Labour Disputes
Texto da decisão
REF FPSD-8567
Decision of the
Dispute Resolution Chamber
passed on 28 February 2023
regarding an employment-related dispute concerning the player Jesús
Alejandro Gómez Molina
BY:
Mario FLORES CHEMOR (Mexico)
CLAIMANT:
Jesús Alejandro Gómez Molina, Mexico
RESPONDENT:
Boavista FC, Portugal
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REF FPSD-8567
I. Facts of the case
1. The player and Boavista FC concluded an employment contract valid as from 20 August
2020 until 30 June 2021.
2. The contract stipulated, inter alia, the following:
“4 - The PLAYER is entitled to the flight tickets to and from his country of origin – Mexico”
3. On 28 November 2022, the player sent a default notice with the following contents:
“Upon request of your club via email, the invoices concerning the expenses incurred in flights
were sent for reimbursement by the player’s agent, Mr. MATIAS BUNGE. The latter had made the
payments on behalf of the Player until club paid them pursuant to his employment contract as
above referred. Such invoices for flights, which are already in your possession, amount to the
total of 3.170.-USD (that calculated as 9.296,48 Mexican Pesos, which convert to 475 dollars +
2.965.-USD)”
II. Proceedings before FIFA
4. On 13 December 2022, the player lodged a claim before FIFA for outstanding
remuneration and requested the payment of USD 3,170, plus 5% interest p.a. as from 14
December 2021.
5. In support of his claim, the player provided the following documents:
- Invoice dated 12 December 2020 from AeroMexico for the amount of MXN (Mexican
pesos) 2,690, for a flight ticket for “RIOS/MARTHAELENA”;
- Invoice dated 12 December 2020 from AeroMexico for the amount of MXN (Mexican
pesos) 2,690, for a flight ticket for “MOLINA/LAURA”;
- Invoice from “Expedia” for the following flights:
o Passengers: Laura ENRIQUETA Molina and Martha Elena Rios
o Price: USD 2,695.64
o Journey: Mexico City-Madrid-Porto on 14 December 2020 , with return on 12
March 2021.
- Invoice from “Viva Aerobus”, dated 12 December 2020, for the amount of MXN 2,956
6. The player also requested the payment of “an additional amount of at least 5,000.-EUROS
as contribution to the legal costs assumed by him derived from these proceedings”.
7. In its reply, the Respondent considered the matter to be time-barred since the claimed air
tickets refer to a travel occurred on 12 December 2020, i.e. more than two years before the
claim.
8. The Respondent explained that it had financial difficulties due to the consequences of
COVID-19 and therefore considered it to be under a situation of force majeure.
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REF FPSD-8567
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as the Single Judge) analysed whether it was competent to deal with the case at hand.
In this respect, he took note that the present matter was presented to FIFA on 13
December 2022 and submitted for decision on 28 February 2023. Taking into account the
wording of art. 34 of the October 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 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 lit. b) of the
Regulations on the Status and Transfer of Players (October 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 Mexican player
and a Portuguese club.
3.
Subsequently, the Single Judge 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 (October 2022 edition),
and considering that the present claim was lodged on 13 December 2022, the October
2022 edition of said regulations (hereinafter: the Regulations) is applicable to the matter
at hand as to the substance.
b. Admissibility
4.
At this point, the Single Judge referred to art. 23 par. 3 of the Regulations, which stipulates
that the decision-making bodies of FIFA shall not hear any dispute if more than two years
have elapsed since the facts leading to the dispute arose. The application of this time limit
shall be examined ex officio in each individual case.
5.
In this context, the Single Judge recalled that the present claim was lodged in front of FIFA
on 13 December 2022. Therefore, in line with art. 23 par. 3 of the Regulations, any
amounts fallen due before 13 December 2022 are affected by the statute of limitations.
6.
The Single Judge noted that, in the present case, the Claimant inter alia requested the
reimbursement of air tickets purchased for the passengers quoted in point I. 5 above on
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REF FPSD-8567
12 December 2022. The Single Judge thus concluded that the Claimant’s request is entirely
time-barred.
7.
Besides, in obiter dicta, the Single Judge further wished to emphasize that, following the
contract concluded between the parties, only the player himself and not his relatives or
friends would be entitled to flight tickets to and from his country of origin (cf. point I.2
above).
c. Costs
8.
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 Chamber decided that no procedural costs were
to be imposed on the parties.
9.
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.
10. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for
relief made by any of the parties.
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REF FPSD-8567
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jesús Alejandro Gómez Molina, is inadmissible.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF FPSD-8567
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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