Labour Disputes
Texto da decisão
REF. FPSD-10529
Decision of the
Dispute Resolution Chamber
passed on 31 August 2023
regarding an employment-related dispute concerning
the player Jean-Philippe Gbamin
COMPOSITION:
Lívia Silva Kägi (Brazil), Deputy Chairperson
Stijn Boeykens (Belgium), Member
Calum Beattie (Scotland), Member
CLAIMANT / COUNTER-RESPONDENT:
Jean-Philippe Gbamin, France
Represented by Salvatore Civale
RESPONDENT / COUNTER-CLAIMANT:
TRABZONSPOR A.S., Türkiye
Represented by Duygu Yaşar
pg. 2
REF. FPSD-10529
I. Facts of the case
1.
On 26 August 2022, the French player, Jean-Philippe Gbamin (hereinafter: the player) and
the Turkish club, Trabzonspor Futbol (hereinafter: the club) signed an employment contract
in the form of a federative contract and a private contract (hereinafter: the federative
contract and the private contract, respectively), valid as from the date of its signature until
31 May 2023.
2.
In accordance with clause 5 of the private contract, the club undertook to pay to the player
– inter alia – the following remuneration:
3.
-
EUR 1,500,000 net divided in 10 salaries of EUR 150,000 net each (payable between
31 August 2022 and 31 May 2023);
-
EUR 800,000 net as sign-on fee, payable as follows:
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EUR 677,000 divided in 1 instalment of EUR 250,000 and 7 instalments of EUR
61,000 (payable between 31 August 2022 and 1 April 2023);
-
EUR 61,000 payable by 30 April 2023;
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EUR 61,000 payable by 31 May 2023.
According to clause 7 of the private contract, the club undertook to provide the player the
following benefits:
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Accommodation with a monthly rent of up to EUR 2,000, the player covering any
further costs related to the housing;
-
A car, the player covering any costs related to the car “other than tax and
maintenance”;
-
2 business class return flight tickets Trabzon – France for the season 2022/2023.
4.
On 7 March 2023, the player signed a document, thereby authorizing the club to deduct
the amount of TL 12,740 (EUR 429) from the player’s contractual remuneration as “condo
fee”, i.e. additional housing costs, for the months of November, December (2022), January
and February (2023) (document on file – page 20 of the reply and counterclaim).
5.
On 25 April 2023, the player signed a document accepting the amount of TL 40,991 (EUR
1,380) be deducted from his contractual entitlements as flight ticket’s expenses from
Trabzon to Paris (document on file – page 22 of the reply and counterclaim).
pg. 3
REF. FPSD-10529
6.
On 5 May 2023, the player signed a document, thereby authorizing the club to deduct the
amount of TL 9,060 (EUR 305) from the player’s contractual remuneration as “condo fee”,
i.e. additional housing costs, for the months of March, April and May (2023) (document on
file – page 25 of the reply and counterclaim).
7.
On 15 May 2023, the player signed a document with the following content: “I hereby agree
and accept that 5,000 Euro shall be deducted from my salary and transferred to the account of
Emrah TOK for the aid collected on behalf of Alaattin Kazanci” (document on file – page 26 of
the reply and counterclaim).
8.
After several default notices sent by the player to the club and a partial payment made by
the latter, the player put the club in default of payment on 1 June 2023, thereby requesting
the club to proceed with the payment of the amount of EUR 423,000 within a deadline of
10 days.
II. Proceedings before FIFA
a. Claim of the player
9.
On 12 June 2023, the player lodged a claim against the club before FIFA, requesting to be
awarded outstanding remuneration in the total amount of EUR 423,000, plus 5% interest
p.a. as from the respective due dates until the date of effective payment, broken down by
the player as follows:
- EUR 150,000 net corresponding to the salary due by 30 April 2023;
- EUR 61,000 corresponding to the instalment of the sign-on fee payable by 30 April 2023;
- EUR 150,000 net corresponding to the salary due by 31 May 2023;
- EUR 62,000 corresponding to the instalment of the sign-on fee payable by 31 May 2023.
10. In his claim, the player argued that despite having duly entered into the federative contract
and the private contract, the club failed to respect its contractual obligations towards the
player even after having been put in default of payment.
b. Reply and counterclaim of the club
11. In its reply and counterclaim, lodged on 13 July 2023, the club argued – inter alia – the
following:
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REF. FPSD-10529
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That it paid the outstanding amounts of EUR 423,000 requested by the player on 3
July 2023 (exhibit 3; page no. 19 of the reply to the claim and counterclaim).
-
That, between March and June 2023, the club incurred in costs of EUR 7,802 as
housing costs, flight tickets’ expenses, car expenses and “aid for Alaattin Kazanci”,
which were covered by the club and to which the player is not referring, as follows:
12. In its request for relief, the club requested to be reimbursed the abovementioned amount
of EUR 7,802, plus the corresponding default interest, on the grounds that the player was
not entitled to have those expenses covered by the club but had contractually agreed on
assuming those himself.
c. Player’s reply to the club’s counterclaim
13. In his reply to the counterclaim, which was submitted by the player outside of the deadline
granted by the FIFA general secretariat, the player simply rejected the entitlement of the
club to be awarded the amount of EUR 7,802, insofar as the club had undertaken to pay
him a housing rent of up to EUR 2,000, as well as flight tickets and a car as per clause 7 of
the private contract and the nature of the expenses claimed by the club falls within those
concepts.
14. The player did not make any mention to the argument of the club that it paid him the
amount of EUR 423,000 on 3 July 2023 and reiterated his previous request for relief.
pg. 5
REF. FPSD-10529
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. 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 12 June 2023 and submitted
for decision on 31 August 2023. 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.
16. 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 May 2023 edition), the Dispute Resolution
Chamber is – in principle – 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.
17. However, the DRC deemed it relevant to note that, even though the competence of FIFA is
not disputed, the admissibility of the player’s reply to the counterclaim shall be analysed,
in view of the late nature of its submission. In this respect, the Chamber acknowledged that
the FIFA general secretariat granted the player a deadline until 1 August 2023 to provide
his comments to the club’s reply and counterclaim cf. art. 21 para. 4 of the Procedural
Rules.
18. In this respect, the DRC further noted that the player only provided his comments on 2
August 2023. Consequently – and in accordance with art. 21 para. 6 of the Procedural Rules
– the DRC concluded that the submission of the player shall not be taken into
consideration, as it was filed outside of the deadline granted to the player to do so.
19. 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 (May 2023 edition) and
considering that the present claim was lodged on 12 June 2023, the May 2023 edition
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
20. 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.
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REF. FPSD-10529
21. 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
22. 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
23. The foregoing having been established, the Chamber moved to the substance of the matter
and acknowledged that it remains undisputed that, on 3 July 2023, i.e. in the course of the
present proceedings, the club proceeded with the payment of the outstanding amount
claimed by the player in his claim. In particular, the club provided a SWIFT where it is
confirmed that the club paid to the player the amount of EUR 425,788 on 3 July 2023 (see
exhibit no. 3 to the reply and counterclaim; page no. 19 thereof), which would cover the
principal amount requested by the player.
24. However, continued the Chamber, as the player requested to be awarded default interest,
the following calculations shall be followed:
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Principal amount due: EUR 423,000
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Interest at the rate of 5% p.a. on the amount of:
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EUR 211,000 (250,000 + 61,000) as from 1 May 2023 until 3 July 2023 = EUR
1,759 (2 months: May and June 2023);
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EUR 212,000 as from 1 June until 3 July 2023 = 884 (1 month: June 2023).
Total amount payable as interest: EUR 2,643 (1,759 + 884).
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Principal amount due + applicable default interest: EUR 425,643
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Amount paid by the club to the player on 03.07.23: EUR 425,788
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Result: the club overpaid an amount of EUR 145 (which is not being claimed by
the club in the present proceedings).
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REF. FPSD-10529
25. In view of the abovementioned considerations and calculations, the DRC concluded that
the club – albeit in a late fashion – complied with its contractual obligations (principal +
interest) towards the player.
26. As for the counterclaim of the club, the Chamber underscored the following:
-
Additional housing costs (other than the rent): the club provided documents signed
by the player, whereunder the latter agreed on the club deducting the total amount
of TL 21,800 (EUR 734 approx.) as housing expenses, which could be covered by the
player cf. clause 7 of the private contract if those were in excess of what the club
undertook to pay (which also remained undisputed, considering that the player only
submitted his defence to the club’s counterclaim outside of the deadline granted).
Thus, the Chamber decided that the club shall be reimbursed the said amount.
-
Flight tickets’ expenses: despite the existence of the document dated 25 April 2023,
whereunder the player agreed on the amount of TL 40,991 (EUR 1,380) be deducted
from his contractual entitlements as flight ticket’s expenses from Trabzon to Paris,
insofar as the club was contractually obliged to cover those expenses (see clause 7
of the private contract) and no further evidence has been provided by the club to
demonstrate that it already complied with its obligation to provide 2 business class
flight tickets Trabzon – Paris, the DRC determined that the said petitum shall be
rejected, as the club had the obligation to cover those expenses.
-
“Aid for Alaattin Kazanci”: despite the existence of the document dated 15 May 2023,
the Chamber concluded that said document needs to be disregarded on the
following grounds: 1.) it does not specify from which salaries can the amount of EUR
5,000 be deducted; 2.) there is little information as to the reasoning eventually
allowing such deduction and no further information in this respect has been
presented by the club. Thus, the DRC specifically decided that said document shall
produce no effects.
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“Auto key replacement costs”: no supporting document has been provided by the club
to demonstrate any such expense and, therefore, the DRC decided that said petitum
shall be rejected.
ii. Consequences
27. Having stated the above, the members of the Chamber turned their attention to the
question of the consequences of the present dispute and determined that the player shall
be ordered to pay to the club the amount of TL 21,800 (EUR 734 approx.) as reimbursement
of additional housing costs, in accordance with the legal principle: pacta sunt servanda.
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REF. FPSD-10529
28. Equally, the Chamber decided that, taking into consideration the club’s request as well as
the constant practice of the Chamber in this regard, the club shall be awarded interest at
the rate of 5% p.a. on the amount of TL 21,800, as from 13 July 2023 (date on which the
counterclaim was lodged by the club) until the date of effective payment.
iii. 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 Chamber highlighted that, against players, the consequence of the
failure to pay the relevant amounts in due time shall consist of a restriction on playing in
official matches up until the due amounts are paid. The overall maximum duration of the
restriction shall be of up to six months.
31. Therefore, bearing in mind the above, the Chamber decided that the player must pay the
full amount due (including all applicable interest) to the club within 45 days of notification
of the decision, failing which, at the request of the creditor, a restriction on playing in official
matches for the maximum duration of six months shall become immediately effective on
the player in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
32. The player shall make full payment (including all applicable interest) to the bank account
provided by the club in the Bank Account Registration Form, which is attached to the
present decision.
33. The Chamber 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.
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REF. FPSD-10529
36. 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 / Counter-Respondent, Jean-Philippe Gbamin, is rejected.
2.
The claim of the Respondent / Counter-Claimant, TRABZONSPOR A.S., is partially accepted.
3.
The Claimant / Counter-Respondent must pay to the Respondent / Counter-Claimant the
following amount:
- TL 21,800 as outstanding remuneration plus 5% interest p.a. as from 13 July 2023 until
the date of effective payment.
4.
Any further claims of the Respondent/Counter-Claimant are rejected.
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 Claimant/Counter-Respondent shall be imposed with a restriction on playing in
official matches up until the due amounts are paid. The overall maximum duration of
the restriction shall be of up to six months on playing in official matches.
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-10529
7.
The consequences shall only be enforced at the request of the Respondent/CounterClaimant 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
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
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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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