DRC Overdue Payables
Texto da decisão
REF. FPSD-15397
Decision of the
Dispute Resolution Chamber
passed on 30 October 2024
regarding an employment-related dispute concerning the player Luiz
Eduardo Figueiredo
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Luiz Eduardo Figueiredo, Brazil
Represented by Felipe Macedo
RESPONDENT:
Al Kawkab, Saudi Arabia
pg. 2
REF. FPSD-15397
I. Facts of the case
1.
On 1 August 2023, the Brazilian player, Luiz Eduardo Figueiredo (hereinafter: the Player or
the Claimant), and the Saudi club, Al Kawkab (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from the date of
signature to 30 June 2024.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant inter
alia the following amounts:
3.
-
A monthly net salary of USD 6,181;
-
A “signing on fee” of USD 7,000, payable on 1 August 2023;
-
“[A]ccommodation equipped to accommodate”;
-
“Car-Tickets for player and family”.
Clause 7 of the Contract reads as follows:
“The Player shall:
1. act in a spirit of good faith, honesty and integrity towards the Club at all times;
2. respect, comply with and adhere to at all times the statutes, rules, regulations,
codes, circulars, directives and decisions of the League Organiser, SAFF, The AFC and
FIFA, as may be amended from time to time;
3. Immediately and without delay notify the Club of any sporting sanctions to which
he is subject;
4. promptly return to the Club following international duty in accordance with Annexes
1 of the FIFA Regulations on the Status and Transfer of Players;
5. attend all training sessions, training camps, seminars, press conferences and such
other events as the Club may require from time to time. If the Player is a student of
minor age enrolled at a school, he shall be exempted from attending morning
trainings during school days only, provided that such exempted trainings shall be duly
compensated by the Player in other periods to be fixed by the Club;
6. Participate in all friendly and official matches of the Club, as the Club may require,
according to the established dates;
pg. 3
REF. FPSD-15397
7. Apply his best efforts, with punctuality and without reservation, to the maximum of
his capabilities, in performing the activities and obligations provided for in this
Contract, unless his health prevents him from doing so;
8. Apply his best efforts to maintain and, wherever possible, improve the level of his
sporting, physical and psychological capabilities;
9. Observe the principles of fair play, integrity, good sportsmanship and
professionalism at all times on and off the field of play;
10. Not retire during the Term without the prior written agreement of the Club, except
in the case of force majeure;
11. Not participate in any sporting, cultural or social activity or play in any matches
for any other club during the Term;
12. Refrain from negotiating and concluding an employment contract with any other
club unless and until (a) the Club has provided its prior written agreement to such
negotiation and/or conclusion; or (b) this Contract is due to expire within six months;
or (c) this Contract has expired;
13. Refrain from any act, statement, publication or utterance that is harmful, or may
reasonably be considered to be harmful, to the image, standing or reputation of the
Club and/or its partners/sponsors;
14.
The
Player
must
allow
himself
to
be
treated
by
a
doctor/physiotherapist/chiropractor designated by the Club. Nevertheless, the Player
shall have the right to a second opinion by an independent medical specialist of choice
if he contests the opinion of the Club’s doctor / physiotherapist /chiropractor. If there
are still different opinions, the Player and the Club agree on accepting an independent
third opinion (e.g. from a FIFA Medical Centre of Excellence), which will be binding on
both Parties. The costs of any such third independent opinion will be covered by the
Club;
15. Not disclose to any third party any sensitive, confidential or classified information
relating to the Club;
16. respect, comply with and adhere to at all times the statutes, rules, regulations,
codes, directives and decisions of the World Anti-Doping Agency, the Saudi Arabian
Anti-Doping Committee and any other relevant national or international sporting,
judicial, arbitration or regulatory bodies;
17. promptly comply with all requests and requirements of the relevant national or
international anti-doping authorities;
pg. 4
REF. FPSD-15397
18. Resist, reject and report (to the Club and to SAFF) any approach made to the Player
to participate in match-fixing or any threat to the integrity of sport of any kind;
19. Comply with the sanctions and rewards internal regulations of the Club which the
Club is entitled to impose according to the club internal regulations and to the
regulation named ‘Typical List of Penalties and Sanction to the Clubs that apply
Professionalism’ issued by SAFF (SAFF TLPS), a copy of which is shown and provided to
the Player, being his signature of this Contract a sign of its receipt;
20. Commitment to the list of violations and penalties issued by the club and the Saudi
Football Association, and based on the model list prepared by the Saudi Federation,
where a copy of it was submitted with this contract to the Player for review.”
4.
Clause 8 of the Contract reads as follows:
“1. In the event that the Player commits a violation of any of his obligations under this
Contract or the applicable regulations, the Club may impose disciplinary sanctions
against the Player. The Club shall duly charge the Player and shall notify him in writing
of the details of such charges. The Player shall be provided with an opportunity to
respond to the charges. In particular, the Player declares that he is aware of the
applicable SAFF regulations, including the Players’ Status Regulations and the
Disciplinary and Ethics Regulations (which are freely available on the official SAFF
website).
2. In the event that the Player fails to fulfil his obligations under this Contract, the Club
may impose one or more of the following sanctions against the Player in accordance
with the Club’s disciplinary rules:
a)
b)
c)
d)
a written warning;
a reprimand;
a fine; and/or
community football service.
3. Fines for minor offences which are imposed by the Club on the same day as the
offence may not exceed the amount corresponding to one (1) day of the fixed monthly
remuneration payable to the Player (the amount to be calculated by dividing the
monthly salary by 30) under the terms of Article 5.1 of this Contract.
4. Under no circumstances shall the Club sanction the Player for the poor performance
of the team and/or alleged poor play.
pg. 5
REF. FPSD-15397
5. The Club shall not impose a fine on the Player if the Club has not complied with its
own financial obligations towards the Player under the terms and conditions of this
Contract.
6. In choosing and levying a sanction, the Club shall take into account all
circumstances of the case. The Club shall notify the Player in writing at least 14 days
prior to the hearing. The Player may be represented in disciplinary proceedings by a
person (of any nationality) authorised by the Player for that purpose.
7. The Club recognises that if the sanction consists of a fine, and such fine is deducted
by the Club from the Player’s salary, the Player is entitled to file a claim at the FIFA
DRC to assess the legitimacy of the fine.”
5.
On 23 February 2024, the Respondent requested the Claimant to provide “the reasons for
talking to the trainer in an inappropriate manner and not following instructions”. The
Respondent granted the Claimant 24 hours to reply to the letter.
6.
On 27 February 2024, the Respondent sent the Claimant the following letters:
First letter:
“With reference to Leaving the training field and leaving the club without permission
on 23-02-2024
Accordingly, and with reference to Article Two (Violations related to player behavior),
Paragraph N°4 (Leaving the stadium during the trainings without permission from the
director of the team) of the Typical List of Penalties and Sanction to the Clubs that
apply Professionalism.”
Second letter:
“With reference to Talking to the Trainer in an inappropriate manner and not following
instructions.
Accordingly, and with reference to Article Two (Violations related to player behavior),
Paragraph N° 18 (Misbehaving with the technical, the administration or the medical
staff or the supporters inside or outside the stadium) of the Typical List of Penalties
and Sanction to the Clubs that apply Professionalism.
Therefore, we inform you of the imposition of a 40% deduction penalty for two months
from your salary for the months of February (02/2024) and March (03/2024).”
7.
On 4 March 2024, the Claimant put the Respondent in default and requested payment of
USD 24,724 net corresponding to the salaries between November 2023 and February 2024.
pg. 6
REF. FPSD-15397
The Claimant also contested the fines imposed, which he considered to be abusive and
unlawful.
8.
On 24 March 2024, the Claimant put the Respondent in default for a second time and
requested payment of USD 24,724 net; setting a 15 days’ time limit in order to remedy the
default.
9.
On the same day, the Respondent replied to the Claimant stating that the Player had been
fined in the amount of SAR 10,000 and suspended for two matches by the Saudi Arabian
Football Federation (SAFF) on 25 December 2023. Moreover, the Club informed the Player
that he owed SAR 13, 550 to the General Traffic Department for traffic violations, both
debts being equivalent to one month's salary. The Respondent added that “From the above,
the total value of fines and violations imposed on the player by the Saudi Football Federation
and the General Traffic Department amounts to 23,550 Saudi riyals, which is equivalent to 6,280
US dollars, and the player refuses to pay them or acknowledge them.”
10. On 26 March 2024, the Respondent requested the Claimant the following: “Please provide
information about the reasons that led to you receiving 4 yellow Cards and which resulted in
you being suspended from participating in the next match, knowing that this is the second time
that you have been suspended from participating in matches due to you receiving 4 yellow cards
or a direct red card for 2 previous matches and the next match. We hope you will inform us
within 24 hours of receiving this mail”.
11. On 2 April 2024, the Claimant reiterated that the fines/discounts were illegal and claimed
USD 30,905 net as outstanding amount; setting a 15 days’ time limit for the Respondent to
remedy the default.
12. On 2 April 2024, the Respondent sent the Claimant the following letter: “With reference to
your receiving 4 yellow cards and your suspension from the Mudar match on 03/28/2024, and
since you were previously suspended for receiving a red card for two matches. Accordingly, and
with reference to Article Three (the sanctions related to the yellow or red cards received by the
player during the local or external matches), Paragraph (Receiving three yellow cards or one red
card in the sportive season) of the Typical List of Penalties and Sanction to the Clubs that apply
Professionalism. Therefore, we inform you of the imposition of a 05 % deduction penalty from
your April 2024 salary.”
13. On 3 April 2024, the Player returned to Brazil with his family.
14. On 20 April 2024, the Respondent sent the Claimant a letter stating that he had left the car
rented by the Club at the hotel and mentioned that he would be responsible for any
damage to the car as well as the fines and traffic offences.
15. On 3 July 2024, the Claimant put the Respondent in default and requested payment of USD
49,457 net corresponding to the salaries between November and December 2023 and BRL
pg. 7
REF. FPSD-15397
19,457.08 as reimbursement of flight tickets; setting a time limit of 10 days in order to
remedy the default.
II. Proceedings before FIFA
16. On 30 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
17. The Claimant lodged a claim against the Respondent for outstanding remuneration. In his
claim, the Claimant argued that the Respondent failed to fulfil its financial obligations.
18. As to the fines/ deductions, the Claimant indicated the following:
“60. Firstly, we highlight the jurisprudence of FIFA and CAS that consider possible for
clubs to impose a fine/deduction on a player in case of contractual violation if (i) the
contract provides for such possibility, (ii) the club duly complies with the applicable
regulatory requirements, and (iii) prove that the procedure respected the procedural
rights of the player’s rights to be heard.
[…]
63. Nonetheless, there are still some doubts about the lawfulness of a contractual
regulatory system enabling clubs to have fines/deductions imposed on players ratified
by a club’s disciplinary committee rather than a national dispute resolution chamber.
So, even though a regulatory system is provided for in the contract and in case this
power is all on the hands of the club and/or its disciplinary committees, it is evident
the disproportionately and illegality of such system. Besides, usually the clubs only
establish the application of these regulatory system against possible violations
committed by players, whilst nothing can reach and sanction the clubs, what is
another clear demonstration of invalidity of these regulatory system as they are not
reciprocal.
[…]
65. So, in accordance with the Contract, a disciplinary system was agreed by the
parties to act only ‘In the event that the Player commits a violation of any of his
obligations under this Contract (…).’ Therefore, the disciplinary system of the Contract
serves only against the Player and not the Club, so there is no reciprocity in this clause,
what makes it illegal in a first analysis.
pg. 8
REF. FPSD-15397
66. Nevertheless, we note that an incomplete procedural rule was drawn up and the
Club was obliged to (i) provide the Player with an opportunity to respond to the
charges, (ii) to notify the Player in writing at least 14 days prior to the hearing to
present a defense by itself or by an authorized person, (iii) the sanctions could be a
written warning, a reprimand, a fine, and a community football service, (iv) fines for
minor offences (which definition was not determined) may not exceed the amount
corresponding to 1 (one) days of the fixed monthly salary, and (v) the possibility for
the Player to claim before the FIFA DRC any amount deducted in case a fine was
determined by the Club.
67. Being straightforward, the Player had not the opportunity to respond to the
charges, has not been informed of the existence of a hearing at least 14 days prior to
it occurring, the fines were determined in an amount not correlated to the value
corresponding to 1 day of the fixed monthly salary, and the Player is hereby claiming
to FIFA to determine that the legitimacy of such fines and deductions on his salaries
are unlawful. To sum up, even in case we could consider legal the disciplinary system
determined in the Contract – which we cannot accept as legitimate -, at the end the
Club have not respected the procedural rules in accordance with the employmentcontract and, most importantly, the Player’s right to be heard.
68. Once more we highlight that the Player has always disputed the validity and
legality of these fines/deductions and never recognized them as can be seen in all
notifications sent by the Player’s lawyer to the Club (on 04 March 24, 24 March 24, 02
April 24 and 03 July 24), which are 4 (four) in total. (“Exhibits ”6, 7, 8, and 11”)
69. From the foregoing, we kindly request to FIFA FT to consider that all fines and/or
deductions made by the Club against the Player shall be unlawful and disregarded as
they violated procedural rules in accordance with the employment-contract and the
player’s fundamental right to be heard and have a fair hearing. However, in case FIFA
considers that the Club could have applied such fines and deductions on the Player’s
salary, we alternatively present below our reasons for the non-acceptance of the
amounts sanctioned and deducted.
70. Subsidiarily - in case FIFA FT understands that the Club could have fined/deducted
the Player for this absence and does not accept our request to disregard it above -, we
kindly request to FIFA FT to consider that the Club when applying such fine disregarded
the provision of art. 8.3 of the Contract that is clear to determine that the fines shall
not exceed the amount corresponding to 01 (one) day of the fixed monthly
remuneration.”
19. The Claimant requested the following relief:
“71. Therefore, in light of the above and pursuant to the FT Rules, the Claimant hereby
details its Claim to the DRC of the FIFA Football Tribunal DRC as follows:
pg. 9
REF. FPSD-15397
A) To accept this claim and consider that the Respondent has overdue payables
towards the Claimant in connection to the Contract, in accordance to art. 12bis of the
FIFA RSTP.
B) To order the Respondent to pay the outstanding amount of USD 49.457 net (fortynine thousand and four hundred fifty-seven dollars = USD 6.181 for the belated
monthly salaries of November and December 2023, and January, February, March,
April, May and June 2024) and BRL 19,457.08 (nineteen thousand four hundred fiftyseven Brazilian Reais and eight cents = reimbursement of the Player’s costs with flight
tickets) net, plus interests of 5% per year on the aforementioned amounts from the
dates these amounts became due until the date of effective payment.
C) To impose sports sanctions on the Club in accordance with arts. 12bis, §4 and 24bis
of FIFA RSTP; and
D) To condemn the Respondent to pay the attorney’s fees at the rate of 20% on the
value claimed by the Claimant.”
20. It is to be noted that the Player provided a copy of a flight ticket for himself and 3 additional
people from Doha (Qatar) to Curitiba (Brazil) and a proof of payment in the total amount
of BRL 19,457.08.
b. Position of the Respondent
21. The Respondent replied to the claim as follows:
22. The Respondent first mentioned that the SAFF Disciplinary and Ethics Committee
sanctioned the Player on 25 December 2023 and imposed him a fine of SAR 10,000 and a
suspension of 2 matches. In accordance with clause 7.2 of the Contract the Player should
bear this penalty.
23. The Respondent then mentioned that the Player committed traffic offences for which he
should bear the costs and not the Club.
24. Moreover, the Respondent stated that the Claimant was sanctioned with 4 yellow cards
and a match suspension, for which the Respondent imposed a deduction of 5% on his
salary in accordance with the list of violations and penalties issued by the SAAF, after taking
all legal procedures. The Respondent stated that it requested the Claimant to provide his
position on 26 March 2024.
25. Additionally, the Respondent claimed that the Claimant had never requested the it to buy
his flight tickets. In particular, the Respondent mentioned that “the club deals with an
pg. 10
REF. FPSD-15397
accredited tourism office that makes large discounts for the club in terms of buying airline
tickets, and it is not fair to bear the cost of the player's failure to respect the terms of his contract
with regard to determining the date of the annual leave and the player buying tickets himself,
which will lead to incurring additional financial costs The club could have bought tickets At a
significant discount from what the player paid and the club is charged the exaggerated value of
airfares.”
26. Accordingly, the Respondent requested the following relief:
“please re-request the player regarding the value of airline tickets with the following amounts
deducted from the player's dues.
Amount 10,000 riyals is the disciplinary penalty issued by the Saudi Football Arabian
Federation, which was deducted from the club’s dues to the Federation.
An amount of 13550 Saudi riyals the value of traffic violations committed by the player USD
309.05 is the penalty for 4 yellow cards and suspension for a match.”
c. Rejoinder of the Claimant
27. In his rejoinder, the Claimant’s position remained unchanged.
28. He contested the validity of fines and that such deductions were unlawful and did not have
any contractual basis. In any event, the Claimant mentioned that “the alleged player’s debt
to Saudi FA and General Traffic Department – if true -, is a SEPARATE MATTER from the player
that has not relation to the club neither to his monthly remuneration that remains unpaid. The
club is not entitled in any case to unilaterally deduct these amounts from the player's salary”.
29. The Claimant’s request for relief remained unchanged.
d. Final comments of the Respondent
30. In its final comments, the Respondent’s position also remained unchanged. The Club
mentioned the following “With regard to the fine imposed by the Saudi Arabian Football
Federation imposed on the player, it has been deducted from the club's dues with the Saudi
Arabian Football Federation, and traffic violations are registered as a debt on the club with the
General Directorate of Traffic”. The Respondent also insisted that it was the SAFF that
imposed the fine and the Respondent should not be responsible for it.
31. As to the flight ticket, the Respondent reiterated that the Claimant did not arrange with it
regarding his annual leave due or buy airline tickets for him and his family to return to his
country and did not address the club through the official e-mail. The Respondent
mentioned that it could have bought the flight tickets at a lower price.
pg. 11
REF. FPSD-15397
32. The Respondent’s request for relief remained unchanged.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
33. 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 29 July 2024 and submitted for
decision on 30 October 2024. Taking into account the wording of art. 34 of the March 2023
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.
34. 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 (June 2024 edition), the Single Judge 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 Saudi club.
35. 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. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 29 July 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
36. 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
37. 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
pg. 12
REF. FPSD-15397
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.
i. Main legal discussion and considerations
38. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant is requesting outstanding remuneration arising from the Contract.
39. In particular, the Single Judge observed that the Claimant requested the payment of the
salaries between November and June 2024. The Respondent, on the other hand, did not
contest that the amounts remained unpaid, but requested that some fines and traffic
offences be deducted.
40. In this context, the Single Judge acknowledged that her task was to determine which were
the due amounts.
41. In doing so, the Single Judge first recalled that the Respondent deducted SAR 10,000 from
the Claimant’s salary, which was a fine allegedly issued by the Disciplinary and Ethics
Committee of the SAFF on 25 December 2023. However, the Single Judge observed that (i)
the Contract did not include a specific clause allowing the Respondent to deduct any such
amount from the Claimant’s salaries, (ii) the Claimant was only notified of this deduction in
March 2024, i.e., three months after the alleged decision; and (iii) there was no evidence
that the Respondent duly notified the Claimant on a reasonable time to provide his
position. Therefore, the Single Judge concluded that such deduction could not be enforced.
42. As to the other fines informed to the Player via letters, the Single Judge considered that
they did not follow a due process. Moreover, the Single Judge noted that the procedure
described in clause 8 of the Contract was not followed in that: (i) the two letters sent on 27
February 2024 only granted the Claimant 24 hours for the Claimant to provide his position;
and (ii) the Respondent directly applied a “fine”, which was not proportional as per the same
Contract. Therefore, the Single Judge concluded that this deduction should be also set
aside.
43. Finally, the Single Judge referred to the traffic offences and noted that such deduction lacks
contractual basis, and consequently, shall not apply.
44. On the basis of the foregoing considerations, the Single Judge concluded that the Claimant
should be awarded the full outstanding remuneration claimed on the basis of the general
legal principle of pacta sunt servanda, in the total amount of EUR 49,448 net.
45. The Single Judge also decided that the Claimant is entitled to the reimbursement of the
flight tickets in the amount of BRL 18,457.08. In this regard, the Single Judge mentioned
that (i) the Claimant’s entitlement was contractually agreed, (ii) the Contract did not
pg. 13
REF. FPSD-15397
determine that the Respondent should be the one issuance the tickets and/or did not set
out any particular procedure in this regard; and (iii) the Claimant provided evidence as to
the payment.
46. In addition, the Single Judge determined that the Claimant is also entitled to interest at the
rate of 5% p.a. from the day following each due date until the date of effective payment.
ii. Art. 12bis of the Regulations
47. Having stated the above, the Single Judge referred to art. 12 bis 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. 12 bis
par. 4 of the Regulations.
48. 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 10 days to remedy their default.
49. 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. 12 bis of the Regulations were met in the case at hand.
50. The Single Judge further established that by virtue of art. 12 bis par. 4 of the Regulations,
she has competence to impose sanctions on the Club. On account of the above and bearing
in mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning on the Respondent in accordance with art. 12 bis par. 4 lit. a)
of the Regulations.
51. In this connection, the Single Judge highlighted that a repeat offence will be considered as
an aggravating circumstance and lead to more severe penalty in accordance with art. 12
bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
52. 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 her 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.
53. 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
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REF. FPSD-15397
overall maximum duration of the registration ban shall be of up to three entire and
consecutive registration periods.
54. 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.
55. 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.
56. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to her complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
57. 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.
58. 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.
59. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 15
REF. FPSD-15397
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Luiz Eduardo Figueiredo, is partially accepted.
2.
The Respondent, Al Kawkb, must pay to the Claimant the following amount(s):
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 December
2023 until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 January
2024 until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 February
2024 until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 March 2024
until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 April 2024
until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 June 2024
until the date of effective payment;
- USD 6,181 net as outstanding remuneration plus 5% interest p.a. as from 1 July 2024
until the date of effective payment;
- BRL 19,457.08 as outstanding amount plus 5% interest p.a. as from 3 April 2024 until
the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
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:
pg. 16
REF. FPSD-15397
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 17
REF. FPSD-15397
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 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. 18