DRC Overdue Payables
Texto da decisão
REF. FPSD-18730
Decision of the
Dispute Resolution Chamber
passed on 31 July 2025
regarding an employment-related dispute concerning the player
Mohamed Sharaf Eldin Ibrahim Amin
BY:
Jorge GUTIÉRREZ (Costa Rica)
CLAIMANT:
Mohamed Sharaf Eldin Ibrahim Amin, Sudan
Represented by Islam Hisham
RESPONDENT:
Al Wattan, Libya
pg. 2
REF. FPSD-18730
I. Facts of the case
1.
On 10 September 2024, the Sudanese player, Mohamed Sharaf Eldin Ibrahim Amin
(hereinafter: the Player or the Claimant), and the Libyan club, Al Wattan (hereinafter: the Club
or the Respondent) entered into an employment contract (hereinafter: the Contract) valid as
from 15 September 2024 until the end of the 2024/2025 season.
2.
Articles 4 to 8 the Contract provide:
“4. The [Club] shall pay to the [Player], for the full term of this contract, a total amount of thirtyfive thousand US dollars (USD 35.000). payable in two instalments:
• Fifty percent (50%) of the contract value, amounting to seventeen thousand five hundred US
dollars (USD 17,500), shall be paid upon the player's contract signing, inclusion in the team
roster, and successful completion of the medical examination.
• The remaining fifty percent (50%), amounting to USD 17,500, shall be paid in two
installments: the first installment prior to the conclusion of the first leg, and the second
installment immediately following the conclusion of the first leg
5. In case the team advances to the Libyan League Hexagonal Stage, the player will receive a
monthly salary.
6. The [Club]is committed to providing the player with suitable accommodation.
7. The [Club] is committed to providing the player with a monthly allowance of 1.000 Libyan
Dinars (1,000 L.D).
8. The [Club] is responsible for the cost of the player’s round-trip travel ticket.
9.The [Club] is obligated to provide medical treatment for the player locally in case of injury”.
3.
On 6 March 2025, the Player put the Club in default of payment of USD 17,500 as the
second instalment of salary as per art. 4 para. 2 of the Contract, setting a time limit expiring
on 16 March 2025 in order to remedy the default.
4.
On 18 March 2025, the Player put the Club in default of payment of USD 17,500 as the
second instalment of salary as per art. 4 para. 2 of the Contract, as well as LYD 4,500 as his
monthly allowance for 4 and a half months as per art. 7 of the Contract, setting a time limit
expiring on 20 March 2025 in order to remedy the default.
pg. 3
REF. FPSD-18730
II. Proceedings before FIFA
5.
On 24 March 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
6.
The Player claimed that he was entitled to a global remuneration of USD 35,000 as per
art. 4 of the Contract payable in three instalments, (i) the first instalment was of USD 17,500
and was due “on the player’s contract signing, inclusion in the team roster, and successful
completion of the medical examination”, (ii) the second instalment was USD 8,750 (50% of
USD 17,500) and was due “prior to the conclusion of the first leg”, and (iii) the third instalment
was USD 8,750 (50% of USD 17,500) and was due “following the conclusion of the first leg”.
7.
The Player affirmed that the Club failed to pay him the last two instalments of USD 8,750
for total value of USD 17,500 outstanding. The Player requested interest on this amount as
from 22 January 2025.
8.
The Player submitted that he was also due a monthly allowance of LYD 1,000, and that the
Club failed to pay him 4 months and a half of allowance for a value of LYD 4,500 that he
valued at USD 934 and requested interest on this amount as from 30 September 2024.
9.
The Player also sought USD 3,000 as legal fees.
10. The Player’s requests for relief, were the following, quoted verbatim:
“1) To accept this claim against the Respondent.
2) To condemn the Respondent for paying the Claimant the outstanding payments agreed in the
Employment Contract up to the end of the first leg on 22 January 2025 as follows:
a. A Total amount of USD 18,434-/ (“Eighteen thousand four hundred thirty-four US dollars”)
plus 5% interest to be calculated from 22 January 2025:
1. An amount of USD 17,500-/ (“Seventeen thousand five hundred US dollars”) for the
remaining fifty percent (50%) of the contract value, plus 5% interest to be
calculated from 22 January 2025.
2. An amount of USD 934-/ (“Nine hundred thirty-four US dollars”), for the monthly
allowances from the commencement of the Employment Contract plus 5% interest
to be calculated from 30 September 2025.
pg. 4
REF. FPSD-18730
3) To condemn the Respondent to pay interests at a rate of five percent (5%) per annum over
entire amounts requested from the due date of each payment until the date of the effective
payment.
4) To impose the Respondent whatever sanctions this honorable Chamber deems fit in
accordance with article 12 bis of the FIFA RSTP.
5) As a consequence of the above, to condemn the Respondent to pay all expenses and costs of
the present proceedings, if any.”
b. Position of the Respondent
11. Despite having been invited to do so, the Club has not responded to the claim.
pg. 5
REF. FPSD-18730
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. 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 24 March 2025 and submitted for
decision on 31 July 2025. Taking into account the wording of art. 31 and 34 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.
13. 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
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
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 Sudanese player and a Libyan club.
14. 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
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
15. 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
16. 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.
pg. 6
REF. FPSD-18730
i. Main legal discussion and considerations
17. The Single judge then moved to the substance of the matter noting that it concerned a
claim of a player against a club for overdue payables. Furthermore, the Single Judge took
note that the Club failed to answer the present claim and therefore confirmed that his
decision would be rendered on the basis of the evidence and submissions on file in line
with art. 14 par. 1 and 21, par. 1 of the Procedural Rules.
18. Bearing the foregoing, and according to the evidence and submissions on file, the parties
entered a valid employment agreement on 10 September 2024.
19. The Single judge then acknowledged the Player’s submissions to the effect that the Club
had failed to pay him USD 17,500, in two instalments of USD 8,750 as per art. 4 para. 2 of
the Contract and a monthly allowance for the months of September 2024, October 2024,
November 2024, December 2024 and January 2025, as per art. 7 of the Contract, for a total
of LYD 4,500.
20. In this context, the Single judge acknowledged that his task was to determine whether the
amounts claimed were indeed outstanding and should be awarded.
21. The Single judge recalled the wording of art. 4 and art. 7 of the Contract which provide,
quoted verbatim:
“4. The [Club] shall pay to the [Player], for the full term of this contract, a total amount of
thirty-five thousand US dollars (USD 35.000). payable in two instalments:
• Fifty percent (50%) of the contract value, amounting to seventeen thousand five
hundred US dollars (USD 17,500), shall be paid upon the player's contract signing,
inclusion in the team roster, and successful completion of the medical examination.
• The remaining fifty percent (50%), amounting to USD 17,500, shall be paid in two
installments: the first installment prior to the conclusion of the first leg, and the second
installment immediately following the conclusion of the first leg
[…]
7. The [Club] is committed to providing the player with a monthly allowance of 1.000
Libyan Dinars (1,000 L.D).”
22. In line with the long-standing jurisprudence of the Football Tribunal, following the Player’s
allegation of outstanding remuneration the Club bore the burden of proving that it had in
fact complied with the financial terms of the Contract. As the Club failed to reply to the
claim it did not discharge his burden of proof.
pg. 7
REF. FPSD-18730
23. Consequently, the Single judge awarded both instalments of USD 8,750 claimed by the
Player as outstanding salaries for a total of USD 17,500, as well as LYD 4,500 as monthly
allowance for the months of September 2024, October 2024, November 2024, December
2024 and 15 days of January 2025.
24. Having awarded the claimed outstanding remuneration to the Player, the Single judge then
turned his attention to the interests claimed by the Player.
25. Taking into consideration the Claimant’s request as well as the constant practice of the
Football Tribunal in this regard, the Single judge decided to award the Claimant interest at
the rate of 5% p.a. on the outstanding amounts as follows:
- 5% interest p.a. over the amount of USD 17,500 as from 23 January 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 January 2025 until the date
of effective payment; and
- 5% interest p.a. over the amount of LYD 500 as from 2 February 2025 until the date
of effective payment.
ii. Art. 12bis of the Regulations
26. The Single judge then 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.
27. To this end, the Single judge confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
28. Accordingly, the Single judge also confirmed that the Respondent had delayed a due
payment without a prima facie contractual basis. It followed that the criteria enshrined in
art. 12bis of the Regulations were met in the case at hand.
pg. 8
REF. FPSD-18730
29. The Single judge further established that, by virtue of art. 12bis par. 4 of the Regulations
the Single judge 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 Respondent within the last two
years, the Single judge decided to impose a warning on the Respondent in accordance with
art. 12bis par. 4 lit. a) of the Regulations.
30. The Single judge also highlighted that a repeated offence will be considered as an
aggravating circumstance and lead to more severe penalty, in accordance with art. 12bis
par. 6 of the Regulations.
iii. Compliance with monetary decisions
31. 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 his 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.
32. 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.
33. 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.
34. 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.
35. 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. 9
REF. FPSD-18730
d. Costs
36. 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 Single judge decided that no procedural costs were to be
imposed on the parties.
37. 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.
38. Lastly, the Single judge concluded his deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 10
REF. FPSD-18730
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mohamed Sharaf Eldin Ibrahim Amin, is partially accepted.
2.
The Respondent, Al Wattan, must pay to the Claimant the following amount(s):
- USD 17,500 as outstanding remuneration plus 5% interest p.a. as from 23 January 2025
until the date of effective payment;
- LYD 4,500 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of LYD 1,000 as from 2 October 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 November 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of LYD 1,000 as from 2 January 2025 until the date
of effective payment; and
- 5% interest p.a. over the amount of LYD 500 as from 2 February 2025 until the date
of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
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 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.
pg. 11
REF. FPSD-18730
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 12
REF. FPSD-18730
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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
pg. 13