Labour Disputes
Texto da decisão
REF. FPSD-19663
Decision of the
Dispute Resolution Chamber
passed on 30 October 2025
regarding an employment-related dispute concerning the player Gabriel
Obekpa
BY:
Michele COLUCCI, Italy
CLAIMANT:
Gabriel Obekpa, Nigeria
Represented by Pius Ndubuokwu
RESPONDENT:
Football Club Zimbru Chisinau, Moldova
Represented by Berlin Sports Law
pg. 2
REF. FPSD-19663
I. Facts of the case
1.
On 15 January 2025, the Nigerian player Gabriel Obekpa (hereinafter: the Player or the
Claimant) and the Moldovan club FC Zimbru (hereinafter: the Club or the Respondent)
concluded an employment contract (hereinafter: the Contract) valid as from the date of
signature until 30 June 2025.
2.
According to the Contract, the Player was entitled to a “basic salary” of MDL 16,100 (approx.
EUR 817).
3.
Furthermore, on the same date the parties also concluded an Additional Agreement to the
Contract (hereinafter: the Additional Agreement), whereby the Club undertook to pay the
Player inter alia EUR 4,330 net per month as an additional remuneration between 15
January until 30 June 2025 (giving rise to a total amount of EUR 25,980 net).
4.
On 26 May 2025, the Player put the Club in default and requested payment of EUR 8,340,
corresponding to the partial salary for March 2025 and the entire salary for April 2025,
setting a 15-day time limit to remedy the default.
5.
On 4 June 2025, the Player emailed the Club confirming that, based on their discussions,
he would be entitled to his June 2025 salary as final compensation, along with a return
flight ticket.
6.
On 5 June 2025, the Club wrote an email to the Player, informing him that it had taken note
of the Player’s “termination of the contract effective 30 June 2025” and his “request concerning
travel and payment arrangements.” The Club stated that the Player’s return to training was
no longer required, and that he would be paid the salaries as from March (residual part),
until June 2025 (inclusive), as well as a reimbursement of his flight ticket to return to Nigeria.
7.
On the same day, the Player sent an email to the Club, informing the latter that he had
taken note of the “club’s decision regarding [the Player’s] non-return to training”, and that he
accepted this decision as the “contract is set to expire on June 30th, 2025”. The Player, thus,
requested the remainder of his salaries as from March 2025, pursuant to his previous
default notice, until the end of June 2025, totalling EUR 19,193, granting no specific deadline
for such payment.
8.
On the same say still, the Player allegedly sent the Club a proof of payment of EUR 853.33
regarding his flight ticket to return to Nigeria.
9.
On 11 June 2025, the Player sent the Club another e-mail, whereby he requested immediate
payment of his outstanding salary and flight ticket reimbursement. He argues that, despite
prior communications and a 15-day notice, the funds had not been transferred to his
account.
pg. 3
REF. FPSD-19663
10. Lastly, on 16 June 2025, the Player sent “final reminder” to the Club, granting a further 3day deadline for the payment of the outstanding amounts.
II. Proceedings before FIFA
11. On 19 June 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 requested overdue payables based on the Contract and the Additional
Agreement.
13. In particular, the Player argued that the Club failed to pay part of his salary for March 2025,
as well as the full salaries between April 2025 and June 2025, despite having been put in
default and acknowledged that they are due in writing.
14. Equally, the Player requested the reimbursement of his flight ticket to return home, in the
amount of EUR 853 (after conversion).
15. The Claimant invoked the principle of pacta sunt servanda and submitted the following
request for relief:
“The Claimant respectfully urges the DRC to award the Claimant the underlisted reliefs in
the present dispute: The breakdown of the Claimant’s relief is as follows:
•
Outstanding salary for the month of March 2025 (€3,340) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of April 2025 (€5,150) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of May 2025 (€5,150) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of June 2025 (€5,150) plus 5% interest Per
Annum as from the due date of payment.
•
The sum of €853 (Eight Hundred and Fifty Three Euros) which is the amount of
the Flight Ticket from Chisinau to Nigeria.
•
Issuance of a proposal as it is a case without complex issues, the facts are not
disputed and an overdue payable under Article 12bis of the RSTP.”
pg. 4
REF. FPSD-19663
b. Reply of the Club
16. In its reply, the Club submitted a proof of payment for the amount of EUR 2,108.47, dated
11 July 2025, arguing that this absolved its debts towards the Player.
17. The Club argued generically that the calculations in the statement of claim were
“inconsistent with the factual record” and did not “reflect the actual payments made”.
18. The Club made no further substantive arguments and ultimately requested the claim to be
rejected.
c. Additional comments of the Player
19. At the request of the FIFA General Secretariat, the Player submitted his comments on the
purported payment made by the Club.
20. The Player argued that this amount was not only incongruent with the request of relief and
the amounts in dispute, but further, that it was paid late (i.e., after these proceedings had
already started). Nonetheless, the Player did not argue that the amount was not received.
21. Lastly, the Player argued that the Club did not substantiate its claim that the calculations
in the statement of claim were inaccurate.
22. In conclusion, the Player reiterated his request for relief.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
23. 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 19 June 2025 and submitted for
decision on 30 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.
24. 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,
pg. 5
REF. FPSD-19663
which concerns an employment-related dispute with an international dimension between
an Nigerian player and a Moldovan club.
25. 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
26. 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
27. 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.
i. Main legal discussion and considerations
28. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim of a player against a club for outstanding remuneration.
29. The Single Judge observed that according to the Player, the Club failed to remit a total
amount of EUR 19,643, corresponding to residual salaries (EUR 18,790) and the
reimbursement of a flight ticket (EUR 853).
30. On the other hand, the Club adduced a proof of payment of a fraction of the amount
requested, namely EUR 2,108.47, not challenging the remaining alleged non-payments.
31. In this context, the Single Judge considered that his task was to determine whether the
Player was entitled to the amounts claimed and, if so, to what extent.
32. Accordingly, the Single Judge first recalled that the amounts at stake are contractually
guaranteed payments, and therefore not subject to any further evidence to corroborate
pg. 6
REF. FPSD-19663
the Player’s entitlement. The Single Judge further noted that the Club did not specifically
contest the conversion rate applied by the Player by calculating his overall monthly
remuneration, which he decided to apply.
33. Similarly, the Single Judge observed that the Player demonstrated that he incurred costs
amounting to TRY 38,343.36 (i.e., approx. EUR 853 at the time of payment) for his flight
ticket to return home and, more significantly, that the Club had expressly acknowledged
its obligation to reimburse such costs, as well as it failed to dispute the conversion made
by the Player.
34. As a result of the above, in particular considering that the claimed amounts were (i)
contractually guaranteed, (ii) expressly acknowledged by the Club in the correspondence
sent to the Player while the Contract was still in force, and (iii) undisputed by the Club, the
Single Judge decided that the Player should in principle be entitled to full amount claimed.
35. Notwithstanding the foregoing, the Single Judge further noted that the Player did not
specifically refute but seemingly confirmed receipt of the payment effected by the Club on
11 July 2025. Accordingly, the Single Judge determined that this amount should be credited
against the oldest outstanding debt owed by the Club, namely the salary for March 2025.
36. Consequently, the Single Judge ruled that the Player is entitled to receive the total amount
of EUR 16,681.53 in outstanding salaries (i.e., EUR 18,790 minus EUR 2,108.47), together
with interest at a rate of 5% p.a., calculated as follows:
-
On the amount of EUR 1,231.53, as from 1 April 2025;
On the amount of EUR 5,150, as from 1 May 2025;
On the amount of EUR 5,150, as from 1 June 2025; and
On the amount of EUR 5,150, as from 1 July 2025.
37. The Single Judge further awarded the Player the amount of EUR 853 as reimbursement for
his flight ticket, pursuant to the conversion submitted by the Player and not disputed by
the Club. However, no interest was granted on this sum, as such interest had not been
claimed (ne ultra petita).
ii. Compliance with monetary decisions
38. 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.
39. 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
pg. 7
REF. FPSD-19663
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.
40. 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.
41. 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.
42. 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
43. 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.
44. 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.
45. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-19663
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Gabriel Obekpa, is partially accepted.
2.
The Respondent, Football Club Zimbru Chisinau, must pay to the Claimant the following
amount(s):
- EUR 16,681.52 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 1,231.52 as from 1 April 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 5,150 as from 1 May 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 5,150 as from 1 June 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 5,150 as from 1 July 2025 until the date of
effective payment.
- EUR 853 as reimbursement for flight tickets.
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. 9
REF. FPSD-19663
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-19663
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. 11