Labour Disputes
Texto da decisão
REF. FPSD-19835
Decision of the
Dispute Resolution Chamber
passed on 25 September 2025
regarding an employment-related dispute concerning the player
Fredrik Midtsjo
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Fredrik Midtsjo, Norway
Represented by Anil Dinçer
RESPONDENT:
Eyupspor, Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-19835
I. Facts of the case
1.
On an unspecified date, the Norwegian player Fredrik Midtsjo (hereinafter: the Claimant or
the Player) and the Turkish club Eyupspor (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid until 30 June 2025.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant EUR
70,000 net.
3.
On 1 July 2024, the Claimant and the Respondent concluded an additional agreement
(hereinafter: the Additional Protocol).
4.
According to the Additional Protocol, the Respondent undertook to pay the Claimant as
follows:
“[…] FOR 2024/2025 FOOTBALL SEASON:
The total advance payment to the Football Player for the 2024/2025 football season will be
2.202.000,-EUR (two million two hundred two thousand euros) NET (including 70.000, - EUR
specified in the TFF contract). Payments will be made on the dates listed as follow;
-352.000, -EUR will be paid on 12 July 2024
-670.000, -EUR will be paid on 1 September 2024
-555.000, -EUR will be paid on 31 January 2025
-555.000, -EUR will be paid on 30 June 2025
[…]
All payments under this contract are NET payments and will not be reduced by any tax or other
amounts. For the sake of clarity, the club is fully responsible for any kind of tax borne in Turkey
and including the income tax of the Player arising from this Protocol. For the sake of the clarity,
the Club will pay all tax amounts (including his income tax arising from this Protocol) to the
Player in 30 days after the Player makes tax declaration and submit his declaration documents
to the Club. The Club will be also responsible for all other amounts in case of non-and/or late
payment of the Club regarding the Player's tax liability. The Club is also responsible for all taxes
regarding all payments made to the Player by band, as cash and/or any other way. […]”
5.
On 27 March 2025, the Claimant sent the following correspondence to the Respondent:
“[…] According to the the [sic] Employment Contract and the Protocol, regarding 2024/25
football season, your Club committed to pay Mr. Midtsjo following remunerations:
Employment Contract:
- 70.000.-EUR net on 01.09.2024
pg. 3
REF. FPSD-19835
Protocol:
- 352.000.-EUR net on 12.07.2024
- 670.000.-EUR net on 01.09.2024
- 555.000.-EUR net on 31.01.2025
- 555.000.-EUR net on 30.06.2025
As of today, the total overdue amount is 1.647.000.-EUR net. However, the Club has only paid
476.000.- EUR. For this reason, in a total of 1.171.000.-EUR net is unpaid and well overdue.
All overdue and unpaid remuneration together with the interest should be immediately paid to
Mr. Midtsjo. Otherwise, your Club will cause a breach of contract.
As you may know, according to the Article 14bis of the Regulations on the Status and Transfer
of the Players, ‘‘In the case of a club unlawfully failing to pay a player at least two monthly
salaries on their due dates, the player will be deemed to have a just cause to terminate his
contract, provided that he has put the debtor club in default in writing and has granted a
deadline of at least 15 days for the debtor club to fully comply with its financial obligation(s)’’.
Therefore, your Club must comply with its financial obligations within 15 days following the
receipt of this letter by e-mail.
Consequently, as reserving all our rights and additional requests, we kindly request your Club to
pay the whole overdue and unpaid receivables (total of 1.171.000.-EUR net) together with the
interest to Mr. Midtsjo in given deadline above.
We hereby notify your Club that Mr. Midtsjo reserves his right to unilaterally terminate the
Employment Contract with starting date of 01.08.2024 and ending date of 30.06.2025 together
with the Protocol dated 01.07.2024 and request for remaining amounts of the Employment
Agreement and the Protocol, compensation for early termination of the contract, additional
compensation for estimated sportive and financial damages from your Club and imposing
sanction towards your Club, in case your Club fails to pay the whole abovementioned payments
with interest within 15 days following the receipt of this letter by e-mail. […]”
6.
On 3 April 2025, the Respondent answered the Claimant’s correspondence as follows:
“The amounts you have stated in the warning letter dated March 27, 2025 do not reflect the
truth and it is seen that you are claiming more receivables. It appears that our Club has paid
526.000-EUR to the Player until this time and the outstanding receivables of the Player have
been calculated incorrectly. Therefore, we respectfully request you to review your related
outstanding receivable account again. […]”
pg. 4
REF. FPSD-19835
7.
On 4 April 2025, the Claimant answered the Respondent’s correspondence as follows:
“[…] We hereby correct our client's total overdue and unpaid receivables as in a total amount of
1.121.000.-EUR, not 1.171 .000.-EUR. (50.000.-EUR difference)
Therefore, we are requesting your Club to fully pay the total amount of 1.121.000.-EUR in
accordance with the deadline given in our termination warning letter dated 27.03.2025.
Otherwise, in case of non-payment of the total requested amount in given deadline, we will have
nothing to do than unilaterally terminating all contracts and protocols with just cause and
requesting all remaining remuneration, as well as all financial damages. […]”
II. Proceedings before FIFA
8.
On 8 July 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
9.
In his claim, the Claimant argued that his outstanding remuneration under the Additional
Protocol amounts to EUR 1,126,000.
10. Considering the foregoing, the Claimant’s requests for relief were the following:
“1. To accept the claims of the Player Fredrik Midtsjo.
2. To condemn the Respondent to pay in favour of the Claimant the total unpaid and overdue
receivables of 1.126.000.-EUR along with the interest rate of 5% p.a. starting from due dates
below:
• 16.000.-EUR from 01.09.2024
• 555.000.-EUR from 31.01.2025
• 555.000.-EUR from 30.06.2025
3. to establish that the costs of the present arbitration procedure shall be borne by the
Respondent.”
b. Position of the Respondent
11. In its reply, the Respondent argued that it has fulfilled its financial obligations towards the
Claimant.
pg. 5
REF. FPSD-19835
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 8 July 2025 and submitted for decision on 25
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.
13. 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), it is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between an Norwegian player and a
Turkish club.
14. 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
15. 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
16. 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. 6
REF. FPSD-19835
i. Main legal discussion and considerations
17. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Additional Protocol, namely EUR 1,126,000.
18. In particular, the Chamber noted that, according to the Claimant, his outstanding
remuneration under the Additional Protocol consists of the balance of the second
instalment in the amount of EUR 16,000, as well as the third and fourth instalments in the
amount of EUR 555,000 each.
19. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
20. The Chamber first noted that, in the case at hand, the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Additional Protocol
concluded between the parties.
21. Nonetheless, the Chamber observed that the Respondent failed to provide any evidence
to prove the payment of the amounts claimed as outstanding by the Claimant. In addition,
the Chamber pointed out that no reasonable justification was presented by the
Respondent for not having complied with the terms of the Additional Protocol.
22. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Chamber decided that the Respondent is held liable to pay the Claimant the
outstanding amounts deriving from the Additional Protocol concluded between the parties,
namely EUR 1,126,000.
23. In addition, taking into consideration the Claimant’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 follows:
•
5% interest p.a. on EUR 16,000 as from 2 September 2024 until the date of
effective payment;
•
5% interest p.a. on EUR 555,000 as from 1 February 2025 until the date of
effective payment; and
•
5% interest p.a. on EUR 555,000 as from 1 July 2025 until the date of effective
payment.
pg. 7
REF. FPSD-19835
ii. Compliance with monetary decisions
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
29. 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.
30. 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.
31. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 8
REF. FPSD-19835
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Fredrik Midtsjo, is partially accepted.
2.
The Respondent, Eyupspor, must pay to the Claimant the following amounts:
- EUR 16,000 as outstanding remuneration plus 5% interest p.a. as from 2 September
2024 until the date of effective payment;
- EUR 555,000 as outstanding remuneration plus 5% interest p.a. as from 1 February 2025
until the date of effective payment; and
- EUR 555,000 as outstanding remuneration 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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 9
REF. FPSD-19835
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. 10