Labour Disputes
Texto da decisão
REF. FPSD-21555
Decision of the
Dispute Resolution Chamber
passed on 22 January 2026
regarding an employment-related dispute concerning the player Athir Eltahir
Babikir
BY:
Michele COLUCCI (Italy)
CLAIMANT:
Athir Eltahir Babikir, Sudan
Represented by Ahmed Alian Murad
RESPONDENT:
Al Madina Club, Libya
pg. 2
REF. FPSD-21555
I. Facts of the case
1.
On an unspecified date, which according to the Sudanese player Athir Eltahir Babikir
(hereinafter: the Player or the Claimant) corresponds to 20 September 2024, the Player and
the Libyan club Al Madina Club (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract), which, according to the Player, was to
remain valid until 30 June 2025.
2.
On an unspecified date, the Player informed the Club that he was suffering severe
psychological distress, which he attributed to the manner in which he had been treated by
the Club’s management.
3.
On 20 September 2024, the Club signed a document addressed to the Player (hereinafter:
the Club’s Acknowledgement), which reads as follows (quoted verbatim):
“Acknowledgement and Undertaking
With reference to contract No. (1774) with player / Othair Al-Tahir Babiker Mohamed
Sudanese nationality, Passport No. P09855721 A payment amounting to USD 25,000
(twenty-five thousand US dollars) will be paid to player Othair Al-Tahir Babiker Mohamed
within one and a half months from the start of the 2024 / 2025 sports season, linked to
the player's performance and brilliance during the first half of the sports season, as
reported by the football director Abdelbaset Mahmoud and the team coach Saeed AlSaibi.
Abdul Al-Majid Ibrahim Al-Mulaikta
Interim Board of Directors Al-Madina
Sports, Cultural, and Social Club”
II. Proceedings before FIFA
4.
On 25 October 2025, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Player
5.
In his claim, the Player maintained that, pursuant to the Contract, he was entitled to a
monthly salary in the amount of USD 3,500, as well as to a sign-on payment in the amount
of USD 40,000.
6.
The Player further alleged that the Club failed to remit outstanding remuneration
corresponding to the salaries between October 2024 and July 2025 in the total amount of
USD 21,000, as well as additional amounts allegedly promised by the Club’s President in
pg. 3
REF. FPSD-21555
the amount of USD 25,000, accommodation fee in the amount of USD 1,000, and medical
treatment costs in the amount of USD 1,000.
7.
In addition, the Player claimed compensation in the amount of USD 148,000.
8.
The Player requested the following relief (quoted verbatim):
“In light of the foregoing, the Player respectfully requests the FIFA Players’ Status
Department to:
1. Order the Respondent (the Club) to pay the total amount of USD 148,000, broken down
as above.
2. Impose default interest at a rate of 5% per annum on all outstanding sums from their
respective due dates until full payment.
3. Confirm that the Player validly terminated the employment contract with just cause
and is free to sign with any club of his choice without restrictions and/or sporting
sanctions.
4. Order the Respondent to bear all procedural and legal costs arising from this claim.
5. Further and or alternative relief as the Chamber may deem fit.”
b. Position of the Club
9.
Despite having been invited to do so, the Club failed to provide its position to the claim.
pg. 4
REF. FPSD-21555
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 25 October 2025 and submitted for
decision on 22 January 2026. Taking into account the wording of arts. 32 and 35 of the
January 2026 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 Single Judge 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 Sudanese player and a Libyan club.
12. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he 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 Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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 Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
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REF. FPSD-21555
i. Main legal discussion and considerations
15. The Single Judge then moved to the substance of the matter and took note of the fact that
it concerned a claim of a player against a club for breach of contract.
16. In this regard, the Single Judge observed that the Player argued that he was entitled to
outstanding remuneration, accommodation expenses, medical reimbursement, as well as
compensation for breach of contract.
17. The Single Judge also observed that the Club failed to provide its position to the claim.
Therefore, the Single Judge deemed that the decision should be taken solely on the basis
of the evidence and arguments submitted by the Player (cf. art. 21 par. 1 of the Procedural
Rules).
18. In this context, the Single Judge acknowledged that his task was to assess whether the Club
had failed to comply with its financial obligations towards the Player.
19. In this regard, the Single Judge noted that, from the evidence on file, it was not possible to
establish the remuneration agreed between the Player and the Club under the Contract,
since the document submitted by the Player contains blank fields in respect of the relevant
financial terms and does not specify any amounts payable to the Player.
20. The Single Judge further emphasised that, although the Player alleged that he was entitled
to a monthly salary of USD 3,500, no documentary evidence was submitted in order to
substantiate that the Club had agreed to pay such amount, nor any of the additional
amounts claimed by the Player.
21. In this regard, the Single Judge took note that the only piece of evidence on file establishing
a financial obligation on the part of the Club towards the Player was the Club’s
Acknowledgement, which reads as follows (quoted verbatim):
“Acknowledgement and Undertaking
With reference to contract No. (1774) with player / Othair Al-Tahir Babiker Mohamed
Sudanese nationality, Passport No. P09855721 A payment amounting to USD 25,000
(twenty-five thousand US dollars) will be paid to player Othair Al-Tahir Babiker Mohamed
within one and a half months from the start of the 2024 / 2025 sports season, linked to
the player's performance and brilliance during the first half of the sports season, as
reported by the football director Abdelbaset Mahmoud and the team coach Saeed AlSaibi.
Abdul Al-Majid Ibrahim Al-Mulaikta
Interim Board of Directors Al-Madina
Sports, Cultural, and Social Club”
pg. 6
REF. FPSD-21555
22. The Single Judge observed that the aforementioned payment was made subject to the
Player’s “performance and brilliance during the first half of the sports season”.
23. In this regard, the Single Judge considered that such condition constitutes an indeterminate
and non-quantifiable concept, which is not objectively verifiable and does not allow for an
assessment as to whether it had been fulfilled.
24. Consequently, the Single Judge deemed that the aforementioned condition cannot be
considered as a genuine variable remuneration and held that the Club remained obliged
make the payment, irrespective of whether the Player had demonstrated any alleged
“performance and brilliance.”
25. In the absence of any evidence on file demonstrating that the amount of USD 25,000 was
effectively paid to the Player, the Single Judge held that the Club failed to comply with its
financial obligation towards the Player.
26. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Club was liable to pay to the Player USD 25,000.
27. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Player interest
at the rate of 5% p.a. on the outstanding amounts as from 4 November 2024 until the date
of effective payment.
ii. Compliance with monetary decisions
28. Finally, taking into account the applicable Regulations, the Single Judge 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.
29. In this regard, the Single Judge 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.
30. Therefore, bearing in mind the above, the Single Judge 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
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REF. FPSD-21555
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.
31. 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.
32. The Single Judge 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
33. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
34. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
35. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-21555
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Athir Eltahir Babikir, is partially accepted.
2.
The Respondent, Al Madina Club, must pay to the Claimant the following amount(s):
- USD 25,000 as outstanding remuneration plus 5% interest p.a. as from 4 November
2024 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-21555
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. 10