contributio
n
Loan
250,000
5.00%
12,500
Permanent
650,000
5.00%
32,500
1,175,000
5.00%
58,750
transfer
Sell-on
fee
(20%)
Actual
1,116,250
transfer dee
received by
Monterrey
Actual sell-
223,250
on due by
FCV
pg. 10
REF. FPSD-19399
26. In view of the above, the Club argued that the Player was entitled to USD 80,000 net from
his temporary transfer from the Club to Monterrey, USD 250,000 net from his permanent
transfer from the Club to Monterrey and 10% gross of 20% that the Club received from
Monterrey, i.e. 21,902.79.
27. Therefore, the Club claimed that the Player was entitled to receive the total amount of USD
351,902.79 and it actually paid the amount of USD 346,083.73 net. The Club further alleged
that the difference of USD 5,816.06 “is required to be paid by the Respondent. This small
difference has also occurred due to the exchange rate fluctuation and back charges and
commission. “
28. In addition, according to the Club as it has received “amounts little less than what is due to it
as sell-on fee, the Claimant is entitled to receive 10% of what the Respondent has actually
received from Monterrey.”
29. In light of the foregoing, the Club requested the following relief (quoted verbatim):
“On these grounds, the respondent hereby respectfully requests the FIFA dispute resolution
chamber to rule that:
1. The claimant has violated article 12 para. 2 of the FIFA procedural rules and accordingly,
impose a warning on the claimant for its conduct and/or any other sanction it considers
appropriate.
2. The claim of the claimant is partially accepted.
3. The respondent is liable to pay the claimant an amount of USD 5,816.06 (five thousand eight
hundred sixteen us dollars and six cents).
4. As an alternative to point 3, the respondent is liable to pay the claimant an amount of USD
5,816.06 (five thousand eight hundred sixteen us dollars and six cents) along with an interest
of 5% as from 4 June 2025 until the date of effective payment.
5. No sporting sanctions of any kind or nature are imposed on the respondent.
6. All other requests for relief of the claimant is liable to be dismissed.”
30. The Club provided bank account extracts allegedly proving the payment of USD 346,083.73
net. In particular, based on the document R8 provided by the Respondent the following
amounts have reportedly been paid to the Player:
-
14,161 (Unknown currency) paid on 30 March 2023;
364,800 (Unknown currency) paid on 17 January 2023;
pg. 11
REF. FPSD-19399
-
RON 906,000 paid on 4 January 2024;
60,000 (Unknown currency and date);
RON 40,000 paid on 27 March 2024;
126,500 (Unknown currency and date);
5,192 (Unknown currency and date);
62,293 (Unknown currency and date).
c. Replica of the Claimant
31. The Player did not reply within the deadline stipulated by the FIFA General Secretariat and
therefore, the reply and the documentation provided was disregarded in line with art. 11
par. 6 of the Regulations.
32. However, and due to the bank statements provided by the Club, the FIFA general
secretariat requested the Player’s final comments solely on the above documents. Any
further submissions provided with the final comments have been disregarded.
33. In this regard, the Player started by stating that the Club expressly acknowledged that USD
5,816 remain outstanding.
34. In addition, the Player argued that the documents presented by the Club allegedly
evidencing payments made to the Player “do not demonstrate, in any legally or factually
meaningful manner, the contractual performance that the Respondent attempts to infer from
it.”
35. According to the Player, the alleged bank statements reflected in the document do not
contain any payment reference, description, contractual reference or legal basis
whatsoever. As a result, the Player claimed that it is objectively impossible to identify the
legal cause of the alleged payments or to determine whether they correspond to salary,
bonuses, sell-on fees, advances, reimbursements or any ither contractual or noncontractual obligations.
36. In view of the above, the Player argued that the Club failed to demonstrate that the alleged
transfers correspond to the financial obligations related to the Player’s subsequent
transfer.
37. Furthermore, the Player claimed that none of the alleged payments coincides, in date or in
amount, with the sums that the Club itself claimed to have been contractually obliged to
pay, even under its own contested interpretation of the legal framework.
38. Regarding the sell-on fee of 20% received by the Club from Monterrey, the Player argued
that the discrepancy between the amount allegedly due as acknowledged by the Club (i.e.
USD 21,902.79) and the amount purportedly paid (i.e. USD 14,372) is substantial. The Player
highlighted that the only payment made after the Club received the sell-on of 20% from
pg. 12
REF. FPSD-19399
Monterrey (i.e. on 27 August 2024) corresponds to RON 62,293 (or USD 14,327) paid on 30
January 2025. According to him, such discrepancy of approximately USD 7,575 could not
be attributed to exchange rates or banking fees.
39. In view of the above, the Player requested the following relief:
1. “Accept the present claim against the Respondent in its entirety;
2. Order the Respondent to pay the Player the outstanding amounts due, for a total sum of:
2.1. USD 5,816 (five thousand eight hundred sixteen US dollars) as the Club itself
recognizes as due in paragraph 65 to its Response*; as well as
2.2. USD 7,575 (seven thousand five hundred seventy-five US dollars) as we have
proven clearly under paragraph 11 above by a mere review of the Club’s own Response
and contradictions therein; and
2.3. 40% of USD 219,027 over the sell-on fee received in relation to the transfer from
Monterrey to Chivas
(as the Club acknowledged it owes 10% out of it, but 50% is due) which equals USD
87,610 (eighty-seven thousand six hundred ten US dollars).
TOTAL: USD 5,816 + USD 7,575 + USD 87,610 = USD 101,001
(one hundred one thousand and one US dollar).
3. Order the Respondent to pay interest at a rate of five percent (5%) per annum on the total
outstanding amount, calculated from the respective due dates until the date of effective
payment;
4. Impose on the Respondent any sporting sanctions that this Honourable Panel deems
appropriate, in accordance with Article 12bis of the FIFA Regulations on the Status and
Transfer of Players;
5. Order the Respondent to bear all costs and expenses incurred in connection with the present
proceedings, if any.”
40. The Player further analysed his position regarding the contractual basis; however these
parts have been disregarded as they were outside of the scope of the final comments
requested by the FIFA general secretariat.
pg. 13
REF. FPSD-19399
III. Considerations of the Dispute Resolution Chamber
a. Competence 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 27 May 2025 and submitted for decision on
19 February 2026. Taking into account the wording of arts. 32 and 35 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.
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 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 Mexican player and a Romanian club.
43. 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
44. 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
45. 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.
pg. 14
REF. FPSD-19399
i. Main legal discussion and considerations
46. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly disputed the following:
(i)
The contractual basis of the claim: the Player argued that he is entitled to the
amounts specified in an offer letter, while the Club maintained that only the
agreements duly signed by both parties could be considered legally binding, and;
(II)
The concept of the amounts already paid to the Player by the Club and the proof
of payments presented by the Club which are not conclusive.
47. In this context, the Chamber acknowledged that its task was to analyse the contractual
basis of the claim as well as the outstanding nature of the amounts requested.
48. Regarding the contractual basis of the claim, the Chamber noted that the Player argued
that it should be the offer letter and the Employment Contract. The Club, however,
maintained that the agreements signed after the offer letter and the Employment Contract
superseded them, and therefore the Additional Agreement and the Second Additional
Agreement constitute the only binding contractual documents.
49. In view of the above, the Chamber considered that the Additional Agreement and the
Second Additional Agreement shall be regarded as the contractual basis of the claim as
they superseded the previous agreements between the parties and they are duly signed
by both parties.
50. Having established the above, the Chamber moved into the determination of the
outstanding amounts. The Chamber noted that the Club argued that the total amount
originally owed to the Player amounted to USD 351,902.79, which it claimed to have been
fully paid, except for a remaining balance of USD 5,816.
51. In this regard, the Chamber observed that the Club provided non-conclusive evidence
allegedly showing that the amount of USD 346,083.73 has been paid to the Player. In
particular, the Chamber deemed that the document provided does not indicate the
concept of the payments, their contractual basis, and for some of them it does not indicate
their currency and the date of the payment.
52. The Chamber also took note of the fact that the Player alleged that the bank statements
presented by the Club lack probative value for the above reasons. Nevertheless, the Player
did not explicitly deny having received the payments appearing in the Club’s bank
statements. Instead, the Chamber observed that he focused on the fact that the
documents do not indicate the nature of payments, suggesting they could related to other
obligations owed by the Club.
pg. 15
REF. FPSD-19399
53. Notwithstanding the above, and even though the Player did not expressly confirm or deny
receipt of the disputed payments, the Chamber noted that in his final request for relief, he
amended his claim and requested the following amounts:
-
USD 5,816 acknowledged by the Club as outstanding;
USD 7,575 as the balance of the sell-on fee arising from the Second Additional
Agreement;
USD 87,610 corresponding to 40% of USD 219,027 allegedly due as part of the sell-on
fee received by the Club from Monterrey in connection with the Player’s subsequent
transfer to Chivas. The Player argued that he was entitled not to 10% (as stated and
paid by the Club under the Second Additional Agreement) but to 50%, as stated in
the offer letter.
54. Consequently, the Chamber deemed that even if the Player has disputed the concept of
the payments appearing in the bank statements provided by the Club, by amending his
request for relief, and considerably reducing the amounts requested, he indirectly
acknowledged receipt of the remaining amounts initially claimed.
55. Considering the amounts requested in his second request for relief, the Chamber decided
as follows:
-
To grand the amount of USD 5,816 expressly acknowledged by the Club;
To reject the amount of USD 87,610 as the Player was entitled to 10% of the sell-on
fee according to the Second Additional Agreement and not 50% as alleged by him.
56. Regarding the request of payment of USD 7,757, the Chamber noted the following:
-
The Club acknowledged that, from the 20% sell-on fee, the Player was entitled to 10%
of the amount received by the Club according to the Second Additional Agreement.
-
The Club acknowledged that the total amount due to the Player from this transaction
corresponds to USD 21,902.
-
On 27 August 2024, the Club received the amount corresponding to the sell-on fee
of 20% by Monterrey.
-
Based on the bank statements provided by the Club, the only payment made after
the Club received the amount corresponds to RON 62,293 or approx. USD 14,327.
57. Therefore, the Chamber considered that the Club failed to discharge its burden of proving
that the amount corresponding to 10% of the sell-on fee has been paid in total to the Player.
58. Considering that the Club has failed to discharge its burden of proving that to which
obligations the amounts requested correspond to, the Chamber decided to award the
pg. 16
REF. FPSD-19399
Player the amount of USD 5,816 as acknowledged by the Club and USD 7,757 as the balance
of the sell-on fee.
59. In view of the above, the Chamber decided to award the Player the amount of USD 13,391.
60. Regarding the interest, the Player merely requested 5% interest as from the due dates.
However, the due dates have not been provided and cannot be determined based on the
contracts. Therefore, the Chamber decided to award 5% interest as from the date of the
claim until the date of the effective payment.
ii. Art. 12bis of the Regulations
61. 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.
62. 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.
63. 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.
64. 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 third offense by the Respondent within the last two years,
the Chamber decided to impose a fine of USD 2,000 on the Respondent in accordance with
art. 12bis par. 4 lit. c) of the Regulations.
65. 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
66. 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.
67. 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
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REF. FPSD-19399
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.
68. 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.
69. 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.
70. 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
71. 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.
72. 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.
73. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 18
REF. FPSD-19399
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Omar Nicolas Govea Garcia, is partially accepted.
2.
The Respondent, Fotbal Club Voluntari SA, must pay the Claimant the following amount:
- USD 13,391 as outstanding remuneration plus 5% interest p.a. as from 27 May 2025
until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 2,000 is imposed on the Respondent, which must be paid to
FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-19399:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
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.
pg. 19
REF. FPSD-19399
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 20
REF. FPSD-19399
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