Labour Disputes
Texto da decisão
REF FPSD-7516
Decision of the
Dispute Resolution Chamber
passed on 10 November 2022
regarding an employment-related dispute concerning the player Sofiane
Feghouli
BY:
Lívia Silva Kägi (Brazil), Acting Deputy Chairperson
Khalid Awad Al-Thebity (Saudi Arabia), Member
Stijn Boeykens (Belgium), Member
CLAIMANT:
Player Sofiane Feghouli, France
RESPONDENT:
Galatasaray AS, Türkiye
Represented by Mr Iñigo Landa Aguirre
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I. Facts of the case
1.
On 14 July 2017, the French player, Mr. SOFIANE FEGHOULI (hereinafter: the player or the
Claimant) and the Turkish club, Galatasaray AS (the club or the Respondent) concluded
an employment contract (hereinafter: the contract), valid as from the date of its signature
until 31 May 2022.
2.
According to clause 3 of the contract, the club undertook to pay to the player, inter alia,
the following remuneration during the 2021/2022 season:
-
EUR 3,850,000 net as yearly salary, payable in 10 instalments of EUR 385,000 each,
payable at the end of the month as from 31 August 2021 until 31May 2022;
-
EUR 5,000 net “for each point which the team will receive in TFF Super League and
UEFA Competition matches in which the Player has played” as follows:
“For each TFF Super League and UEFA Competition match in which the
Player is within the initial field of 11 (whether he plays the whole match or
not), 100% of the point bonus will be paid”;
“If the Player enters the field as a substitute at any stage of a match, 50% of
the point bonus will be paid”;
“If the Player is amongst the players entered on the match entry list (18
players list), 25% of the point bonus will be paid”;
“If the Player is not in match entry list (18 Players list), no bonus will be paid”.
3.
-
EUR 75,000 net “if the Player plays 10 official matches (in starting eleven or as a
substitute)”;
-
EUR 75,000 net “if the Player plays 20 official matches (in starting eleven or as a
substitute”.
-
EUR 6,000 net as monthly housing allowance.
On 1 August 2022, the player put the club in default of payment in the amount of EUR
1,545,000 net, corresponding to outstanding salaries, point bonuses and match bonuses;
to no avail.
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II. Proceedings before FIFA
a. Position of the Claimant
4.
5.
On 19 September 2022, the player lodged a claim against the club before the Football
Tribunal, requesting to be awarded outstanding remuneration in the total amount of EUR
1,545,000 net, plus 10% interest p.a. as from 31 March 2022, broken down by the Claimant
as follows:
-
EUR 385,000 net as salary of March 2022;
-
EUR 385,000 net as salary of April 2022;
-
EUR 385,000 net as salary of May 2022;
-
EUR 18,000 as outstanding housing allowances (the ones payable in March, April
and May 2022 in the amount of EUR 6,000 net each);
-
EUR 222,000 net as point bonuses;
-
EUR 150,000 net for having played in more than 20 official matches (thus, the player
argues that the payment of the 2 bonuses of EUR 75,000 net each was triggered)
In his claim, the Claimant argued that despite having duly complied with his contractual
obligations and having put the club in default of payment in connection with the overdue
payables, the club failed to pay the outstanding amount. In this context, the player
requests to be awarded the amounts stated here above and requested the club be
ordered to pay the amount of CHF 25,000 as procedural costs.
b. Position of the Respondent
6.
In its reply, the club argued and requested, inter alia, the following:
-
That due to the difficult financial situation the club was undergoing due to the
Covid-19 pandemic, most of the players agreed to reduce their salaries for the
2019/2020 season, but the Claimant -allegedly together with other 2 players of the
club- refused to do so and the club had no alternative but to apply a 15% reduction
on the player’s salaries. In this regard, the Claimant held that the parties never
reached an agreement, despite the club’s several attempts to negotiate with the
player “in guidance of the principle of good faith and fair dealing”;
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-
That, upon the club’s decision to reduce the player’s salaries, the attitude of the
Claimant changed and his performance on the field was lower, the Claimant also
becoming “unprofessional and wilder”.
-
That, in view of the above, the player’s claim shall be rejected in its entirety and,
subsidiary, the player’s claim to be awarded an interest of 10% p.a. shall be rejected.
In addition, the Respondent requested the player be ordered to pay “all the legal
and procedural costs arising from the procedure”.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as 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 19 September 2022 and
submitted for decision on 10 November 2022. Taking into account the wording of art. 34
of the June 2022 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.
2.
Subsequently, the members of 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 lit.
b) of the Regulations on the Status and Transfer of Players, July 2022 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.
3.
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. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (July 2022 edition) and
considering that the present claim was lodged on 19 September 2022, the July 2022
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
4.
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
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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
5.
Its competence and the applicable regulations having been established, 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 the assessment of the matter at hand.
i. Main legal discussion and considerations
6.
The foregoing having been established, the Chamber moved to the substance of the
matter and recalled that the player is requesting to be awarded EUR 1,545,000 net, plus
10% interest p.a. as from 31 March 2022 and held that despite having complied with his
contractual obligations and having put the club in default of payment, the club failed to
respect its contractual obligations by failing to pay his salary, bonuses and housing
allowances.
7.
Moreover, the DRC duly noted that the club, on its part, argued that the reason for the
non-payment was the difficult financial situation that the club underwent as a
consequence of the Covid-19 pandemic, which led the club to unilaterally reduce the
player’s salaries upon the latter’s refusal to reach an agreement to reduce his financial
entitlements. In addition, the club explained that, upon the said unilateral reduction, the
player changed his attitude and lowered his performance on the field.
8.
The above being said, the Chamber highlighted that, whereas the Respondent
acknowledged not having paid the amounts requested by the player, the club held that it
rightfully reduced the player’s remuneration considering that -due to the Covid-19
pandemic- it underwent a difficult financial situation that led the club to reduce the
player’s salaries even though the parties could not reach an agreement concerning the
said reduction.
9.
In this respect, the club wished to stress that the club argued that it acted in good faith,
firstly approaching the player to conclude an agreement as to the salary reduction, but
the player refused to reach any such agreement.
10. In this context, the DRC noted that the Respondent did not provide any supporting
documentation in order to demonstrate: 1.) the financial situation of the club during the
last seasons; 2.) the alleged negotiation attempts undertaken by the club concerning the
player’s salary reduction.
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REF FPSD-7516
11. Thus, the Chamber was of the opinion that the Respondent failed to provide the Football
Tribunal with the necessary documentation for the DRC to be in a position to evaluate
whether the conduct of the club complied with the requirements set by the FIFA
Guidelines to address legal consequences of Covid-19. In particular, continued the
Chamber, by failing to submit the aforementioned information and documentation, the
Respondent prevented the Football Tribunal from examining the following: whether there
was a genuine attempt by the club to reach agreement with the players; what the
economic situation of the club is; the proportionality of any adjustment to player
contracts; the net income position of players after any contract adjustment; and whether
players have been treated equally or not.
12. Consequently, the Chamber determined that, since the club failed to prove any of the
abovementioned factors, the argumentation of the club that it lawfully proceeded with
the unilateral reduction of the player’s remuneration needs to be rejected.
ii. Consequences
13. In view of the above, the Chamber decided that -in accordance with the legal principle
pacta sunt servanda- the Claimant is entitled to receive the outstanding remuneration
due to him as per the contract. In this respect and after a careful examination of the
different petita of the Claimant, the Chamber determined that -together with the
Claimant’s entitlement to receive his fixed remuneration as stated in the contract (salary
and housing allowances), as requested- the player provided sufficient evidence to
demonstrate being entitled to the conditional payments requested (points and match
bonuses).
14. Consequently, the DRC decided that the Claimant shall be awarded outstanding
remuneration in the total amount of EUR 1,545,000 net, plus 5% interest p.a. in
accordance with the constant practice of the Chamber in this regard, as follows (the
request of the Claimant to be awarded a default interest of 10% p.a. shall be rejected,
since there is no legal basis for the said request and in accordance with the jurisprudence
of the Football Tribunal):
- On the amount of EUR 385,000 net as from 1 April 2022
- On the amount of EUR 6,000 net as from 1 April 2022;
- On the amount of EUR 385,000 net as from 1 May 2022;
- On the amount of EUR 6,000 net as from 1 May 2022;
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- On the amount of EUR 385,000 net as from 1 June 2022;
- On the amount of EUR 6,000 net as from 1 June 2022;
- On the amount of EUR 222,000 net as from 1 June 2022;
- On the amount of EUR 150,000 net as from 1 June 2022.
iii. Compliance with monetary decisions
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
d. Costs
20. 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
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REF FPSD-7516
agent, or match agent”. Accordingly, the Chamber decided that no procedural costs were
to be imposed on the parties.
21. 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.
22. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sofiane Feghouli, is partially accepted.
2.
The Respondent, Galatasaray AS, has to pay to the Claimant the following amount:
- EUR 1,545,000 net as outstanding remuneration plus 5% interest p.a., as followed:
-
On the amount of EUR 385,000 net as from 1 April 2022;
-
On the amount of EUR 6,000 net as from 1 April 2022;
-
On the amount of EUR 385,000 net as from 1 May 2022;
-
On the amount of EUR 6,000 net as from 1 May 2022;
-
On the amount of EUR 385,000 net as from 1 June 2022;
-
On the amount of EUR 6,000 net as from 1 June 2022;
-
On the amount of EUR 222,000 net as from 1 June 2022;
-
On the amount of EUR 150,000 net as from 1 June 2022.
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:
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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
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 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. article 17 of the Procedural Rules).
CONTACT INFORMATION
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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