Labour Disputes
Texto da decisão
REF. FPSD-19589
Decision of the
Dispute Resolution Chamber
passed on 10 September 2025
regarding an employment-related dispute concerning the player Emeka
Friday Eze
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Alexandra BRUINEWOUD GOMEZ (Uruguay & the Netherlands), Member
Iñigo RIESTRA (Mexico), Member
CLAIMANT:
Emeka Friday Eze, Nigeria
Represented by Riza Koklu
RESPONDENT:
PENDİKSPOR FUTBOL A.Ş., Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-19589
I. Facts of the case
1.
On 7 August 2023, the Nigerian player Emeka Friday Eze (hereinafter: the Player or the
Claimant) and the Turkish club PENDİKSPOR FUTBOL A.Ş. (hereinafter: the Club or the
Respondent) concluded an employment contract (hereinafter: the Employment Contract),
valid as from 7 August 2023 until 30 June 2025.
2.
On the same day, the parties entered a document titled ‘Additional Protocol’ (hereinafter:
the First Additional Protocol), pursuant to which the Club undertook to pay the Player as
follows:
“FOR 2023/2024 FOOTBALL SEASON
•
200.000.-EURO NET will be paid as a down payment as follows:
o 150.000.-EURO will be paid on 15.08.2023.
o 50.000.-EURO will be paid on 30.09.2023.
•
400.000.-EURO NET total will be paid in ten equal instalments between August 2023
- May 2024 as 40.000.-EUR for each month.
•
If the player takes part in the 11 squad-team and plays in 20 official league
competitions (excluding play-offs, cups and other competitions), in 2023/2024
football season, a net bonus of 50.000-EURO will be paid to the Player.
•
In case the Player contributes 10 goals (goal and/or assist) in the 2023/2024 football
season a bonus of 20.000-EURO will be paid.
•
In case the Player contributes 15 goals (goal and/or assist) in the 2023/2024 football
season a bonus of 20.000-EURO will be paid more.
•
In case the Player contributes 20 goals (goal and/or assist) in the 2023/2024 football
season a bonus of 20.000-EURO will be paid more.
•
In case the Player contributes 25 goals (goal and/or assist) in the 2023/2024 football
season a bonus of 50.000-EURO will be paid more.
•
In case the Club qualifies for Europa League Competitions (Champions League,
Europe League, Conference League) at the end of the 2023/2024 football season, a
bonus of 50.000-EURO shall be paid to the Player.
•
The Club will provide a car for the Player.
•
The Club will provide 2 tickets (economy class) for the Player.
pg. 3
REF. FPSD-19589
FOR 2024/2025 FOOTBALL SEASON
•
200.000.-EURO NET will be paid as a down payment as follows:
o 150.000.-EURO will be paid on 15.08.2024.
o 50.000.-EURO will be paid on 30.09.2024.
•
400.000.-EURO NET total will be paid in ten equal instalments between August 2024
- May 2025 as 40.000.-EUR for each month.
•
If the player takes part in the 11 squad-team and plays in 20 official league
competitions (excluding play-offs, cups and other competitions), in 2024/2025
football season, a net bonus of 50.000-EURO will be paid to the Player.
•
In case the Player contributes 10 goals (goal and/or assist) in the 2024/2025 football
season a bonus of 20.000-EURO will be paid.
•
In case the Player contributes 15 goals (goal and/or assist) in the 2024/2025 football
season a bonus of 20.000-EURO will be paid more.
•
In case the Player contributes 20 goals (goal and/or assist) in the 2024/2025 football
season a bonus of 20.000-EURO will be paid more.
•
In case the Player contributes 25 goals (goal and/or assist) in the 2024/2025 football
season a bonus of 50.000-EURO will be paid more.
•
In case the Club qualifies for Europa League Competitions (Champions League,
Europe League, Conference League) at the end of the 2024/2025 football season, a
bonus of 50.000-EURO shall be paid to the Player.
•
The Club will provide a car for the Player.
•
The Club will provide 2 tickets (economy class) for the Player.
•
-
Other Provisions
All Amounts and payment under this contract are “net” and will not be
reduced by any tax or other amounts. For the sake of clarity: The Club is
obliged to pay the income tax and withholding that will arise from the net
remunerations of the Player. In addition, the Club will cover and pay the
income tax to the Player that the Player is obliged to pay as per this
Contract. The Club also will refund the Player in addition to the
abovementioned amounts, in case the Player makes declaration to the
Turkish tax authority regarding his income tax and make the payment in
this regard. In this case, the Player will send all payment documents and
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REF. FPSD-19589
receipts to the Club in relation to the income tax payment and then the Club
will refund the Player in 30 days.”
3.
On the following day, 8 August 2023, the parties entered into another protocol (hereinafter:
the Seccond Additional Protocol), whereby the Club undertook to pay the Player an
additional amount of EUR 15,000 until 30 September 2023.
II. Proceedings before FIFA
4.
On 13 June 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
5.
The Player contended that, notwithstanding the financial obligations undertaken by the
Club pursuant to the First and Second Additional Protocols, the Club has failed to pay him
the following amounts:
•
EUR 40,000 as salary due on 28 February 2025;
•
EUR 40,000 as salary due on 31 March 2025;
•
EUR 40,000 as salary due on 30 April 2025;
•
EUR 40,000 as salary due on 31 May 2025;
•
EUR 50,000 as bonus due on 10 March 2025 (date of the 20th match in which the
Player took part in the 11 squad-team);
•
EUR 20,000 as bonus due on 4 January 2025 (date of the match in which the Player
reached 10 goals and/or assists); and
•
EUR 20,000 as bonus due on 10 May 2025 (date of the match in which the Player
reached 15 goals and/or assists).
6.
The Claimant further referred to a contractual provision that entitled him to two economyclass airline tickets. He stated that, on 13 May 2025, he purchased a business-class ticket
to his home country at a cost of USD 2,554, while a companion on the same flight acquired
an economy-class ticket for USD 657. The Claimant maintained that the latter amount
corresponded to the Club’s contractual obligation and, accordingly, he is entitled to a
reimbursement of USD 657.
7.
In light of the above, the Player requested the following relief (quoted verbatim):
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REF. FPSD-19589
“Reserving all our legal rights/the other receivables and on the basis of the facts, legal
arguments that set out above, we respectfully request the FIFA Dispute Resolution
Chamber to:
1. Accept the claims of Emeka Friday Eze,
2. Order Club Pendikspor Futbol A.S. to pay in favour of the Claimant the total overdue
and outstanding receivable of net EUR 250.000 and USD 657 along with the interest rate
of 5% p.a. from the following due dates until the date of effective payment.
•
•
•
•
•
•
•
•
Net EUR 40.000 along with interest thereon at the rate of 5% p.a. from 1 March 2025
until the date of effective payment,
Net EUR 40.000 along with interest thereon at the rate of 5% p.a. from 1 April 2025
until the date of effective payment,
Net EUR 40.000 along with interest thereon at the rate of 5% p.a. from 1 May 2025
until the date of effective payment,
Net EUR 40.000 along with interest thereon at the rate of 5% p.a. from 2 June 2025
until the date of effective payment,
Net EUR 50.000 along with interest thereon at the rate of 5% p.a. from 11 March
2025 until the date of effective payment,
Net EUR 20.000 along with interest thereon at the rate of 5% p.a. from 5 January
2025 until the date of effective payment,
Net EUR 20.000 along with interest thereon at the rate of 5% p.a. from 11 May 2025
until the date of effective payment,
Net USD 657 along with interest thereon at the rate of 5% p.a. from 14 May 2025
until the date of effective payment.
3. Establish that the costs of the present arbitration procedure shall be borne by the
Respondent.”
b. Position of the Respondent
8.
In its reply dated 18 July 2025, the Club argued that the Player’s claim should be dismissed
on the grounds that there were no outstanding amounts remaining due to the Player. The
Club cited “bank receipts” allegedly corresponding to payments made to the Player,
however it failed to submit any support evidence.
9.
In light of the above, the Respondent requested the following relief (quoted verbatim):
“7.1 The reasons explained above we kindly request you to decide judgment of dismissal
about the present case.
7.2. Consider the amounts paid and good faith of the Respondent while evaluating the
Claimant requests according to the reasons explained above and according to the bank
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REF. FPSD-19589
receipts which was provided by the Respondent and setoff the mentioned amount from
the Claimant’s requests.
7.3. Finally, we would like to request your honorable chamber to make a decision that
the judicial costs and the attorneyship fees that the Respondents faced with shall be paid
by the Claimant. If not, to award a minimum amount of procedural cost in connection
with the temporary amendment to the Procedural Rules declared with the Circular 1720.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. 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 13 June 2025 and submitted for decision on
10 September 2025. Taking into account the wording of arts. 31 and 34 of the January 2025
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
11. 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
an Nigerian player and a Turkish club.
12. 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 (July 2025 edition), the July 2025 edition of the Regulations is applicable to the
matter at hand as to the substance
b. Burden of proof
13. 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).
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REF. FPSD-19589
c. Merits of the dispute
14. 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
15. 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.
16. The Chamber noted that the Player maintained that he was entitled to certain payments
arising from the employment relationship, namely fixed payments, performance bonuses
and reimbursement of flight ticket. Conversely, the Club argued that all amounts due to
the Player had already been settled.
17. In this context, the Chamber acknowledged that its task was to determine whether the
Player is entitled to receive the amounts claimed, which it proceeded to analysed in turn.
a) Fixed payments
18. Firstly, in connection with the unpaid salaries, the Chamber determined that the Player’s
claim is contractually based and that he shall be entitled to the fixed instalments claimed
based on the principle of pacta sunt servanda, totalling EUR 160,000 net.
19. In this respect, the Chamber highlighted that, although the Club had the opportunity to do
so, it did not dispute or challenge the Player’s entitlement to the claimed amounts in its
reply. Instead, the Club merely asserted that the claim should be dismissed on the grounds
that the amounts had already been satisfied.
20. In this regard, the Chamber recalled that it was incumbent upon the Club to demonstrate
that the claimed amounts had indeed been satisfied. However, the Chamber noted that,
despite referencing certain “bank receipts” which allegedly corresponded to payments
directed to the Player, the Club failed to submit any such documents to the case file,
thereby failing to discharge its burden of proof in accordance with art. 13 par. 5 of the
Procedural Rules.
21. As to the interest, given that the Employment Contract and the protocols do not specify the
exact due dates for each fixed salary payment, the Chamber determined that they fell due
on last calendar day of each respective month. Accordingly, the DRC awarded interest from
the first day of each subsequent month.
pg. 8
REF. FPSD-19589
22. As an exception to the above, the Chamber observed that the Player expressly requested
that interest on the salary due for May 2025—originally payable by 31 May 2025—accrue
from 2 June 2025, rather than from 1 June 2025. In light of the principle of ne ultra petita,
the Chamber decided that interest on this specific instalment shall accrue as from 2 June
2025, as claimed.
b) Performance bonuses
23. As to the performance bonuses provided for in the First Additional Protocol, the Chamber
again determined that the Player shall be entitled to receive the corresponding amounts in
the total of EUR 90,000 net.
24. In this respect, the DRC highlighted that the Player’s claim has contractual basis and is
supported by documentary evidence, which was not disputed by the Club.
25. Given that the Employment Contract and the protocols do not specify the exact due dates
for each bonus payment, and in line with the well-established jurisprudence of the Football
Tribunal, the Chamber decided to award interest at a rate of 5% p.a. on the entire amount
as from 1 July 2025.
c) Flight ticket
26. Finally, as to the Player’s request for the reimbursement of a flight ticket, while the
Chamber acknowledged that the First Additional Protocol contained a generic provision
obligating the Club to provide the Player with a pair of flight tickets, the DRC considered
that such wording alone is insufficient to substantiate the Player’s claim for reimbursement
in the amount of USD 657.
27. In this regard, the members of the Chamber noted that the Player merely submitted an
invoice without any corresponding evidence of payment, such as a bank transfer
confirmation or receipt. The DRC considered that this invoice alone did not constitute proof
of expenditure and could not justify the Player’s entitlement.
28. Consequently, the Chamber dismissed this part of the claim.
ii. Compliance with monetary decisions
29. 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-19589
30. 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.
31. 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.
32. 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.
33. 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
34. 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.
35. 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.
36. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 10
REF. FPSD-19589
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Emeka Friday Eze, is partially accepted.
2.
The Respondent, PENDİKSPOR FUTBOL A.Ş., must pay to the Claimant the following
amount(s):
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 1 March
2025 until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 1 April 2025
until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2025
until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 2 June 2025
until the date of effective payment;
- EUR 90,000 net as outstanding amount plus 5% interest p.a. as from 1 July 2025 until
the date of effective payment;
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
pg. 11
REF. FPSD-19589
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 12
REF. FPSD-19589
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. 13