Labour Disputes
Texto da decisão
REF. FPSD-20026
Decision of the
Dispute Resolution Chamber
passed on 23 October 2025
regarding an employment-related dispute concerning the player Claudio
Moreira Silva
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Stella MARIS JUNCOS (Argentina), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Claudio Moreira Silva, Portugal
Represented by Nuno Barbosa
RESPONDENT:
ACSM Politehnica Iasi, Romania
pg. 2
REF. FPSD-20026
I. Facts of the case
1.
On 17 June 2024, the Portuguese player, Claudio Moreira Silva (hereinafter: the Player or
the Claimant), and the Romanian club, ACSM Politehnica Iasi (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid from the
date of signature until 30 June 2025.
2.
Article 4 (i) of the Contract provided the following (quoted verbatim):
“The Club undertakes to pay the Player for his professional services for period June 17, 2024
– June 30, 2026, a monthly net amount of 36.135 (thirty-six thousand one hundred thirty-five)
Lei (the equivalent of the amount of 7300 Eur net), to be paid at the latest on 15 of the month,
for services provided on previous month.”
3.
Article 13 (vi) of the Contract reads as follows (quoted verbatim):
“The Player and The Club mutually agree that on 30.06.2025 the contract will be automatically
terminated if the Club will relegate from Romanian First League of Football at the end of the
season 2024-2025. In this case the Club will pay to the player, on 15.07.2025 at latest, any
outstanding debts due according to the contract until 30.06.2025 and the termination will be
made automatically, without any notification and without intervention of any court of
competent jurisdiction.”
4.
At the end of the 2024/25 season, the Club was relegated to the Second Division of
Romania.
5.
On 8 July 2025, the Club issued a termination notice to the Player acknowledging the
outstanding remuneration corresponding to the months of March, April, May and June
2025, in the total amount of RON 144,540 net.
6.
On 6 August 2025, the Romanian national courts granted the Club’s request to initiate
insolvency proceedings.
7.
On 11 August 2025, the Club informed the Player it had entered insolvency proceedings.
II. Proceedings before FIFA
8.
On 22 July 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
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REF. FPSD-20026
a. Position of the Player
9.
In his claim, the Player alleged that the amount of RON 144,540 net, corresponding to the
salaries of March to June 2025, remains outstanding.
10. The Player requested the following relief (quoted verbatim):
“the Claimant respectfully requests the Football Tribunal to:
1) Admit the present Claim filed by the Player, under articles 22.º, 1, and 23.º, 1, RSTP (January
2025 Edition) and article 18.º of the Procedural Rules Governing the Football Tribunal (January
2025 Edition);
2) Condemn the Respondent to pay the Claimant the amount of the amount of 144,540 Lei
net (equivalent to 29,200 Euro net), as overdue payables;
3) Condemn the Respondent to pay the Claimant interest at the rate of 5% per annum from
the due dates of all amounts described above until the day of effective payment;
4) Condemn the Respondent to bear all costs incurred with the present procedure;
5) Apply sanctions to the Respondent in case if it does not proceed with the full payment of
the amount due to the Claimant and interest upon the decision of the Football Tribunal, being
those sanctions a ban from registering any new players, either nationally or internationally,
up until the due amounts are paid (paragraph 24 of FIFA RSTP).”
b. Position of the Club
11. In its reply, the Club submitted that, on 6 August 2025, the national courts formally
admitted the Club’s request for opening of insolvency proceedings in accordance with the
corresponding Romanian Law.
12. The Club further asserted that, on 11 August 2025, the Player had been officially notified
of the above facts. It also emphasized that any payment orders were suspended.
13. As a result, the Club requested that “FIFA proceedings be immediately and unconditionally
suspended, in compliance with the legal effects arising from the opening of insolvency
proceedings under Romanian law, duly notified to the parties as of 11 August 2025.”
c. Player’s comments regarding insolvency
14. On 9 September 2025, the FIFA General Secretariat acknowledged receipt of the Club’s
comments regarding the opening of insolvency proceedings and denied the Club’s request
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REF. FPSD-20026
for suspension of the FIFA proceedings. For the sake of good procedural order, the FIFA
General Secretariat also invited the Player to comment on this issue, if he wished to do so.
15. On 11 September 2025, the Player informed that on 10 September 2025 he prudently
submitted his claim for admission in the Romanian insolvency proceeding but that that this
administrative step does not alter his position that FIFA should retain jurisdiction to this
dispute.
d. Information provided by the FRF
16. In parallel, on 8 September 2025, at the request of the FIFA General Secretariat, the
Romanian Football Federation (FRF) confirmed that the Club is still affiliated with the FRF
and participates in competitions organised under its auspices.
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REF. FPSD-20026
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. 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 22 July 2025 and submitted for decision on
23 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.
18. 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
a Portuguese player and a Romanian club.
19. At this point, the Chamber noted that the Club had requested a suspension of the present
proceedings, citing the existence of ongoing insolvency proceedings in its local jurisdiction.
20. While the Chamber recognized that the initiation of insolvency proceedings may have
implications for the enforcement of financial decisions, the Chamber also established that
these proceedings do not, in and of themselves, preclude FIFA’s jurisdiction to adjudicate
the matter or the admissibility of the claim. In this regard, the Chamber found it particularly
relevant that the Club remains affiliated with its national association, the FRF, and
continued to actively participate in competitions organized under its auspices.
21. Accordingly, the Chamber ruled that the Club’s request to pause the proceedings based on
insolvency lacked regulatory basis and should be rejected. According to the Chamber, the
matter should proceed in accordance with FIFA’s regulatory framework, without prejudice
to any future considerations regarding enforcement.
22. In addition to the above, 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
23. 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
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REF. FPSD-20026
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
24. 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
25. The Chamber then moved to the substance of the matter, and took note of the fact that it
concerned a claim for outstanding remuneration lodged by a player against a club arising
from an employment contract concluded between the parties.
26. 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 Club and, if so, whether the latter had a valid justification for not having
complied with its financial obligations.
27. The Chamber first noted that in the case at hand the Club bore the burden of proving that
it indeed complied with the financial terms of the Contract.
28. However, the Chamber noted that the Club did not contest that the payments claimed were
outstanding and failed to provide any evidence of compliance with the aforementioned
financial terms.
29. Consequently, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay the Player the amounts claimed as
outstanding under the Contract, totalling RON 144,540 net, corresponding to the salaries
of March, April, May and June 2025.
30. In addition, taking into consideration the Player’s request, article 4 (i) of the Contract, and
the constant practice of the Football Tribunal in this regard, the DRC decided to award the
Player interest at the rate of 5% per annum on the outstanding amounts as from the day
following the respective payment dates, as follows:
-
On the March 2025 salary, as from 16 April 2025;
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REF. FPSD-20026
-
On the April 2025 salary, as from 16 May 2025;
-
On the May 2025 salary, as from 16 June 2025;
-
On the June 2025 salary, as from 30 June 2025.
ii. Compliance with monetary decisions
31. 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.
32. 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.
33. The Chamber further recalled that art. 24 par. 3 lit b) of the Regulations establishes:
“Such consequences may be excluded where the Football Tribunal has:
[…]
b) been informed that the debtor club was subject to an insolvency-related event
pursuant to the relevant national law and is legally unable to comply with an order.”
34. In view of the foregoing, the Chamber considered that two cumulative conditions should
be satisfied for a debtor club to benefit from the exemption provided under art. 24 par. 3
of the Regulations, namely: (i) the debtor club must be subject to an insolvency-related
event under the applicable national legislation; and (ii) it must be legally prevented from
complying with the relevant payment order.
35. In this context, the Chamber carefully examined the documentation submitted by the Club,
which includes: (i) a copy of the decision issued by the competent Romanian court initiating
insolvency proceedings against the Club; (ii) evidence of notification of said proceedings to
the Player; and (iii) references to the Romanian Law no. 85/2014, seemingly governing
insolvency matters.
36. The Chamber then noted that the Club had successfully demonstrated the initiation of
insolvency proceedings in Romania, thereby satisfying the first condition under art. 24 par.
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REF. FPSD-20026
3 of the Regulations. However, the DRC considered that the second condition – i.e., the
legal impossibility to comply with the payment order – remained unfulfilled.
37. Specifically, the Chamber pointed out that the decision of the Romanian court confirmed
the opening of general insolvency proceedings and instructed the Club to undertake
further steps, including the convening of a creditors’ assembly. However, the DRC found
no indication that this decision contained any express provision prohibiting the Club from
making payments and the Chamber was also unconvinced that this interpretation was
unconditional vis-à-vis Romanian national law. In the absence of a clear legal impediment,
the Chamber found that it could not be concluded that the Club was legally barred from
fulfilling its financial obligations. On the contrary, the Chamber found it telling that, based
on the information available in the TMS, the Club was seemingly actively engaged in
football-related operations, which further undermines the assertion that it was unable to
make payments due to insolvency.
38. Furthermore, the Chamber emphasized that the Club had failed to provide any evidence
indicating that either the judicial administrator or the competent court had issued an
enforceable order explicitly prohibiting payment of the debt in question. In the absence of
such evidence and considering the international employment-related nature of the credit,
the Chamber decided that the Club failed to demonstrate that it was legally incapable of
complying with the payment order as required under art. 24 par. 3 of the Regulations.
39. Therefore, bearing in mind the above, the DRC 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.
40. 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.
41. 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
42. 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.
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REF. FPSD-20026
43. 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.
44. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-20026
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Claudio Moreira Silva, is accepted.
2.
The Respondent, ACSM Politehnica Iasi, must pay to the Claimant the following amount(s):
- RON 144,540 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of RON 36,135 net as from 16 April 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of RON 36,135 net as from 16 May 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of RON 36,135 net as from 16 June 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of RON 36,135 net as from 30 June 2025 until the date
of effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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.
5.
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.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-20026
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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