Labour Disputes
Texto da decisão
REF. FPSD-21900
Decision of the
Dispute Resolution Chamber
passed on 20 February 2026
regarding an employment-related dispute concerning the player Diego Silva
Caetano
BY:
Michele COLUCCI, Italy
CLAIMANT:
Diego Silva Caetano, Brazil
Represented by Lucas Silva de Oliveira
RESPONDENT:
NAXXAR LIONS, Malta
pg. 2
REF. FPSD-21900
I. Facts of the case
1.
On 16 July 2025, the Brazilian player Diego Silva Caetano (hereinafter: the Player or the
Claimant), and the Maltese club, NAXXAR LIONS (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from 1 August
2025 until the end of the 2025/26 season.
2.
In accordance with the Contract, the Club undertook to pay to the Player a gross monthly
remuneration of EUR 1,100.
3.
On 13 August 2025, the Player engaged in a WhatsApp conversation with the Club’s Coach
(hereinafter: the Coach), during which the Player inquired whether the Coach intended to
rely on him going forward. The Coach responded that he would not be counting on the
Player. The Player acknowledged this response and indicated his willingness to discuss the
situation further in order to reach a resolution.
4.
On 14 August 2025, the Player informed the Club’s Sporting Director (hereinafter: the
Sporting Director) that he was awaiting payment to be credited to his account.
5.
On the same date, the Club paid EUR 1,500 to the Player.
6.
On the same date, the Player and the Club entered into an agreement titled “RELEASE –
Professional Player” (hereinafter: the Release Form).
7.
The Release Form read as follows (quoted verbatim):
“Naxxar Lions FC do hereby release the under-mentioned player, and grant him permission
to register and play, with any other Club.
I Diego Silva Caetano [156572] consent to the release issued by NAXXAR LIONS FC, thereby
terminating my agreement with this Club.
I declare that the Club has no futher obligations towards me. (EN)
Dichiaro che il Club non ha ulteriori obblighi nei miei confronti. (IT)
Declaro que el Club no tiene más obligaciones hacia mí. (ES)
Je déclare que le Club n'a plus d'obligations envers moi. (FR)
Declaro que o Clube não tem mais obrigações para comigo. (PT)”
II. Proceedings before FIFA
8.
On 13 November 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
pg. 3
REF. FPSD-21900
a. Claim of the Player
9.
In his claim, the Player submitted that the Club terminated the Contract in August 2025
without just cause.
10. The Player alleged that he is entitled to be compensated with the residual value of the
Contract in the amount of EUR 9,753.34.
11. The Player requested the following relief (quoted verbatim):
“In view of the above, it is requested:
a. the citation of the Respondent, wishing to present the defense within the legal term, under
penalty of default;
b. the reversal of the burden of proof in favor of the Claimant; and
c. the deferral of this Claim to order the Respondent to pay €9.753,34 (nine thousand, seven
hundred and fifty-three euros and thirty-four cents), corresponding to the amounts due under
the contract signed between the parties.
7. It protests to the Claimant to prove the allegation by all means of evidence in law admitted
that prove useful to the demonstration of the facts articulated herein.”
b. Reply of the Club
12. In its reply, the Club submitted that the parties terminated the Contract by mutual
agreement.
13. The Club further alleged that it paid EUR 1,500 to the Player as settlement.
14. The Club requested the following relief:
“For all the above reasons, Naxxar Lions FC respectfully requests the DRC to dismiss the
Player’s claim in its entirety, and this under such terms and conditions which this honourable
Tribunal deems fit and opportune.”
c. Replica of the Player
15. In his replica, the Player submitted that the payment received by the Club refers to the
payment of “contract termination benefits”, not compensation due to unilateral termination
of the Contract.
pg. 4
REF. FPSD-21900
16. The Player maintained his position.
d. Duplica of the Respondent
17. In its duplica, the Club maintained its initial position and reiterated its requests for relief.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
18. 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 13 November 2025 and submitted
for decision on 20 February 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.
19. 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 Brazilian player and a Maltese club.
20. 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
21. 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).
pg. 5
REF. FPSD-21900
c. Merits of the dispute
22. 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.
i. Main legal discussion and considerations
23. The Single Judge then moved to the substance of the matter, and took note of the fact that
this dispute pertains to a claim for breach of contract brought by a player against a club.
24. The Single Judge observed that the Player alleged he is entitled to be compensated with
the residual value of the Contract due to the Club’s alleged unilateral termination of the
Contract.
25. The Single Judge also took note that the Club, for its part, asserted that the employment
relationship was terminated by mutual agreement and that, in this context, it paid EUR
1,500 to the Player and obtained from him a Release Form confirming that no further
obligations would be due from the Club.
26. In this context, the Single Judge acknowledged that his task was to determine if the Contract
was terminated unilaterally by the Club or by mutual agreement and the consequences
thereof, if any.
27. In this respect, the Single Judge carefully assessed the evidence and documentation on file
and observed that the Player actively participated in negotiating the amount related to his
exit, including attempting to increase the proposed figure, subsequently accepting a final
amount.
28. Furthermore, the Single Judge noted that the Player proceeded with the steps agreed upon
in connection with his departure from the Club, such as the return of the Club’s equipment
and the organisation of his travel arrangements.
29. In addition, the Single Judge considered that the Player freely and voluntarily signed the
Release Form, expressly confirming that the Club had no further obligations towards him.
In the absence of any evidence suggesting that the Player’s consent was affected by error,
fraud, duress or undue pressure, the Single Judge held that the said document must be
deemed valid and binding upon the parties.
pg. 6
REF. FPSD-21900
30. On the basis of the foregoing, the Single Judge considered that the circumstances of the
present matter demonstrate that the contractual was terminated by mutual agreement
between the parties, together with a full and final settlement.
31. In light of all the above, the Single Judge decided that the Player’s claim is to be rejected.
d. Costs
32. 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.
33. 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.
34. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-21900
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Diego Silva Caetano, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-21900
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. 9