Labour Disputes
Texto da decisão
REF. FPSD-19604
Decision of the
Dispute Resolution Chamber
passed on 3 October 2025
regarding an employment-related dispute concerning the player Molla
Wague
BY:
Calum BEATTIE (Scotland)
CLAIMANT:
Molla Wague, France
Represented by Luca Smacchia
RESPONDENT:
G.S.D. ISOLA CAPO RIZZUTO 1966, Italy
pg. 2
REF. FPSD-19604
I. Facts of the case
1.
On 27 August 2024, the French player, Molla Wague (hereinafter: the Player or the Claimant),
and the Italian club, G.S.D. ISOLA CAPO RIZZUTO 1966 (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the date of signature until 30 June 2025.
2.
In accordance with the Contract, the Club undertook to pay the Player a total remuneration
of EUR 28,000.
3.
On 26 May 2025, the Player sent a default notice to the Club stating that, to that date, he
did not receive any remuneration under the Contract. The Player granted the Club 7 days
to pay the total amount of the Contract, i.e., EUR 28,000.
4.
The Player stated that he had remained unemployed since the termination of the Contract.
II. Proceedings before FIFA
5.
On 16 June 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Player
6.
In his claim, the Player alleged that the Club terminated the Contract unilaterally on 20
October 2024.
7.
The Player further asserted that, since he did not receive any amount under the Contract,
he put the Club on default on 26 May 2025.
8.
The Player submitted he is entitled to receive a compensation corresponding to the
residual value of the Contract plus three-monthly salaries.
9.
The Player’s requests for relief were the following (quoted verbatim):
“In light of the circumstances described above, the Player hereby requests the Dispute
Resolution Chamber of the FIFA Football Tribunal to:
- accept the present claim;
- recognize that the employment contract was by the Club without just cause on 20 October
2025;
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REF. FPSD-19604
- condemn the Respondent to pay EUR 28.000 plus interests at 5% pa since 20 October 2024
until the date of the payment;
- condemn the Respondent to pay EUR 8.400 as additional compensation for the termination
being due to overdue salaries.”
b. Position of the Club
10. Despite having been invited to do so, the Club failed to provide an answer to the claim.
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REF. FPSD-19604
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 16 June 2025 and submitted for
decision on 3 October 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.
12. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a French player and an Italian club.
13. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
14. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
15. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
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REF. FPSD-19604
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter, and took note of the fact that
it concerned a claim of a player against a club for compensation for breach of contract.
17. The Single Judge recalled that, according to the Player, the Club terminated the Contract
without just cause on 20 October 2024. Therefore, he argued that he is entitled to
compensation equal to the full value of the Contract and additional compensation.
18. Furthermore, the Single Judge took note that the Club failed to answer the present claim
and therefore confirmed that his decision would be rendered on the basis of the evidence
and submissions on file in line with art. 21, par. 1 of the Procedural Rules.
19. Having established the above, the Single Judge went to analyse the documentation on file
and observed that the Player did not provide any evidence to substantiate the alleged
termination of the Contract by the Club on 20 October 2024.
20. In addition, the Single Judge observed that, in his default notice dated 26 May 2025, the
Player did not state that the Club had terminated the Contract, nor did he indicate that he
had terminated it himself.
21. In light of the above, the Single Judge considered that, due to the lack of evidence on file
and the absence of any reply from the Club, the Contract can only be deemed to have been
terminated as of the date on which the Player lodged the present claim before the Football
Tribunal, i.e. on 16 June 2025.
22. Taking into account that the Player alleged not having received any salary under the
Contract, which remained undisputed by the Club, the Single Judge concluded that the
Player had just cause to terminate the Contract, based on art. 14 of the Regulations.
23. In conclusion, the Single Judge decided that the Player terminated the Contract with just
cause on 16 June 2025.
ii. Consequences
24. Having stated the above, the Single Judge turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
25. The Single Judge observed that the outstanding remuneration at the time of termination is
the full value of the Contract, amounting to EUR 28,000.
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REF. FPSD-19604
26. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Club is liable to pay to the Player the amounts which were
outstanding under the Contract at the moment of the termination, i.e. EUR 28,000.
27. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Player interest
at the rate of 5% p.a. on the outstanding amounts as from the due dates until the date of
effective payment.
28. Having stated the above, the Single Judge noted that the entire value of the Contract,
amounting to EUR 28,000, has already been considered as outstanding remuneration due
to the unjustified breach committed by the Club. Consequently, since the full contractual
value has been awarded as outstanding salary, there remains no residual value of the
Contract to serve as a basis for calculating further compensation.
29. Therefore, the Single Judge concluded that no compensation is to be awarded to the Player.
30. For the sake of completeness, the Single Judge decided to reject the Player’s request for
additional compensation, since no compensation has been awarded.
iii. Compliance with monetary decisions
31. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
32. In this regard, the Single Judge highlighted that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from registering any
new players, either nationally or internationally, up until the due amounts are paid. The
overall maximum duration of the registration ban shall be of up to three entire and
consecutive registration periods.
33. Therefore, bearing in mind the above, the Single Judge decided that the Club must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
of the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
34. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
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REF. FPSD-19604
35. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
36. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
37. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
38. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-19604
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Molla Wague, is partially accepted.
2.
The Respondent, G.S.D. ISOLA CAPO RIZZUTO 1966, must pay to the Claimant the following
amount(s):
- EUR 28,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 2,800 as from 20 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 January 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 February 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 May 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 11 June 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 2,800 as from 16 June 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.
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REF. FPSD-19604
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-19604
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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