Labour Disputes
Texto da decisão
REF. FPSD-22714
Decision of the
Dispute Resolution Chamber
passed on 13 March 2026
regarding an employment-related dispute concerning the player
Streli Mamba
BY:
Angela COLLINS (Australia)
CLAIMANT:
Streli Mamba, Germany
Represented by Thorsten Majer
RESPONDENT:
Erzurumspor FK, Türkiye
Represented by Enes Simsek
pg. 2
REF. FPSD-22714
I. Facts of the case
1.
On 13 September 2024, the German player Streli Mamba (hereinafter: the Claimant or the
Player) and the Turkish club Erzurumspor FK (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid as from its date of
signature until 30 June 2025.
2.
In accordance with the Contract, the Respondent undertook to pay the Claimant as follows,
quoted verbatim:
“[…] Signing on fee : The Club will pay a total amount of 60.000, -EUR as signing on fee to the
Player on 25.09.2024. If the Club fails to pay the signing on fee until 28.09.2024, Club accepts
that 1% daily interest for per day will accrue following 28.09.2024.
Salary : The Club shall pay a total of 150.000.-EUR as salary to the Player for the 2024/2025
season on the due dates set out below.
30.09.2024
31.10.2024
30.11.2024
31.12.2024
31.01.2025
28.02.2025
31.03.2025
30.04.2025
31.05.2025
30.06.2025
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
15.000, -EUR
Conditional Payments:
• 5.000-EUR bonus if the Player plays in the first eleven squad in the 10 official league matches
of the first half of the league
• 5.000-EUR bonus if the Player plays in the first eleven squad in the 10 official league matches
of the second half of the league
• 10.000, - EUR bonus if the Player scores in total 10 goals or assists in the official league matches
• 10.000, -EUR bonus if the Club qualify for play-off matches that will be paid according to pro
rata principles considering the number of the match that the Player has played.
• 25.000, -EUR bonus if the Club promotes to the Super League at the end of the season that will
be paid according to pro rata principles considering the number of the match that the Player
pg. 3
REF. FPSD-22714
has played. (If the Club promotes to the Super League via play-off matches the entitlement of
the Player will be 25.000, -EUR)
Other Benefits (During the contracual relationship):
10.000, -EUR in total for living expenses that will be paid in 2 (two) equal instalments as 5.000, EUR on 25.09.2024 and 5.000, -EUR on 28.02.2025.
3.2. The aforementioned conditional payments shall be paid by the Club within 30 days after the
end of the relevant season, if the Player is entitled to them. Play-off and promotion to the higher
league bonuses shall be calculated and paid on a pro-rata basis according to the number of
official league games played by the Player in the relevant season. In addition, friendly matches,
cup matches and play-off matches will not be taken into account in the calculation of bonus
fees.
3.3. If a due date for the above-mentioned amounts falls on a Saturday, Sunday or on a day
officially recognized as a public holiday in Republic of Turkey, then the due date shall be deemed
to be the next working day.
3.4. All payments to be made to the Player shall be NET and the Club shall be responsible for the
full payment of the withholding tax, income tax, stamp tax and any other tax arising from this
contract in accordance with the Turkish tax legislation in the territory in Turkey. If the Player is
to be held liable and pays any tax amount to the taxation authorities, the Club will reimburse
such amounts, plus their interests and the damages suffered thereof, if any, within five days
following the receipt of a written request by the Player. For the avoidance of doubt, the tax
liability of the Club arises only the remuneration earned by the Player within this Contract. […]”
3.
On 29 July 2025, the Claimant’s legal representative put the Respondent in default,
requesting the payment by 5 August 2025 of USD 50,000 in outstanding remuneration
under the Contract, consisting of USD 30,000 as the monthly salaries for May and June
2025, USD 5,000 as housing allowance and USD 15,000 as bonuses.
4.
On 31 July 2025, the Respondent sent the following correspondence to the Claimant’s legal
representative, quoted verbatim:
“[…] I am contacting you on behalf of Erzurumspor regarding your request for your client Streli
Mamba. Could you provide me a mobile phone number that I can communicate you via
whatsapp about your notification. […]”
pg. 4
REF. FPSD-22714
II. Proceedings before FIFA
5.
On 20 January 2026, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
6.
7.
According to the Claimant, he is entitled to the following outstanding amounts under the
Contract:
•
EUR 5,000 as the remaining balance of the monthly salary for May 2025;
•
EUR 15,000 as the monthly salary for June 2025;
•
EUR 5,000 as the bonus for competing in 10 games in the first half of the 2024/2025
season;
•
EUR 10,000 as the bonus for reaching the playoffs in the 2024/2025 season; and
•
EUR 5,000 as the second instalment for the living expenses.
In this context, the Claimant requested payment by the Respondent of the following
amounts, quoted verbatim:
“• 23.264,65 USD Euros in outstanding salaries (20.000 €)
• 23.264,65 USD in outstanding bonuses / extras (20.000 €)
• 1.630,54 USD in interest (calculated from the 1st of July 2025)”
b. Position of the Respondent
8.
According to the Respondent, it has made its best efforts in order to fulfil its financial
obligations under the Contract.
9.
Having stated the above, the Respondent’s requests for relief were the following:
“(i) Deduct the paid amounts from the requested amount as outstanding receivables,
(ii) Decide that the Club be given additional time to settle the dispute between the parties to pay
the outstanding receivables of the Player.”
pg. 5
REF. FPSD-22714
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 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 20 January 2026 and submitted
for decision on 12 March 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 German player and a Turkish club.
12. 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
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 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
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 she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
pg. 6
REF. FPSD-22714
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
the Claimant disputes the payment of certain financial obligations by the Respondent
under the Contract.
16. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
17. The Single Judge first noted that, in the case at hand, the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Contract concluded between
the parties. Nonetheless, the Single Judge noted that the Respondent failed to provide any
evidence to prove the payment of the amounts claimed as outstanding by the Claimant.
Furthermore, the Single Judge underlined that no reasonable justification was presented
by the Respondent for not having complied with the terms of the Contract.
18. In view of the foregoing, and bearing in mind the evidence on file as well as the legal
principles of ne ultra petita and pacta sunt servanda, the Single Judge concluded that the
Respondent is held liable to pay the Claimant EUR 40,000 as outstanding amount under
the Contract, broken down as follows:
•
EUR 5,000 as the balance of the monthly salary for May 2025;
•
EUR 15,000 as the monthly salary for June 2025;
•
EUR 5,000 as the bonus for competing in 10 games in the first half of the 2024/2025
season;
•
EUR 10,000 as the bonus for reaching the playoffs in the 2024/2025 season; and
•
EUR 5,000 as the second instalment for the living expenses.
19. Lastly, taking into consideration the Claimant’s request, the legal principle ne ultra petita as
well as the constant practice of the Football Tribunal in this regard, the Single Judge decided
to award the Claimant USD 1,630.54 as interest on the outstanding amount under the
Contract.
ii. Art. 12bis of the Regulations
20. The Single Judge then referred to art.12bis par. 2 of the Regulations, which stipulates that
any club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
pg. 7
REF. FPSD-22714
21. To this end, the Single Judge confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
22. Accordingly, the Single Judge also confirmed that the Respondent had delayed a due
payment without a prima facie contractual basis. It followed that the criteria enshrined in
art. 12bis of the Regulations were met in the case at hand.
23. The Single Judge further established that, by virtue of art. 12bis par. 4 of the Regulations
the Single Judge has competence to impose sanctions on the club. On account of the above
and bearing in mind that this is the third offense by the Respondent within the last two
years, the Single Judge decided to impose a fine of USD 5,000 on the Respondent in
accordance with art. 12bis par. 4 lit. a) of the Regulations.
24. The Single Judge also highlighted that a repeated offence will be considered as an
aggravating circumstance and lead to more severe penalty, in accordance with art. 12bis
par. 6 of the Regulations.
iii. 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.
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REF. FPSD-22714
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,
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-22714
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Streli Mamba, is partially accepted.
2.
The Respondent, Erzurumspor FK, must pay to the Claimant the following amounts:
- EUR 40,000 as outstanding amount; and
- USD 1,630.54 as interest.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 5,000 is imposed on the Respondent, which must be paid to
FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-22714:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
7.
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-22714
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-22714
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