Labour Disputes
Texto da decisão
REF. FPSD-15294
Decision of the
Dispute Resolution Chamber
passed on 12 September 2024
regarding an employment-related dispute concerning the player Alexis Flips
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Andre DOS SANTOS MEGALE (Brazil), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT:
Alexis Flips, France
Represented by Nazım Burçin Çelen
RESPONDENT:
MKE Ankaragucu SK, Türkiye
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REF. FPSD-15294
I. Facts of the case
1.
On 16 February 2024, the French player Alexis Flips (hereinafter: the Player or the Claimant)
and the Turkish club MKE Ankaragucu SK (hereinafter: the Club or the Respondent) entered
into an employment contract valid as from the signing date to 30 June 2024 (hereinafter:
the Contract).
2.
Pursuant to clause 3 of the Contract, the Club undertook to pay to the Player, inter alia, the
following amounts:
•
EUR 100,000 net on 6 February 2024;
•
EUR 350,000 net, payable as follows:
o
o
o
o
o
3.
EUR 70,000 net on 28 February 2024;
EUR 70,000 net on 31 March 2024;
EUR 70,000 net on 30 April 2024;
EUR 70,000 net on 31 May 2024;
EUR 70,000 net on 30 June 2024.
Furthermore, the same clause 3 of the Contract also reads as follows:
“1. The minimum net wage payment to be accrued on behalf of the player in accordance
with the Contract or declared payments to the social security institution are (written in
the 3- PAYMENTS AND SPECIAL PROVISIONS article above) paid in the salaries and the
player shall declare, accept and undertake not to demand additionally monthly
minimum net wage or the amount declared to the social security institution. All fees to
be paid to the Player under this contract are net. If any kind of tax arises about the Player
due to this contract in Turkey, it will be paid by the Club.
2. Bonus payments to be made to the player are valid exclusively for the official matches
that the Club A Team will play in the Official League competitions. Bonus payments are
not paid for Cup, Super Cup and UEFA special matches, friendly matches, A2 team
matches and other competitions. Only the statistics in the official league competitions
are taken into account in all bonus payments to be made for the player”.
II. Proceedings before FIFA
4.
On 19 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
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REF. FPSD-15294
a. Claim of the Player
5.
In his claim, the Player alleged that the Club had failed to fulfil its financial obligations under
the Contract. He requested an award of EUR 255,000 net, corresponding to part of the
instalment due in March 2024 and the full instalments due in April, May, and June 2024.
6.
The Player’s requests for relief were as follows, quoted verbatim:
“7.1. The Claimant request your Chamber to make a decision that the Respondent has to
pay the overdue net amount of €255.000,00.- (two hundred and fifty-five thousand Euros)
as of today with its interest at the rate of 5% per annum as from the dates stipulated
herein below respectively until the date of effective payment
45.000,00.-Euro
70.000,00.- Euro
70.000,00.- Euro
70.000,00.-Euro
31.03.2024
30.04.2024
31.05.2024
30.06.2024
7.2. In consideration of the fact that the Respondent has caused the Claimant to file the
case herein, we would like to request your Chamber to make a decision that the judicial
costs and the legal fees that the Claimant is faced with shall be fully paid by the
Respondent”.
b. Reply of the Club
7.
On 13 August 2024, the Club responded to the Player’s claim, stating that it had paid EUR
205,000 over the entire term of the Contract. As a result, the Club admitted that it owed
the Player EUR 245,000 instead of the claimed EUR 255,000.
8.
In support of its argument, the Club provided evidence of payments to the Player as
follows:
•
•
•
•
EUR 100,000 on 8 February 2024;
EUR 10,000 on 9 April 2024;
EUR 60,000 on 16 May 2024; and
EUR 35,000 on 23 May 2024.
c. Additional comments of the Player
9.
On 14 August 2024 and at the request of the FIFA general secretariat, the Player submitted
additional comments regarding the payments allegedly made by the Club.
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REF. FPSD-15294
10. The Player acknowledged receipt of all amounts and stated that they had already been
deducted from his calculations. However, he argued that the payment of EUR 10,000 made
on 9 April 2024 was not part of a salary but was made as “an incentive/bonus before an
important league match”.
11. Consequently, the Player claimed that the EUR 10,000 should not be deducted from his
claim. He reiterated his requests for relief.
d. Additional comments of the Club
12. On 15 August 2024, also at the request of the FIFA general secretariat, the Club submitted
its comments on the Player’s latest submission. In particular, the Club insisted that “the EUR
10,000 payment was made for the contractual obligations of the club” and that “it is not a bonus
payment”.
13. The Club referred to Swiss law and argued that the Player’s claim should be rejected.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Dispute Resolution Chamber (hereinafter: the 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 July 2024 and submitted for decision on
12 September 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.
15. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (June 2024 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.
16. 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 (June 2024 edition) and
considering that the present claim was lodged on 19 July 2024, the cited edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
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REF. FPSD-15294
b. Burden of proof
17. 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
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
18. Having established the competence and the applicable regulations, 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
assessing the matter at hand.
i. Main legal discussion and considerations
19. The Chamber then proceeded to the substance of the case and found that it concerned a
claim for outstanding remuneration brought by the Player against the Club on the basis of
the Contract.
20. According to the Player, he should have received EUR 450,000 for the duration of the
Contract (i.e., signing fee and salaries), of which only EUR 195,000 had been paid. As a
result, the Player requested that the balance of EUR 255,000 (i.e., part of the second
instalment and the entirety of the subsequent quotas) be awarded to him.
21. On the other hand, the Club provided evidence that it had paid him EUR 205,000, as follows:
Date of payment
Amount (EUR)
Reference
8 February 2024
100,000
SIGN ON PAYMENT
9 April 2024
10,000
-
16 May 2024
60,000
FEBRUARY PARTIAL SALARY PAYMENT
23 May 2024
35,000
-
22. In this context, the DRC first acknowledged that the Player’s claim for EUR 245,000 was
uncontested and should therefore be awarded with interest as from the due date of each
respective instalment.
23. Notwithstanding the above, the DRC also acknowledged that the only dispute between the
parties concerned the nature of the payment of EUR 10,000 made by the Club to the Player
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REF. FPSD-15294
on 9 April 2024. According to the Player, this amount was in fact an incentive bonus paid
by the Club before an important match, whereas the Club argues that it was part of his
remuneration and should therefore be deducted from his debt.
24. In this regard, the Chamber stressed that the Club initially had the burden of proving that
it had fulfilled its financial obligations. However, this burden shifted to the Player once he
confirmed that he had indeed received the EUR 10,000 but argued that it was not part of
his remuneration.
25. The DRC emphasized that it was up to the Player to substantiate his position that the
payment in question was in fact linked to a bonus. For example, the Chamber considered
that the Player should have explained the context of the alleged “important match” and
provided supporting evidence in this respect (e.g., individual incentive vs. group incentive?
Who was the payer? Were there any witnesses? Was there a quid pro quo?).
26. On the contrary, the Chamber gave particular weight to the facts that: (i) the Player confined
himself to referring to the “incentive”; (ii) the proof of payment is unreferenced; (iii) the Club
appears to have been in the habit of making random payments to the Player, which were
far below his salaries and were never disputed; and (iii) the EUR 10,000 plus the subsequent
EUR 60,000 added up to one of his monthly instalments and were therefore mathematically
logical; and (iv) the Player never placed the Club in default, even if a significant portion of
his remuneration remained outstanding for the entire duration of the Contract.
27. On the basis of all the foregoing, the Chamber decided that the Player has failed to meet
his burden of proof and that the payment of EUR 10,000 shall be deducted from his
outstanding remuneration.
28. Therefore, the Player was awarded the following amounts:
•
•
•
•
EUR 35,000 net plus 5% interest p.a. from 1 April 2024;
EUR 70,000 net plus 5% interest p.a. from 1 May 2024;
EUR 70,000 net plus 5% interest p.a. from 1 June 2024; and
EUR 70,000 net plus 5% interest p.a. from 1 July 2024.
ii. Compliance with monetary decisions
29. 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.
30. 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
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REF. FPSD-15294
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.
31. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
32. The Club 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.
33. 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
34. 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 agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
35. 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.
36. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-15294
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Alexis Flips, is partially accepted.
2.
The Respondent, MKE Ankaragucu SK, must pay to the Claimant the following amount(s):
- EUR 35,000 net as outstanding remuneration plus 5% interest p.a. as from 1 April 2024
until the date of effective payment;
- EUR 70,000 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment;
- EUR 70,000 net as outstanding remuneration plus 5% interest p.a. as from 1 June 2024
until the date of effective payment; and
- EUR 70,000 net as outstanding remuneration plus 5% interest p.a. as from 1 July 2024
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.
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REF. FPSD-15294
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
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REF. FPSD-15294
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
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