Labour Disputes
Texto da decisão
REF. FPSD-19869
Decision of the
Dispute Resolution Chamber
passed on 30 October 2025
regarding an employment-related dispute concerning the player
Koffi Constant Kouame
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Jorge GUTIÉRREZ (Costa Rica), Member
Khadija TIMERA (Senegal), Member
CLAIMANT:
Koffi Constant Kouame, Ivory Coast
Represented by Breno Costa Ramos Tannuri
RESPONDENT:
Club Sportif Sfaxien, Tunisia
pg. 2
REF. FPSD-19869
I. Facts of the case
1.
On 18 July 2023, the player from Ivory Coast Koffi Constant Kouame (hereinafter: the
Claimant or the Player) and the club from Tunisia Club Sportif Sfaxien (hereinafter: the
Respondent or the Club) concluded an employment contract (hereinafter: the Contract) valid
as from its date signature until 30 June 2026.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows:
« Saison sportive 2023/2024
Le joueur percevra :
- Un Salaire mensuel de 8000 Dinar Tunisien.
- Une prime de rendement fixée d’un commun accord entre les deux parties et dont la base est
de 80.000 dinar tunisien, attribuée relativement au nombre de matchs officiels auxquels le
joueur participera avec l’équipe première. La somme due au titre de la prime de rendement est
calculée et payable au joueur selon les modalités exigées par les règlements de la Fédération
Tunisienne de Football. Une avance sur cette prime de rendement, équivalente à 25000 Dinar
Tunisien, sera payée au joueur dans un délai maximum correspondant au 31/07/2023, sous
réserve de qualification définitive du joueur et obtention de son CIT. Cette avance sera déduite
de la somme totale due au titre de prime de rendement en fin de saison.
Prime de rendement = montant de la prime de rendement de base / nombre total de matchs de
l’équipe première (x) nombre de matchs joués par le joueur avec l’équipe première).
Saison sportive 2024/2025
Le joueur percevra :
- Un Salaire mensuel de 9000 Dinar Tunisien.
- Une prime de rendement fixée d’un commun accord entre les deux parties et dont la base est
de 90.000 dinar tunisien, attribuée relativement au nombre de matchs officiels auxquels le
joueur participera avec l’équipe première. La somme due au titre de la prime de rendement est
calculée et payable au joueur selon les modalités exigées par les règlements de la Fédération
Tunisienne de Football.
Prime de rendement = montant de la prime de rendement de base / nombre total de matchs de
l’équipe première (x) nombre de matchs joués par le joueur avec l’équipe première).
Saison sportive 2025/2026
Le joueur percevra :
pg. 3
REF. FPSD-19869
- Un Salaire mensuel de 10.000 Dinar Tunisien.
- Une prime de rendement fixée d’un commun accord entre les deux parties et dont la base est
de 100.000 dinar tunisien, attribuée relativement au nombre de matchs officiels auxquels le
joueur participera avec l’équipe première. La somme due au titre de la prime de rendement est
calculée et payable au joueur selon les modalités exigées par les règlements de la Fédération
Tunisienne de Football.
Prime de rendement = montant de la prime de rendement de base / nombre total de matchs de
l’équipe première (x) nombre de matchs joués par le joueur avec l’équipe première). »
(Freely translated into English)
“2023/2024 sporting season
The player will receive:
- A monthly salary of 8,000 Tunisian dinars.
- A performance bonus agreed upon by both parties, based on 80,000 Tunisian dinars, awarded
in relation to the number of official matches the player participates in with the first team. The
amount due as a performance bonus is calculated and payable to the player in accordance with
the terms and conditions required by the regulations of the Tunisian Football Federation. An
advance on this performance bonus, equivalent to 25,000 Tunisian dinars, shall be paid to the
player by 31/07/2023 at the latest, subject to the player's definitive qualification and obtaining
his CIT. This advance shall be deducted from the total amount due as a performance bonus at
the end of the season.
Performance bonus = amount of the basic performance bonus / total number of first team
matches (x) number of matches played by the player with the first team).
2024/2025 sporting season
The player will receive:
- A monthly salary of 9,000 Tunisian dinars.
- A performance bonus agreed upon by both parties, based on 90,000 Tunisian dinars, awarded
in relation to the number of official matches the player participates in with the first team. The
amount due as a performance bonus is calculated and payable to the player in accordance with
the terms and conditions required by the regulations of the Tunisian Football Federation.
Performance bonus = amount of the basic performance bonus / total number of first team
matches (x) number of matches played by the player with the first team).
2025/2026 sporting season
pg. 4
REF. FPSD-19869
The player will receive:
- A monthly salary of 10,000 Tunisian dinars.
- A performance bonus agreed upon by both parties, based on 100,000 Tunisian dinars, awarded
in relation to the number of official matches the player participates in with the first team. The
amount due as a performance bonus is calculated and payable to the player in accordance with
the terms and conditions required by the regulations of the Tunisian Football Federation.
Performance bonus = amount of the basic performance bonus / total number of first team
matches (x) number of matches played by the player with the first team).”
3.
In addition, article 11 of the Contract stipulated the following:
« En cas de retard de paiement, les parties et plus particulièrement le joueur accepte et
reconnait conventionnellement irrévocablement et sans réserve qu’en cas ou [sic] le défaut de
paiement ayant atteint les deux mois de retard, le joueur reconnait devoir impérativement
avertir par lettre recommandée avec accusé de réception le club de cet incident et de lui accorder
une [sic] délai de quinze jours pour régulariser la situation avant de procéder à une notification
d’une quelconque rupture unilatérale avec ou sans juste cause.
Cette condition de forme est assortie d’une clause pénale dont le joueur devra s’acquitter en cas
d’inobservation ou de non-respect de cette obligation et qui serait équivalente à deux mois de
salaire. Il est bien entendu que le retard de paiement ne devra intervenir qu’à titre exceptionnel
et occasionnellement et le club devra exécuter le contrat de bonne foi. »
(Freely translated into English)
“In the event of late payment, the parties, and more specifically the player, irrevocably and
unreservedly agree and acknowledge that if the payment is two months overdue, the player
agrees to notify the club of this incident by registered letter with acknowledgement of receipt
and to grant the club a period of fifteen days to rectify the situation before proceeding with any
unilateral termination with or without just cause.
This condition is accompanied by a penalty clause which the player will have to pay in the event
of non-compliance or failure to comply with this obligation, equivalent to two months' salary. It
is understood that late payment should only occur on an exceptional and occasional basis and
that the club must perform the contract in good faith.”
4.
On 5 May 2025, the Claimant put the Respondent in default and requested payment within
15 days of TND 105,000, corresponding to the balance of the performance bonus for the
2023/2024 season in the amount of TND 60,000, as well as the monthly salaries from
December 2024 to April 2025 amounting to TND 45,000.
pg. 5
REF. FPSD-19869
5.
On 20 May 2025, the Respondent answered the Claimant’s default notice dated 5 May 2025
as follows:
« Nous accusons réception de votre correspondance datée du 5 mai 2025, relative aux
prétentions formulées par le joueur Kouame Koffi Constant à l'encontre du Club Sportif Sfaxien.
Nous tenons à souligner que notre club respecte ses engagements contractuels envers
l'ensemble de ses joueurs, et que les difficultés rencontrées à ce jour relèvent d'une situation
financière conjoncturelle que nous nous efforçons de gérer dans le respect des textes
réglementaires en vigueur.
1. Sur la prime de rendement réclamée
Le joueur réclame un montant de 60.000 Dinars Tunisiens au titre de la prime de rendement de
la saison 2023/2024. Or, cette demande ne correspond pas aux dispositions contractuelles
applicables. En effet, l'article 6 du contrat signé stipule clairement que :
*« Le joueur percevra une prime de rendement fixée d'un commun accord entre les deux parties
et dont la base est de 80.000 dinars tunisiens, attribuée relativement au nombre de matchs
officiels auxquels le joueur participera avec l'équipe première.
Prime de rendement = (Montant de la p1ime de base + Nombre total de matchs de l'équipe
première) x Nombre de matchs joués par le joueur. »*
Le même article prévoit également le versement d'une avance de 25.000 DT, conditionnée par
l'obtention du CIT. Or, le joueur a lui-même reconnu avoir perçu un montant de 20.000 DT à ce
titre. Ce montant sera naturellement déduit du montant final de la prime de rendement qui sera
calculé sur la base effective des matchs disputés par le joueur avec l'équipe première.
2. Sur les salaires mensuels réclamés
Nous contestons le montant global avancé par le joueur. Celui-ci a bien reçu plusieurs
versements au titre des mois mentionnés. Nos services financiers sont en train d'établir un état
comptable définitif, que nous sommes prêts à communiquer, accompagné des pièces
justificatives.
3. Sur le cadre juridique applicable
Nous réfutons l'existence d'un juste motif de résiliation anticipée tel que prévu par les articles
14 et 14bis du Règlement sur le Statut et le Transfert des Joueurs (RSTJ) de la FIFA.
Le joueur n'a jamais été écarté du groupe, ni empêché d'exercer ses fonctions professionnelles
au sein de l'équipe.
pg. 6
REF. FPSD-19869
Le club manifeste sa volonté de traiter ce dossier de manière constructive et dans un esprit de
conciliation.
4. Sur la situation actuelle
Nous précisons enfin que le montant exact des créances dues est d'ores et déjà disponible
auprès de l'administration du Club. Le joueur est invité à se présenter dans les plus brefs délais
afin de percevoir le solde net de ses droits, tel que calculé conformément aux clauses
contractuelles précitées. […] »
(Freely translated into English)
“[…] We acknowledge receipt of your letter dated 5 May 2025 concerning the claims made by
player Kouame Koffi Constant against Club Sportif Sfaxien.
We would like to emphasise that our club honours its contractual commitments to all its players
and that the difficulties encountered to date are due to a temporary financial situation that we
are endeavouring to manage in accordance with the regulations in force.
1. Regarding the performance bonus claimed
The player is claiming an amount of 60,000 Tunisian dinars as a performance bonus for the
2023/2024 season. However, this claim does not comply with the applicable contractual
provisions. Article 6 of the signed contract clearly states that:
*"The player shall receive a performance bonus agreed upon by both parties, based on 80,000
Tunisian dinars, allocated in proportion to the number of official matches in which the player
participates with the first team.
Performance bonus = (Basic bonus amount + Total number of first team matches) x Number of
matches played by the player.”*
The same article also provides for the payment of an advance of 25,000 DT, conditional on
obtaining the CIT.
However, the player himself acknowledged having received an amount of 20,000 DT for this
purpose. This amount will naturally be deducted from the final amount of the performance
bonus, which will be calculated on the basis of the actual number of matches played by the
player with the first team.
2. Regarding the monthly salaries claimed
pg. 7
REF. FPSD-19869
We dispute the total amount claimed by the player. The player did receive several payments for
the months mentioned. Our financial services are currently preparing a final statement of
account, which we are ready to provide, accompanied by supporting documents.
3. Regarding the applicable legal framework
We refute the existence of just cause for early termination as provided for in Articles 14 and
14bis of the FIFA Regulations on the Status and Transfer of Players (RSTP). The player was never
excluded from the squad or prevented from performing his professional duties within the team.
The club expresses its willingness to deal with this matter constructively and in a spirit of
conciliation.
4. On the current situation
Finally, we would like to point out that the exact amount of the debts owed is already available
from the club's administration. The player is invited to come forward as soon as possible to
collect the net balance of his entitlements, as calculated in accordance with the aforementioned
contractual clauses. […]”
6.
On 21 May 2025, the Claimant unilaterally terminated the Contract.
7.
On an unspecified date, the Player signed an employment contract with the Iraqi club Nafit
Mesan Football Club valid as from 15 July 2025 until 1 July 2026.
8.
The Player will be remunerated USD 100,000 for the entire duration of his employment
contract with Nafit Mesan Football Club.
II. Proceedings before FIFA
9.
On 11 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
10. The Claimant stated that he terminated the Contract with just cause due to outstanding
remuneration.
11. In his claim, the Player argued that on 21 May 2025, his outstanding remuneration under
the Contract amounted to TND 77,749.77, i.e., TND 36,000 as the monthly salaries from
January to April 2025, TND 6,096.77 as the pro-rata monthly salary for May 2025 and TND
35,653 as the performance bonus for the 2023/2024 season.
pg. 8
REF. FPSD-19869
12. With respect to the performance bonus for the 2023/2024 season, the Player stated that
he played in 16 out of 23 official matches of the Club, entitling him to TND 35,653, taking
into account the Club’s payment of TND 20,000.
13. As to the performance bonus for the 2024/2025 season, the Player stated that he played
in 27 out of 40 official matches of the Club, allegedly entitling him to TND 67,750.
14. Lastly, the Player argued that it is reasonable to believe, taking into account his average of
matches played in the 2023/2024 and 2024/2025 seasons, that he was going to attend at
least 68% of the matches in the 2025/2026 season. Accordingly, the Player stated that he
is entitled to TND 65,217 as performance bonus for the 2025/2026 season.
15. The Claimant’s requests for relief were the following:
“FIRST – To accept and uphold the present Claim;
SECOND – To confirm that the Player terminated the Employment Contract with just cause;
THIRD – To order the Club to pay to the Player the total amount of DT 9,000 (nine thousand
Tunisian dinars) as outstanding salary for the month of January 2025, plus default interest at
the applicable rate of 5% (five percent) annually as from 1 February 2025 until the date of
effective payment;
FOURTH – To order the Club to pay to the Player the total amount of DT 9,000 (nine thousand
Tunisian dinars) as outstanding salary for the month of February 2025, plus default interest at
the applicable rate of 5% (five percent) annually as from 1 March 2025 until the date of effective
payment;
FIFTH – To order the Club to pay to the Player the total amount of DT 9,000 (nine thousand
Tunisian dinars) as outstanding salary for the month of March 2025, plus default interest at the
applicable rate of 5% (five percent) annually as from 1 April 2025 until the date of effective
payment;
SIXTH –To order the Club to pay to the Player the total amount of DT 9,000 (nine thousand
Tunisian dinars) as outstanding salary for the month of April 2025, plus default interest at the
applicable rate of 5% (five percent) annually as from 1 May 2025 until the date of effective
payment;
SEVENTH – To order the Club to pay to the Player the total amount of DT 6,096.77 (six thousand
ninety-six dinars and seventy-seven millimes) as outstanding pro rata salary for the month of
May 2025, plus default interest at the applicable rate of 5% (five percent) annually as from 22
May 2025 until the date of effective payment;
pg. 9
REF. FPSD-19869
EIGHTH – To order the Club to pay to the Player the total amount of DT 35,653 (thirty-five
thousand six hundred fifty-three Tunisian dinars) as outstanding performance bonus for the
2023–2024 season, plus default interest at the applicable rate of 5% (five percent) annually as
from 1 July 2024 until the date of effective payment;
NINTH – To order the Club to pay to the Player the total amount of DT 268,063 (two hundred
sixty-eight thousand sixty-three Tunisian dinars) as compensation for the unilateral termination
of the Employment Contract with just cause, plus default interest at the applicable rate of 5%
(five percent) annually as from 22 May 2025 until the date of effective payment;
TENTH – To open the proceedings regarding the present dispute and notify the Club immediately
(cf. Art. 21, par. 1 of the FIFA Procedural Rules); and
ELEVENTH – To confirm that the ongoing proceedings are free of costs.”
b. Position of the Respondent
16. In its reply, the Respondent argued that it has fulfilled its obligations towards the Claimant
in accordance with the Contract.
17. In addition, the Respondent argued that the Claimant breached the Contract by failing to
attend training sessions and matches without justification or authorization.
18. Considering the foregoing, it is the position of the Club that the Player terminated the
Contract without just cause and it requested accordingly the dismissal of his claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
19. 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 11 July 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.
20. 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 employment-
pg. 10
REF. FPSD-19869
related dispute with an international dimension between a player from Ivory Coast and a
club from Tunisia.
21. 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
22. 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
23. 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
24. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the justice of the early termination of the Contract by the
Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the Contract, in accordance with art. 14bis of the Regulations.
25. 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 formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
26. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails 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).
pg. 11
REF. FPSD-19869
27. In the present matter, the Chamber noted that, on 5 May 2025, the Claimant put the
Respondent in default and requested payment within 15 days of TND 105,000,
corresponding to the balance of the performance bonus for the season 2023/2024 in the
amount of TND 60,000, as well as the monthly salaries from December 2024 to April 2025
amounting to TND 45,000.
28. Furthermore, the Chamber noted that the Claimant has provided written evidence of
unilaterally terminating the Contract on 21 May 2025, i.e., at least 15 days after having put
the Respondent in default on 5 May 2025.
29. In continuation, the Chamber pointed out that, in the case at hand, the Respondent bore
the burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. 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.
30. Thus, the Chamber concluded that the Claimant had a just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations.
ii. Consequences
31. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
32. The Chamber observed that the Player’s outstanding remuneration at the time of
termination of the Contract, coupled with his specific requests for relief, is equivalent to
the performance bonus for the season 2023/2024, the monthly salaries from January to
May 2025 and the performance bonus for the season 2024/2025.
33. As a consequence, in accordance with the evidence on file, the position of the Claimant and
the general legal principle of pacta sunt servanda, the Chamber decided that the
Respondent is liable to pay the Claimant the following amounts which were outstanding
under the Contract at the moment of its termination:
•
TND 35,652.17 as the performance bonus for the season 2023/2024;
Performance bonus (i.e., 55,652.17) calculated as the amount of the basic
performance bonus (i.e., TND 80,000), divided by the total number of first team
matches (i.e., 23), multiplied by the number of matches played by the Player with
the first team (i.e., 16)
As acknowledged by the Player, the Club remitted him TND 20,000 for the
performance bonus for the season 2023/2024, thus he is entitled to TND 35,652.17.
pg. 12
REF. FPSD-19869
•
TND 45,000 as the monthly salaries from January to May 2025 (TND 9,000 multiplied
by 5 months); and
•
TND 60,750 as the performance bonus for the season 2024/2025.
Performance bonus (i.e., TND 60,750) calculated as the amount of the basic
performance bonus (i.e., TND 90,000), divided by the total number of first team
matches (i.e., 40), multiplied by the number of matches played by the Player with
the first team (i.e., 27)
34. 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:
•
On the amount of TND 35,652.17 as from 1 July 2024 until the date of effective
payment;
•
On the amount of TND 9,000 as from 1 February 2025 until the date of effective
payment;
•
On the amount of TND 9,000 as from 1 March 2025 until the date of effective
payment;
•
On the amount of TND 9,000 as from 1 April 2025 until the date of effective
payment;
•
On the amount of TND 9,000 as from 1 May 2025 until the date of effective payment;
and
•
On the amount of TND 69,750 as from 22 May 2025 until the date of effective
payment.
35. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Chamber
firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount
of compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
36. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
pg. 13
REF. FPSD-19869
contractual parties in the event of breach of contract. In this regard, the Chamber
established that article 11 of the Contract did not establish a compensation clause
providing for an amount due to the Player in the event he terminated the Contract with
just cause.
37. As a consequence, the Chamber determined that the amount of compensation payable by
the Club to the Player had to be assessed in application of the other parameters set out in
art. 17, par. 1 of the Regulations. In this respect, the Chamber recalled that, as a general
rule, the compensation to be paid to a player by a club shall be equal to the residual value
of the contract that was prematurely terminated, unless this player signed a new contract
following the termination of his previous contract (cf., art. 17 par. 1 lit. i) of the Regulations).
38. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. In this respect, the Chamber
noted, based on the information on the Transfer Matching System (TMS), that the
2024/2025 sporting season in Tunisia concluded on 30 June 2025, while the sporting
2025/2026 sporting season commenced on 1 July 2025 and ended on 30 June 2026.
Consequently, the Chamber concluded that the amount of TND 129,000 (i.e., TND 9,000 as
the monthly salary for June 2025 and TND 120,000 as the monthly salaries from July 2025
to June 2026) serves as the basis for the determination of the amount of compensation for
the breach of the Contract.
39. In continuation, the Chamber verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration
under a new employment contract shall be taken into account in the calculation of the
amount of compensation for breach of contract in connection with the general obligation
to mitigate his damages.
40. Indeed, the Player found employment with the Iraqi club Nafit Mesan Football Club valid
as from 15 July 2025 until 1 July 2026. In this regard, the Chamber noted that the Player will
be remunerated USD 100,000 for the entire duration of his employment contract with Nafit
Mesan Football Club. Therefore, the Chamber concluded that the Claimant mitigated his
damages in the total amount of USD 100,000, which corresponds to TND 299,735 on the
date of termination of the Contract.
41. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason, i.e., overdue payables by the Respondent and
therefore decided that the Claimant shall receive additional compensation.
pg. 14
REF. FPSD-19869
42. In this respect, the DRC decided to award the amount of additional compensation of TND
27,000, i.e., three times the monthly remuneration of the Player at the time of termination
of the Contract.
43. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
TND 27,000 to the Claimant (i.e., TND 129,000 minus TND 299,735 on the date of
termination of the Contract plus TND 27,000), which was to be considered a reasonable
and justified amount of compensation for breach of contract in the present matter.
44. Lastly, 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
on said compensation at the rate of 5% p.a. as of 22 May 2025 until the date of effective
payment.
iii. Compliance with monetary decisions
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
pg. 15
REF. FPSD-19869
d. Costs
50. 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.
51. 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.
52. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-19869
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Koffi Constant Kouame, is partially accepted.
2.
The Respondent, Club Sportif Sfaxien, must pay to the Claimant the following amounts:
- TND 141,402.17 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of TND 35,652.17 as from 1 July 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of TND 9,000 as from 1 February 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of TND 9,000 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of TND 9,000 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of TND 9,000 as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of TND 69,750 as from 22 May 2025 until the date of
effective payment.
- TND 27,000 as compensation for breach of contract plus 5% interest p.a. as from 22
May 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.
pg. 17
REF. FPSD-19869
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 18
REF. FPSD-19869
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. 19