Labour Disputes
Texto da decisão
REF. FPSD-20623
Decision of the
Dispute Resolution Chamber
passed on 16 October 2025
regarding an employment-related dispute concerning the player Komi
Mawutodzi Agbadji
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Komi Mawutodzi Agbadji, Togo
Represented by Mawuli Kwaku Avorgah
RESPONDENT:
AFRICA SPORTS D'ABIDJAN, Côte d'Ivoire
pg. 2
REF. FPSD-20623
I. Facts of the case
1.
On 16 January 2025, the Togolese player, Komi Mawutodzi Agbadji (hereinafter: the Player
or the Claimant) and the Ivorian club, Africa Sports d'Abidjan (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
16 January 2025 until 30 June 2026.
2.
According to clause 4 of the Contract, the parties agreed on a monthly gross salary of CFA
250,000.
3.
On 11 July 2025, the Club sent a letter to the Ivorian Football Federation (hereinafter: the
Federation) stating the following:
« J’ai l’honneur de porter à votre connaissance que l’Africa Sports d’Abidjan a décidé,
conformément aux dispositions réglementaires, de libérer le joueur :
Nom : AGBADJI
Prénoms : Komi Mawutodzi
Né le : […]
A : Assahoun (TOGO)
Titulaire de la licence : […]
Je délivre donc la présente lettre afin d’attester de la libération du joueur partout où besoin
sera, ou de servir et valoir ce que de droit. »
“I have the honor to inform you that Africa Sports of Abidjan has decided, in accordance with
regulatory provisions, to release the player:
Name: AGBADJI
First names: Komi Mawutodzi
Date of birth: […]
Place: Assahoun (TOGO)
License holder: […]
I therefore issue this letter to certify the release of the player wherever needed, to serve and
assert what is rightfully due”. (Freely translated into English)
4.
On 22 September 2025, the Player signed a new employment contract with the Beninese
club, Damissa Football Club valid as from the beginning of the season 2025/2026 until the
end of the season 2025/2026.
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REF. FPSD-20623
II. Proceedings before FIFA
5.
On 31 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 with FIFA for breach of contract.
7.
In this regard, the Player provided a letter that was sent from the Club to the Federation
on 11 July 2025 which stated that the Club has decided to release the Player.
8.
However, the Player did not provide any further explanation regarding the termination.
The Player only mentioned that the Contract was terminated without just cause and there
was no mutual agreement between the parties.
9.
The Player requested the total amount of CFA 5,000,000 corresponding to the following
amounts:
-
CFA 250,000 for the outstanding salary of June 2025;
CFA 250,000 for the outstanding salary of July 2025;
CFA 3,000,000 for the residual value of the Contract (CFA 250,000x 12 months);
CFA 1,500,000 as additional compensation for the damages suffered (CFA 250,000 x
6 months).
b. Reply of the Respondent
10. Despite being invited to do so, the Club did not reply to the claim.
pg. 4
REF. FPSD-20623
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. 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 31 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.
12. 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
an Togolese player and an Ivorian club.
13. 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
14. 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
15. 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.
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REF. FPSD-20623
i. Main legal discussion and considerations
16. The Chamber then moved to the substance of the matter, and took note that the present
dispute concerns a claim lodged by the Player against the Club for alleged breach of
contract. It observed that, based on the documentation on file, it remained undisputed that
the employment contract was terminated on 11 July 2025, following the Player’s release by
the Club.
17. In this context, the Chamber acknowledged that its primary task was to assess whether the
termination of the Contract constituted a breach of contract by the Club and, if so, to
determine the consequences arising therefrom.
18. In addition, the Chamber pointed out that the Club, did not respond to the claim, entailing
that the Chamber’s decision must be made on the basis of the documentation on file, that
is, the argumentation and evidence filed by the Claimant in line with art. 14 par. 1 and 21,
par. 1 of the Procedural Rules.
19. The Chamber noted that the Player provided a letter sent by the Club to the Federation on
11 July 2025 which stated that the Club decided to release (‘liberer’) the Player.
20. The majority of the Chamber considered that the above document did not constitute proof
that the Club breached the Contract, but only that the Club released the Player and
consequently the Contract was terminated. In this regard, the majority of the Chamber
noted that the additional evidence and allegations should be considered in order to
determine whether the Club unilaterally terminated the Contract.
21. However, the majority of the Chamber did not provide any further documentation to
support his allegations regarding the breach of Contract, such as a default notice or
correspondences between the parties. In addition, the Player did not provide any further
explanation regarding the circumstances of the termination as he simply stated that the
termination of the Contract was (i) before its expiration date and (ii) there was not any
mutual agreement between the parties and consequently, such termination constituted an
abusive, anticipated and unilateral termination without just cause.
22. In this regard, considering that according to art. 13 of the Procedural Rules, the party that
asserts a fact has the burden of proving it, the majority of the Chamber concluded that the
Player did not meet his burden of proof demonstrating that the Club breached the
Contract.
23. Consequently, the majority of the Chamber decided to partially reject the Player’s claim.
24. Having established the above, the Chamber observed that the outstanding remuneration
at the time of the termination (i.e. 11 July 2025) corresponded to the month of June and July
2025.
pg. 6
REF. FPSD-20623
25. In view of the above, and based on the principle of pacta sunt servanda, the majority of the
Chamber decided to award the Player the total outstanding amount of CFA 341,666, i.e.
CFA 250,000 for the month of June 2025 as well as the pro rata amount for the salary of July
2025 of CFA 91,666 (CFA 250,000/ 30 days x 11 days).
26. Finally, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the majority of the Chamber decided to award the
Claimant interest at the rate of 5% p.a. on the outstanding amounts as from 11 July 2025
until the date of effective payment.
ii. Compliance with monetary decisions
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
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REF. FPSD-20623
d. Costs
32. 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.
33. 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.
34. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 8
REF. FPSD-20623
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Komi Mawutodzi Agbadji, is partially accepted.
2.
The Respondent, AFRICA SPORTS D'ABIDJAN, must pay the Claimant the following amount:
- CFA 341,666 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of CFA 250,000 as from 1 July 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of CFA 91,666 as from 11 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
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REF. FPSD-20623
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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