Labour Disputes
Texto da decisão
REF. FPSD-21868
Decision of the
Dispute Resolution Chamber
passed on 9 December 2025
regarding an employment-related dispute concerning
the player Julian Jeanvier
BY:
Angela COLLINS, Australia
CLAIMANT:
Julian Jeanvier, France
Represented by Riza Koklu
RESPONDENT:
Zecorner Kayserispor, Türkiye
pg. 2
REF. FPSD-21868
I. Facts of the case
1.
On 15 September 2023, the French player Julian Jeanvier (hereinafter: the Player or the
Claimant) and the Turkish club Zecorner Kayserispor (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the date of signature until 30 June 2025.
2.
Clause 6 establishes (quoted verbatim):
“ARTICLE 6- OBLIGATIONS OF THE CLUB
The Club is obliged to pay the amounts as written below to the Player in return of his
services subject to this employment contract.
6.1 The Player shall be paid net €550.000,00 (Five Hundred Thousand Euros) for the
2023/2024, €50.000 shall be paid as a one time advance payment on the date of signing,
advance payment may be paid in the form of a cheque, corresponding to the equivalent
of net €50.000 in any other currency on the date of signature. If the player receives the
payment in the form of a cheque, the player shall receive the cheque upon signing the
delivery receipt declaration, which show the details of the cheque.
Remaining net €500.000,00 (Five Hundred Thousand Euros) shall be paid under the
following schedule.
30.08.2023
45.454 Euros
30.09.2023
45.454 Euros
30.10.2023
45.454 Euros
30.11.2023
45.454 Euros
30.12.2023
45.454 Euros
30.01.2024
45.454 Euros
28.02.2024
45.454 Euros
30.03.2024
45.454 Euros
30.04.2024
45.454 Euros
30.05.2024
45.454 Euros
30.06.2024
45.454 Euros
6.2 The Player shall be paid net €500.000,00 (Five Hundred Thousand Euros) for the
2024/2025 shall be paid under the following schedule.
30.08.2024
45.454 Euros
30.09.2024
45.454 Euros
pg. 3
REF. FPSD-21868
30.10.2024
45.454 Euros
30.11.2024
45.454 Euros
30.12.2024
45.454 Euros
30.01.2025
45.454 Euros
28.02.2025
45.454 Euros
30.03.2025
45.454 Euros
30.04.2025
45.454 Euros
30.05.2025
45.454 Euros
30.06.2025
45.454 Euros
6.3 The Club shall cover and handle the procedures regarding withholding tax
(colloquially known as stoppage). Remaining articles of taxation shall be at player’s
responsibility and the Player may not make a claim for unpaid taxes and relevant
penalties against the club and shall put the club harmless from taxation apart from
withholding tax which falls under club’s obligations. If Kayserispor fails to undertake
obligations regarding withholding tax the Player may claim the amount corresponding
to the unpaid tax and penalties if any from the club without any further notifications or
arbitral decision.”
II. Proceedings before FIFA
3.
On 12 November 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
4.
The Player argued that the parties concluded a Contract valid from 15 September 2023 to
30 June 2025. He contended that, as of the date of the claim, all amounts stipulated under
the Contract had become due and payable. However, he alleged that the Club failed to pay
him EUR 136,362 net as salaries for April, May, and June 2025.
5.
The Claimant’s requests for relief were the following:
“Reserving all our legal rights/the other receivables and on the basis of the facts, legal
arguments that set out above, we respectfully request the FIFA Dispute Resolution
Chamber to:
1. Accept the claims of Julian Marc Jeanvier,
pg. 4
REF. FPSD-21868
2. Order Club Kayserispor Fútbol A., to pay in favour of the Claimant the total overdue
and outstanding receivable of net EUR 136.362 along with the interest rate of 5% p.a.
from the following due dates until the date of effective payment.
• Net EUR 45.454 along with interest thereon at the rate of 5% p.a. from 1 May 2025
until the date of effective payment,
• Net EUR 45.454 along with interest thereon at the rate of 5% p.a. from 31 May 2025
until the date of effective payment,
• Net EUR 45.454 along with interest thereon at the rate of 5% p.a. from 1 July 2025
until the date of effective payment.
3. Establish that the costs of the present arbitration procedure shall be borne by the
Respondent.”
b. Position of the Respondent
6.
In its reply, the Club argued that the Claimant’s assertion of default is premature,
unsupported by facts, and inconsistent with fundamental principles of Swiss law. According
to the Club, Swiss law applies and, under art. 102 of the Swiss Code of Obligations (SCO), a
party enters into default when it fails to perform its obligation by the time performance is
due, provided that such performance is possible. The Club stated that, in this case, it did
not contest the existence of the financial obligation owed to the Player but alleged that the
outstanding balance exists in a context of ongoing preparation for performance.
7.
According to the Club, the Player was already aware of this and, as long as the Club is willing
and capable, Swiss law does not treat the situation as default, as non-payment becomes
default only when coupled with refusal or inability. The Club asserted that communications
between the parties reflect a continuous line of dialogue and that a debtor who intends to
perform but has not yet performed is never automatically in default unless formal notice
has been issued under art. 102 of the SCO.
8.
The Club affirmed that it is financially capable of satisfying the obligations and does not
challenge its duty, which is incompatible with the notion of default. The Club argued that
the Player failed to meet the required threshold under art. 102 of the SCO.
9.
Notwithstanding the above, the Club maintained that, in any event, interest can only apply
as from the date of the claim, as this is the earliest point at which delay could arguably
crystallise.
10. Based on the above, the Club requested that the claim be rejected.
pg. 5
REF. FPSD-21868
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 12 November 2025 and
submitted for decision on 9 December 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 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 French player and a Turkish club.
13. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she 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 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 she 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 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 she will refer only to the facts, arguments and documentary evidence,
which he considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-21868
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter and took note of the fact that
this is a claim brought by a player against a club for outstanding remuneration.
17. The Single Judge noted that, according to the Player, the Club failed to pay him three
monthly salaries. The Single Judge also observed that the Club did not dispute that it owes
these amounts but argued that the claim is premature, as it cannot be interpreted under
Swiss law that the Club is in default. In any event, the Club argued that interest should apply
only as from the date of the claim.
18. In this context, the Single Judge acknowledged that her task was to determine whether the
Player is entitled to the amounts claimed.
19. First, the Single Judge noted that it is undisputed that the Player was entitled to the salaries
for April, May, and June 2025, totalling EUR 136,362 net. It is also undisputed that the Club
failed to pay these amounts.
20. In this sense, the Single Judge recalled that the Club bore the burden of proving that it had
paid the amounts or that it had any valid justification for the non-payment. However, the
Single Judge stressed that the Club merely acknowledged its obligation and argued that it
was preparing to pay the amounts, without clarifying the meaning or implications of such
a statement. Additionally, the Single Judge emphasised that the Club stated that it was fully
capable of making the payments but did not explain why it failed to comply with its
obligations.
21. In this regard, the Single Judge recalled that, based on the Contract, the payments were
respectively due on 30 April, 30 May, and 30 June 2025 and, according to well-established
jurisprudence, default occurs after failure to comply with obligations on their due dates.
Based on this, the Single Judge considered that the Club is in default of payment of each
instalment as from the day following its due date, without the need for the Player to comply
with any additional requirement.
22. For the sake of completeness, the Single Judge remarked that, based on art. 3 of the
Procedural Rules, the Football Tribunal shall apply FIFA regulations, whilst taking into
account the national laws. In this respect, while the Football Tribunal shall take into account
the national law, as well as all relevant arrangements or collective bargaining agreement,
when resolving a dispute before the Football Tribunal, FIFA regulations prevail over any
national law that the parties may have chosen. This, because the main objective of FIFA
regulations is to create a standard set of rules to which all the actors within the football
community are subject to and can rely on.
pg. 7
REF. FPSD-21868
23. Thus, the Single Judge decided to award the Player EUR 136,362 net plus 5% interest p.a.
over each unpaid instalment, which shall apply as from the day following each due date, as
requested by the Player and in line with the standard practice of the Football Tribunal.
24. Lastly, the Single Judge wished to highlight that the Club cannot be sanctioned in
accordance with art. 12bis of the Regulations, as the Player did not put it in default, but this
does not imply that the Club did not fail to comply with the payments and must therefore
be ordered to pay the amounts based on the legal principle pacta sunt servanda.
ii. Compliance with monetary decisions
25. 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.
26. 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.
27. 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
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.
28. 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.
29. 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
30. 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,
pg. 8
REF. FPSD-21868
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
31. 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.
32. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 9
REF. FPSD-21868
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Julian Jeanvier, is partially accepted.
2.
The Respondent, Zecorner Kayserispor, must pay to the Claimant the following amount:
- EUR 136,362 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 45,454 net as from 1 May 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 45,454 net as from 31 May 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 45,454 net as from 1 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.
pg. 10
REF. FPSD-21868
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-21868
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