DRC Overdue Payables
Texto da decisão
REF. FPSD-14591
Decision of the
Dispute Resolution Chamber
passed on 25 June 2024
regarding an employment-related dispute concerning
the player Andre Gray
BY:
Andre DOS SANTOS MEGALE (Brazil), Single Judge of the DRC
CLAIMANT:
Andre Gray, England
Represented by Gianpaolo Monteneri & Anna Smirnova
RESPONDENT:
ARIS FC, Greece
pg. 2
REF. FPSD-14591
I. Facts of the case
1.
On 3 July 2022, the English player, Andre Gray (hereinafter: Claimant or player) and the
Greek club, ARIS FC (hereinafter: club or Respondent) concluded an employment contract.
2.
On 1 September 2023, the parties concluded a termination agreement, according to which
the club undertook to pay the Claimant the following amounts as compensation:
- EUR 150,000 net on 1 October 2023;
- EUR 150,000 net on 1 January 2024;
- EUR 150,000 net on 1 March 2024;
- EUR 150,000 net on 1 July 2024.
3.
On 17 April 2024, the Claimant put the Respondent in default and requested payment of
EUR 150,000, corresponding to the third instalment of the settlement agreement, setting a
10 days’ time limit in order to remedy the default.
II. Proceedings before FIFA
4.
On 9 May 2024, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of the Claimant
5.
In his claim, the Claimant requested payment of EUR 150,000, corresponding to the third
instalment of the settlement agreement, plus 5% interest p.a. as of 2 March 2024.
6.
According to the player, the club failed to remit the third instalment of the termination
agreement, even after he put the club in default.
b. Position of the Respondent
7.
In its reply, the club acknowledged its debt and promised “to pay as soon as possible”.
8.
However, the Respondent argued that interest should only apply as of the date of claim.
pg. 3
REF. FPSD-14591
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
First of all, the Single Judge (hereinafter also referred to as Single Judge) analysed whether
he was competent to deal with the case at hand. In this respect, he took note that the
present matter was presented to FIFA on 9 May 2024 and submitted for decision on 25 June
2024. Taking into account the wording of art. 34 of the May 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.
10. Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (February 2024),
he is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a player and a club.
11. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (February 2024 edition),
and considering that the present claim was lodged on 9 May 2024, the February 2024
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
12. 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 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
13. His competence and the applicable regulations having been established, 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
documentation on file. However, the Single Judge 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.
pg. 4
REF. FPSD-14591
i. Main legal discussion and considerations
14. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the matter at hand concerns a claim of a player
against a club for overdue payables.
15. In this context, the Single Judge acknowledged that his task was to decide if the player was
indeed entitled to the claimed amounts.
16. The Single Judge noted that according to the player, the club failed to remit the third
instalment of the termination agreement.
17. Furthermore, the Single Judge duly noted that the Respondent acknowledged its debt but
held that interest should only apply as of the date of claim.
18. In this framework, the Single Judge wished to emphasize that in the case at hand the
Respondent bore the burden of proving that it indeed complied with the financial terms of
the contract concluded between the parties.
19. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
we propose to award the player the amount of EUR 150,000, plus 5% interest as of 2 March
2024 (day after the due date).
20. The Single Judge decided to reject the club’s argumentation regarding the application of
interest, as the payment undisputedly fell due on 1 March 2024.
21. In continuation, the Single Judge referred to art. 12bis 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. 12bis
par. 4 of the Regulations.
22. To this end, the Single Judge confirmed that the player put the club in default of payment
of the amounts sought, which had fallen due more than 30 days before, and granted the
club a 10-day deadline to cure such breach of contract.
23. Accordingly, the Single Judge confirmed that the club had delayed a due payment without
a prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
pg. 5
REF. FPSD-14591
24. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations he
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 club in accordance with art. 12bis par. 4 lit. a)of the
Regulations.
25. In this connection, the Single Judge highlighted that a repeated offence will be considered
as an aggravating circumstance and lead to a more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
ii. Compliance with monetary decisions
26. 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 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.
27. 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
overall maximum duration of the registration ban shall be of up to three entire and
consecutive registration periods.
28. 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.
29. 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.
30. The Single Judge 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.
pg. 6
REF. FPSD-14591
d. Costs
31. 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.
32. 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.
pg. 7
REF. FPSD-14591
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Andre Gray, is accepted.
2.
The Respondent, ARIS FC, must pay to the Claimant the following amount(s):
- EUR 150,000 net plus 5% interest p.a. as from 2 March 2024 until the date of effective
payment.
3.
A warning is imposed on the Respondent.
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.
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
pg. 8
REF. FPSD-14591
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 9