Labour Disputes
Texto da decisão
REF. FPSD-20368
Decision of the
Dispute Resolution Chamber
passed on 23 October 2025
regarding an employment-related dispute concerning the player
Xhuliano Skuka
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Stella MARIS JUNCOS (Argentina), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Xhuliano Skuka, France & Albania
Represented by Lorin Burba
RESPONDENT:
ACSM Politehnica Iași, Romania
pg. 2
REF. FPSD-20368
I. Facts of the case
1.
On 10 February 2025, the French and Albanian player Xhuliano Skuka (hereinafter, the
Player or the Claimant) and the Romanian club ACSM Politehnica Iași (hereinafter, the Club
or the Respondent) concluded an employment contract (hereinafter, the Contract) valid as
from 10 February 2025 until 10 June 2025.
2.
In accordance with Clause 4 lit. i) and ii) of the Contract, the Club undertook to pay the
Player (hereinafter, jointly referred to as the Parties) as follows:
i.
The Club shall pay to the Player a signing bonus in the amount of 35.000 (thirty-five
thousand) Lei net (the equivalent of 7.000 Euro net). The Payment will be made on
25.02.2025, at latest.
ii.
The Club undertakes to pay the Player for his professional services, for period February
10, 2025 – June 20, 2025, a monthly net amount of 36.500 (thirty-six thousand five
hundred) Lei net (the equivalent in Lei of the amount of 7.300 Euro net), to be paid at the
latest on 15 of the month, for services provided on previous month.
3.
On 28 July 2025, the Player put the Club in default, granting it a deadline of 10 days to pay
RON 109,500, the equivalent of EUR 21,900, corresponding to his monthly remuneration
for April and May 2025 in full, and 15 days of June 2025.
4.
On 6 August 2025, the Romanian national courts granted the Club’s request to initiate
insolvency proceedings.
II. Proceedings before FIFA
5.
On 15 August 2025, the Player filed the claim at hand before FIFA. A summary of the Parties’
respective positions is detailed below.
a. Claim of the Claimant
6.
In his claim, the Player asserted that the Club has only remitted the signing bonus and his
monthly remuneration for February and March 2025. Accordingly, the Player claimed that
the following amounts and concepts remain unpaid:
o EUR 7,300 for April 2025, which was due on 15 May 2025;
o EUR 7,300 for May 2025, which was due on 15 June 2025; and
o EUR 2,433.33 for 10 days of June 2025, which was due on 15 July 2025.
pg. 3
REF. FPSD-20368
7.
Based on the above, the Player requested the following relief:
1. The full acceptance of the claim.
2. The obligation of the Respondent, (…) to pay to the Claimant, (…) the overdue payables
of 17,033.33 € (seventeen thousand thirty-three euros and thirtythree cents) plus interest
of 5 % p.a. as follows:
- 5 % p.a. over the amount of 7,300 € (seven thousand three hundred euros) as from the
date 16 May 2025 until the effective payment by the Respondent;
- 5% p.a. over the amount of 7,300 € (seven thousand three hundred euros) as from the
date 16 June 2025 until the effective payment by the Respondent;
- 5 % p.a. over the amount of 2,433.33 € (two thousand four hundred thirty-three euros
and thirty-three cents) as from the date 16 July 2025 until the effective payment by the
Respondent.
3. The obligation of the Respondent, (…) to cover the procedural costs for the present
dispute (if any).
b. Reply of the Respondent
8.
On 8 September 2025, the Club submitted a reply to another claim, namely in the
proceedings FPSD-20296.
c. Information provided by the FRF
9.
On 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.
pg. 4
REF. FPSD-20368
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. 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 15 August 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.
11. 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 DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a French & Albanian
player and a Romanian club.
12. At this point, the Chamber noted that, although the Club failed to provide a reply to the
present claim, in its submission, the Club also brought forward the existence of ongoing
insolvency proceedings in its local jurisdiction. The Chamber further acknowledged that the
Club had informed about this in all cases submitted for decision during the same meeting.
13. In this regard, and for the sake of clarity and completeness, 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.
14. Accordingly, the Chamber ruled that the Club’s request to pause the proceedings based on
insolvency lacked regulatory basis and must be rejected. According to the Chamber, the
matter shall proceed in accordance with FIFA’s regulatory framework, without prejudice to
any future considerations regarding enforcement.
15. 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.
pg. 5
REF. FPSD-20368
b. Burden of proof
16. 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
17. 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
18. The Chamber then moved to the substance of the matter, and noted that it concerns a
claim filed by the Player against the Club for outstanding remuneration arising from the
Contract concluded between the Parties, namely, EUR 17,003.33 corresponding to the
remuneration for April and May 2025 in full, as well as for 10 days of June 2025.
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 Club 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 Club bore the burden of proving that
it indeed complied with the financial terms of the Contract concluded between the Parties.
21. However, the Chamber noted that the Club did not file a reply to the Player’s claim and did
not provide any evidence of compliance with the aforementioned financial terms.
22. 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 EUR 17,003.33 broken down as follows:
o EUR 7,300 as April 2025 salary;
o EUR 7,300 as May 2025 salary; and
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REF. FPSD-20368
o EUR 2,433.33 for 10 days of June 2025.
23. In addition, taking into consideration the Player’s request, Clause 4 lit. ii) 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:
o On the April 2025 salary, from 16 May 2025;
o On the May 2025 salary, from 16 June 2025; and
o On the June 2025 salary, from 16 July 2025.
ii. Art. 12bis of the Regulations
24. The Chamber then referred to art.12bis par. 2 of the Regulations, which stipulates that any
club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
25. To this end, the Chamber confirmed that the Player put the Club in default of payment of
the amounts sought, which had fallen due for more than 30 days, and granted the Club
with at least 10 days to cure such breach of contract.
26. Accordingly, the Chamber also confirmed that the Club had delayed a due payment without
a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations were met in the case at hand.
27. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the Club. The Chamber also highlighted
that a repeated offence will be considered as an aggravating circumstance and lead to
more severe penalty, in accordance with art. 12bis par. 6 of the Regulations.
28. On account of the above, and bearing in mind that the Club is a repeat offender, the
Chamber decided to impose a fine of USD 1,000 on the Club, in accordance with art. 12bis
par. 4 lit. c) of the Regulations.
iii. Compliance with monetary decisions
29. 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.
pg. 7
REF. FPSD-20368
30. 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.
31. 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.”
32. 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.
33. 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.
34. 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.
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.
35. 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 TMS, the Club was seemingly actively engaged in footballrelated operations, which further undermines the assertion that it was unable to make
payments due to insolvency.
pg. 8
REF. FPSD-20368
36. 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.
37. 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.
38. 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.
39. 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
40. 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.
41. 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.
42. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the Parties.
pg. 9
REF. FPSD-20368
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Xhuliano Skuka, is accepted.
2.
The Respondent, ACSM Politehnica Iași, must pay to the Claimant the following amount(s):
o EUR 17,033.33 as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 7,300 as from 16 May 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 7,300 as from 16 June 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of EUR 2,433.33 as from 16 July 2025 until the date of
effective payment.
3.
A fine in the amount of USD 1,000 is imposed on the Respondent, which must be paid to
FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-20368:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
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.
pg. 10
REF. FPSD-20368
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. 11
REF. FPSD-20368
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. 12