Labour Disputes
Texto da decisão
REF. FPSD-20582
Decision of the
Dispute Resolution Chamber
passed on 16 October 2025
regarding an employment-related dispute concerning the Player Garry
Mendes Rodrigues
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Garry Mendes Rodrigues, Netherlands
Represented by Oktay Düzgün
RESPONDENT:
NET GLOBAL SIVASSPOR, Türkiye
pg. 2
REF. FPSD-20582
I. Facts of the case
1.
On 23 September 2024, the Dutch player player, Garry Mendes Rodrigues (hereinafter: the
Player or the Claimant), and the Turkish club, Net Global Sivasspor (hereinafter: the Club or
the Respondent) entered into an employment contract (hereinafter: the Contract) valid as
from 13 September 2024 until 30 June 2025.
2.
According to clause 3 of the Contract, the Player was entitled to receive the total amount
of EUR 500,000 net for the season 2024/2025 payable as follows:
25.10.2024
25.11.2024
25.12.2024
25.01.2025
25.02.2025
25.03.2025
25.04.2025
25.05.2025
25.06.2025
25.07.2025
3.
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
EUR 50,000
On 7 May 2025, the parties signed a protocol (hereinafter: the Agreement) according to
which the Club acknowledged that the amount of EUR 300,000 will be paid to the Player on
3 August 2025. In particular, the Agreement stated the following:
“Whereas the Parties previously signed the Professional Football Player Contract with the expiry
date of 30.06.2025, the Parties mutually drafted and signed the present Protocol to determine
the amount of the receivables of the Player from the Club that became due and will become due
until 03.08.2025 and to restructure them by amending their due dates.
1. The Parties agree that the Player has receivables from the Club in the total amount of 300.000
Euro, which consists of the outstanding receivables of the Player, as well those that will
become due until 03.08.2025. The Player hereby accepts, declares and undertakes that he
does not have any other receivables from the Club, that became due and will become due
until 03.08.2025, apart from the amount of 300.000 Euro as given above and his all other
receivables were paid by the Club.
2. The Parties further agree that the receivables of the Player, that became due and will become
due until 03.08.2025, in the amount of 300.000 Euro, will be paid to the Player by the Club
on 03.08.2025.
pg. 3
REF. FPSD-20582
3. Within the scope of the above, and his agreement for the new due date, the Player undertakes
not to put the Club in default before 03.08.2025.
4. For avoidance of doubt, this protocol solely modifies the payment terms as agreed upon in
the employment agreement; all other provisions, including those relating to taxes, remain
unchanged and in full force.
5. Any dispute arising out of this protocol shall be submitted to the jurisdiction of the competent
body of FIFA or directly for settlement to the Court of Arbitration for Sport (hereinafter, CAS)
in Lausanne/Switzerland in accordance with the arbitration rules of CAS. The language of
arbitration shall be English and Swiss Law will apply”.
4.
On 6 August 2025, the Player sent a default notice to the Club requesting the amount of
EUR 300,000 and giving a 10-day deadline to comply with its default.
II. Proceedings before FIFA
5.
On 28 August 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
6.
The Player lodged the present claim for overdue payables that arose from the Agreement.
7.
In particular, the Player requested that he has not received the amount of EUR 300,000
that was agreed upon in the Agreement and fell due on 3 August 2025. Therefore, he
requested the following relief:
“In summary, the Player claims the following amounts from the Club:
• Salary payment: EUR 300,000
• Interest: 10% p.m.
• Costs for legal assistance: EUR 1,000 (fixed).”
b. Reply of the Respondent
8.
In its reply, the Club alleged the following:
“It will be seen, from the payment receipts attached herein that the Claimant does not have
outstanding remuneration in the amount of 300,000 Euro.
Moreover, the requests of the Claimant for interest in the rate of 10% (instead of 5%) p.a. and
requests for legal costs are also groundless.”
pg. 4
REF. FPSD-20582
9.
In this regard, the Club provided partially translated proof of payments without providing
any further explanation.
pg. 5
REF. FPSD-20582
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 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 28 August 2025 and submitted for decision
on 16 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 Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Dutch player and a Turkish club.
12. 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
13. 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
14. 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-20582
i. Main legal discussion and considerations
15. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute whether any outstanding amounts arise from their contractual
relationship.
16. In this context, the Chamber acknowledged that its task was to determine which amount
remains outstanding and the consequences thereof.
17. The Chamber noted that the Player requested payment of EUR 300,000 under the
Agreement, which fell due on 3 August 2025. In contrast, the Club alleged that it does not
have any outstanding amounts to the Player and submitted proof of payments, partially
translated.
18. The Chamber noted that the Agreement was signed on 7 May 2025 and the proof of
payments provided were all dated prior to its signature.
19. In particular, the proof of payments corresponded to payments made between 25
September 2024 and 3 April 2025.
20. In view of the above, the Chamber observed that the payments could not have possibly
corresponded to the amount agreed upon in the Agreement as they were all made before
its signature. Therefore, the Chamber concluded that the Respondent failed to discharge
its burden of proving compliance with its financial obligations arising from the Agreement.
21. Consequently, the Chamber decided to award the amount of EUR 300,000 to the Player
that arose from the Agreement.
22. In addition, the Chamber took note of the Claimant’s request of 10% interest per month.
However, the Chamber considered that such request did not have any contractual basis
and therefore, taking into consideration 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 from 4 August 2025 until the date of effective payment.
ii. Compliance with monetary decisions
23. 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-20582
24. 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.
25. 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.
26. 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.
27. 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
28. 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.
29. 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.
30. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 8
REF. FPSD-20582
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Garry Mendes Rodrigues, is partially accepted.
2.
The Respondent, NET GLOBAL SIVASSPOR, must pay the Claimant the following amount:
- EUR 300,000 as outstanding remuneration plus 5% interest p.a. as from 4 August 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
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REF. FPSD-20582
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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