DRC Overdue Payables
Texto da decisão
REF. FPSD-17255
Decision of the
Dispute Resolution Chamber
passed on 10 March 2025
regarding an employment-related dispute concerning
the player Mateusz Hołownia
BY:
Stijn BOEYKENS (Belgium)
CLAIMANT:
Mateusz Hołownia, Poland
Represented by Grzegorz Knap
RESPONDENT:
Royal Hastanesi Bandirmaspor, Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-17255
I. Facts of the case
1.
On 2 July 2022, the Polish player Mateusz Hołownia (hereinafter, the Claimant or the Player)
and the Turkish club Royal Hastanesi Bandirmaspor (hereinafter, the Respondent or the
Club) concluded an employment contract (hereinafter, the Contract) valid until 31 May 2024.
2.
Pursuant to Clause 6 of the Contract, the Club undertook to pay the Player (hereinafter,
jointly referred to as the Parties) the following fixed remuneration:
a.
2022/2023 season:
- EUR 31,500 net as advance payment, payable upon signature of the Contract;
- EUR 110,000 net as salary, payable in 10 equal instalments of EUR 11,000 net each
between 20 September 2022 and 20 June 2023; and
- EUR 7,000 net as car and accommodation allowances, payable in 10 equal
instalments of EUR 7,000 net each between 20 September 2022 and 20 June 2023.
b.
2023/2024 season:
- EUR 32,500 net as advance payment, payable between 20 July 2023 and 20 August
2024;
- EUR 120,000 net as salary, payable in 10 equal instalments of EUR 12,000 net each
between 20 September 2023 and 20 June 2024;
- EUR 7,000 net as car and accommodation allowances, payable in 10 equal
instalments of EUR 7,000 net each between 20 September 2023 and 20 June 2024.
3.
On 23 November 2023, the Player put the Club in default, requesting the payment of the
advance payment for the 2023/2024 season, and his monthly remuneration and car and
accommodation allowances for August, September and October 2023. The Player granted
the Club a deadline of fifteen days to comply with its financial obligations.
4.
On 29 May 2024, the Club imposed a penalty of EUR 6,080 on the Player after he allegedly
failed to participate in five training sessions in Bandirma, in particular, on 28 and 29
February, and on 1, 5 and 6 March 2024. The Club informed the Player that the
aforementioned penalty would be set off from his receivables.
5.
On 4 September 2024, the Player again put the Club in default, requesting the payment of
EUR 32,500 net as advance payment for the 2023/2024 season, and EUR 32,020 net as
outstanding remuneration and car and accommodation allowance, after having deducted
the penalty imposed by the Club on 29 May 2024.
pg. 3
REF. FPSD-17255
II. Proceedings before FIFA
6.
On 27 November 2024, the Claimant filed the claim at hand before FIFA. A summary of the
Parties’ position is detailed below.
a. Position of the Claimant
7.
The Player asserted that the Club was in permanent delay in paying his remuneration
during the entire term of the Contract. In particular, the Player argued that, after deducting
the fine of EUR 6,080, a net amount of EUR 64,520 remained outstanding at the end of the
Contract, per the following amounts and concepts:
- EUR 1,000 net for the salary and car and apartment allowance for December 2023;
- EUR 11,700 net for the salary and car and apartment allowance for April 2024;
- EUR 12,700 net for the salary and car and apartment allowance for May 2024;
- EUR 12,700 net for the salary and car and apartment allowance for June 2024; and
- EUR 32,500 net as advance payment which, according to the Player.
8.
As to the amount of EUR 32,500 net as advance of payment, the Player argued that even
though the Contract stipulates that it would be payable between 20 July 2023 and 20 August
2024, the final due date was 20 August 2023. In this regard, the Player contended that this
conclusion rests upon the essential nature of an “advance payment”, which “is intended to
be mate in advance often as a prerequisite to other scheduled payments”. The Player further
asserted that the interpretation of a contractual clause must follow the general rules of
contract interpretation, being the primary objective to determine the parties’ true and
common intention. According to the Player, the clear agreement between the Parties was
to set the advance payment deadline to 20 August 2023.
9.
In light of the foregoing, and based on the legal principle of pacta sunt servanda, the Player
claimed to be entitled to EUR 64,520 net, from which EUR 32,020 net represent the
outstanding remuneration and car and accommodation allowance (after deducting the fine
imposed by the Club) and EUR 32,500 net represent the advance payment for the
2023/2024 season. The Player also claimed to be entitled to interest on the late payments
made throughout the term of the Contract, as from the day following their due dates until
their payment.
10. The Player requested the following relief:
(1) The Claimant kindly requests the honourable FIFA FT to adjudicate that the FIFA FT do
have jurisdiction on the present case and that the Claim is admissible.
pg. 4
REF. FPSD-17255
(2) The Claimant kindly requests the honourable FIFA FT to condemn the Respondent to
pay to the Claimant
1. The outstanding salary and car & accommodation allowance under the Contract in
the total amount of EUR 38,100 net decreased by the disciplinary penalty of EUR
6,080, i.e. in total EUR 32,020 net; and
2. The outstanding “advance payment” of EUR 32,500 net,
Both pursuant to Article 6 letter A) of the Contract i.e. in total EUR 64,520 net.
(3) The Claimant kindly requests the honourable FIFA FT to adjudicate that the Respondent
will have to pay to the Claimant interest in the amount of five per cent (5) per annum
over any amounts paid not on time under the Contract, as follows:
a. Starting from 21 August 2023 – as regards advance of payment pursuant to Article
6 letter A) of the Contract;
b. For the period between 21 September 2023 and 8 December 2023 – as regards the
entire first instalment of the salary and car & accommodation allowance (EUR
12,700) due until 20 September 2024 pursuant to Article 6 letter A) of the Contract;
c. For the period between 21 October 2023 and 8 December 2023 – as regards the
entire second instalment of the salary & car accommodation allowance (EUR 12,700)
due until 20 October 2024 pursuant to Article 6 letter A) of the Contract;
d. For the period between 21 November 2023 and 8 December 2023 – as regards the
entire third instalment of the salary & car accommodation allowance (EUR 12,700)
due until 20 October 2024 pursuant to Article 6 letter A) of the Contract;
e. Starting from 21 December 2023 – as regards the part of the fourth instalment of
the salary and car & accommodation allowance (EUR 1,000) due until 20 December
2023 pursuant to Article 6 letter A) of the Contract;
f. For the period between 21 December 2023 and 2 April 2024 – as regards the part of
the fourth instalment of the salary & car accommodation allowance (EUR 11,700)
due until 20 December 2024 pursuant to Article 6 letter A) of the Contract;
g. For the period between 21 January 2023 and 2 April 2024 – as regards the entire fifth
instalment of the salary & car accommodation allowance (EUR 12,700) due until 20
January 2024 pursuant to Article 6 letter A) of the Contract;
h. For the period between 21 February 2023 and 2 April 2024 – as regards the part of
the sixth instalment of the salary & car accommodation allowance (EUR 1,000) due
until 20 February 2024 pursuant to Article 6 letter A) of the Contract;
i. For the period between 21 February 2023 and 3 May 2024 – as regards the part of
pg. 5
REF. FPSD-17255
the sixth instalment of the salary & car accommodation allowance (EUR 11,700) due
until 20 February 2024 pursuant to Article 6 letter A) of the Contract;
j. For the period between 21 March 2023 and 3 May 2024 – as regards the part of the
seventh instalment of the salary & car accommodation allowance (EUR 1,000) due
until 20 March 2024 pursuant to Article 6 letter A) of the Contract;
k. For the period between 21 March 2023 and 31 May 2024 – as regards the part of the
seventh instalment of the salary & car accommodation allowance (EUR 11,700) due
until 20 March 2024 pursuant to Article 6 letter A) of the Contract;
l. For the period between 21 April 2023 and 31 May 2024 – as regards the part of the
eight instalment of the salary & car accommodation allowance (EUR 1,000) due until
20 April 2024 pursuant to Article 6 letter A) of the Contract;
m. Starting from 21 April 2024 – as regards the part of the eight instalment of the salary
and car & accommodation allowance (EUR 11,700) due until 20 April 2024 pursuant
to Article 6 letter A) of the Contract;
n. Starting from 21 May 2024 – as regards the entire the night instalment of the salary
and car & accommodation allowance (EUR 12,700) due until 20 May 2024 pursuant
to Article 6 letter A) of the Contract;
o. Starting from 21 June 2024 – as regards the entire tenth instalment of the salary and
car & accommodation allowance (EUR 12,700) due until 20 June 2024 pursuant to
Article 6 letter A) of the Contract.
(4) The Claimant kindly requests the honourable FIFA FT to impose on the Respondent
sanctions in accordance with Article 12bis of the FIFA RSTP.
(5) The Claimant respectfully asks the FIFA FT to adjudicate that the Respondent shall bear
all legal and procedural costs of the entire proceedings, including a refund of the
advance of costs paid by the Appellant.
(6) The Claimant reserves its right to amend and/or expand and/or submit new statements,
allegations, claims and explanation related to the present proceedings, including its
request for relief, depending on the further submission of the Respondent, including
responses to the present Claim.
b. Position of the Respondent
11. In its reply, the Club argued having complied with all its financial obligations under the
Contract.
12. The Club requested the following relief:
pg. 6
REF. FPSD-17255
1.
The reasons explained above we kindly request you to decide judgement of dismissal
about the present claim.
2.
Consider the amounts paid and good faith of the Respondent while evaluating the
Claimant requests according to the reasons explained above and according to the bank
receipts which was provided by the Respondent and setoff the mentioned amount from
the Claimant’s requests.
3.
Finally, we would like to request your honourable chamber to make a decision that the
judicial costs and the attorneyship fees that the Respondent is faced with shall be paid
by the Claimant. If not, to award a minimum of procedural cost in connection with the
temporary amendment to the Procedural Rules declared with the Circular 1720.
c. Player’s comments on the alleged payments
13. Upon invitation from the FIFA General Secretariat, the Player denied having received any
of the amounts claimed.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter, the 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 27 November 2024 and submitted
for decision on 10 March 2025. Taking into account the wording of art. 31 of the January
2025 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 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 January
2025 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), he is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Polish player and
a Turkish club.
16. 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. 29 of
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REF. FPSD-17255
the Regulations (January 2025 edition), the January 2025 edition of said Regulations is
applicable to the matter at hand as to the substance.
b. Burden of proof
17. 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 he 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 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
19. The Single Judge then moved to the substance of the matter, and took note that it
concerned a claim by a player against a club for outstanding remuneration and interest for
late payment.
20. On one hand, the Single Judge observed that, according to the Claimant, the Club was in
permanent delay in paying his remuneration during the entire duration of the Contract. In
particular, the Player argued that, after deducting the fine of EUR 6,080, a net amount of
EUR 64,520 remained outstanding at the end of the Contract, per the following amounts
and concepts:
- EUR 1,000 net for the salary and car and apartment allowance for December 2023;
- EUR 11,700 net for the salary and car and apartment allowance for April 2024;
- EUR 12,700 net for the salary and car and apartment allowance for May 2024;
- EUR 12,700 net for the salary and car and apartment allowance for June 2024;
- EUR 32,500 net as advance payment which, according to the Player, it was payable
by 20 August 2024.
pg. 8
REF. FPSD-17255
21. In addition, the Single Judge observed that the Player also claimed to be entitled to interest
at the rate of 5% per annum on the late payments made by the Club, starting from the day
following their relevant due dates until their payment dates.
22. On the other hand, the Single Judge referred to the submission of the Respondent, who
denied the Player’s entitlement to the amounts claimed, arguing that it had already
complied with the financial terms of the Contract. The Single Judge also noted that the
Player’s claim regarding the due date of the advance payment and the amounts paid late
remained uncontested by the Club.
23. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the Parties, whether the amounts claimed had in fact remained
unpaid and, if so, whether the Club had a valid justification for not having complied with
the financial obligations under the Contract.
24. The Single Judge first noted that in the case at hand the Club bore the burden of proving
that it indeed complied with the financial terms of the Contract concluded between the
Parties.
25. Accordingly, the Single Judge went on to examine the documentation submitted by the
Club, and observed that it consisted of several payments receipts made to the Player during
the 2022/2023 and 2023/2024 seasons. Nonetheless, the Single Judge noted that the
different proofs of payment presented by the Club only confirmed payments to the Player
which were either not claimed or expressly acknowledged by the Player in his claim.
26. In other words, the Single Judge found that the evidence submitted by the Club did not
prove the payment of the amounts claimed by the Player to be outstanding. Furthermore,
the Single Judge considered that the Club did not provide any reasonable justification for
not having complied with the terms of the Contract.
27. In view of the foregoing, and bearing in mind the legal principle of pacta sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Single Judge decided that the Club is liable to pay to the Player the amounts claimed as
outstanding under the Contract, i.e., EUR 64,520 net.
28. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Player interest
at the rate of 5% per annum on the outstanding remuneration as from the day following
their relevant due dates until the date of effective payment, as follows:
- Over the amount of EUR 32,500 net, as from 21 August 2023;
- Over the amount of EUR 1,000 net, as from 21 December 2023;
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REF. FPSD-17255
- Over the amount of EUR 11,700 net, as from 21 April 2024;
- Over the amount of EUR 12,700 net, as from 21 May 2024; and
- Over the amount of EUR 6,620 net, as from 21 June 2024.
29. Lastly, and considering the evidence submitted by the Player regarding the amounts paid
by the Club, which was not disputed by the latter, the Single Judge also decided to award
5% interest per annum on the aforementioned late payments as from the day following
their due date until the previous date of their payments, as follows:
- On the late payment of EUR 12,700, as from 21 September 2023 until 7 December
2023;
- On the late payment of EUR 12,700 as from 21 October 2023 until 7 December 2023;
- On the late payment of EUR 12,700 as from 21 November 2023 until 7 December
2023;
- On the late payment of EUR 11,700 as from 21 December 2023 until 1 April 2024;
- On the late payment of EUR 12,700 as from 21 January 2024 until 1 April 2024;
- On the late payment of EUR 1,000 as from 21 February 2024 until 1 April 2024;
- 5 On the late payment of EUR 11,700 as from 21 February 2024 until 3 May 2024;
- On the late payment of EUR 1,000 as from 21 March 2024 until 3 May 2024;
- On the late payment of EUR 11,700 as from 21 March 2024 until 30 May 2024; and
- On the late payment of EUR 1,000 as from 21 April 2024 until 30 May 2024.
ii. Art. 12bis of the Regulations
30. 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.
31. 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.
32. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facie contractual basis. If followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
pg. 10
REF. FPSD-17255
33. 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, the Single
Judge decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a) of
the Regulations.
34. Lastly, 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.
iii. Compliance with monetary decisions
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
d. Costs
40. 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,
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REF. FPSD-17255
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the Parties.
41. 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.
42. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the Parties.
pg. 12
REF. FPSD-17255
IV. Decision of the Dispute Resolution Chamber
The claim of the Claimant, Mateusz Hołownia, is partially accepted.
1.
The Respondent, Royal Hastanesi Bandirmaspor, must pay to the Claimant the following
amount(s):
- EUR 64,520 net as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 32,500 net as from 21 August 2023 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 1,000 net as from 21 December 2023 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 11,700 net as from 21 April 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 12,700 net as from 21 May 2024 until the date
of effective payment; and
- 5% interest p.a. over the amount of EUR 6,620 net as from 21 June 2024 until the date
of effective payment.
- Interest of 5% per annum on the late payments as follows:
- 5% interest p.a. over the amount of EUR 12,700 as from 21 September 2023 until 7
December 2023;
- 5% interest p.a. over the amount of EUR 12,700 as from 21 October 2023 until 7
December 2023;
- 5% interest p.a. over the amount of EUR 12,700 as from 21 November 2023 until 7
December 2023;
- 5% interest p.a. over the amount of EUR 11,700 as from 21 December 2023 until 1 April
2024;
- 5% interest p.a. over the amount of EUR 12,700 as from 21 January 2024 until 1 April
2024;
- 5% interest p.a. over the amount of EUR 1,000 as from 21 February 2024 until 1 April
2024;
- 5% interest p.a. over the amount of EUR 11,700 as from 21 February 2024 until 3 May
2024;
- 5% interest p.a. over the amount of EUR 1,000 as from 21 March 2024 until 3 May 2024;
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REF. FPSD-17255
- 5% interest p.a. over the amount of EUR 11,700 as from 21 March 2024 until 30 May
2024; and
- 5% interest p.a. over the amount of EUR 1,000 as from 21 April 2024 until 30 May 2024.
2.
Any further claims of the Claimant are rejected.
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
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REF. FPSD-17255
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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