DRC Overdue Payables
Texto da decisão
REF. FPSD-17418
Decision of the
Dispute Resolution Chamber
passed on 30 April 2025
regarding an employment-related dispute concerning the player
Filip Ivanovic
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Roy VERMEER (The Netherlands), Member
Andre DOS SANTOS MEGALE (Brazil), Member
CLAIMANT:
Filip Ivanovic, Serbia
Represented by Berlin Sports Law
RESPONDENT:
Navbakhor Lochinlari Football Club, Uzbekistan
pg. 2
REF. FPSD-17418
I. Facts of the case
1.
On 28 July 2023, the Serbian player Filip Ivanovic (hereinafter: the Claimant, the Player or the
Employee) and the Uzbek club Navbakhor Lochinlari Football Club (hereinafter: the
Respondent, the Club or the Employer) concluded an employment contract (hereinafter: the
Contract) valid as from its date of signature until 30 November 2024.
2.
In accordance with article 9 of the Contract, the Respondent undertook to pay to the
Claimant as follows:
“9.1. The employee is entitled for a monthly salary in the amount of 15 700 (fifteen thousand
seven hundred) US dollar net. (The amount is transferred in Uzbek sums at the state exchange
rate on the day of payment)
9.2. According to the decision of the Employer and the procedure for the payment of bonus
funds, the Employee may be additionally rewarded for the success achieved. The amount of
bonuses is from 7 000 000 to 30 000 000 UZS according to the report of the head coach.
9.3. In order to encourage the Employee, the Employer establishes a one-time bonus in the
amount of 10 000 (ten thousand) US dollars net, if the Team according to the results of the
Championship of Uzbekisian-2023 takes 1st place in the standings.
9.3.1. In order to encourage the Employee, the Employer establishes a one-time bonus in the
amount of 20 000 (twenty thousand) US dollars net, if the Team according to the results of the
Championship of Uzbekisian-2024 takes 1st place in the standings.
9.4. Also establishes a one-time bonus in the amount of 5 000 (five thousand) US dollars net, if
the Team becomes the winner of the Cup of Uzbekistan-2023.
9.4.1. Also establishes a one-time bonus in the amount of 10 000 (ten thousand) US dollars net,
if the Team becomes the owner of the Cup of Uzbekisian-2024. […]”
3.
In addition, the Contract stipulated the following:
“The Employer pays the Employee five air tickets during the period of contract (BelgradeNamangan-Belgrade).”
4.
On 12 November 2024, the Claimant put the Respondent in default and requested payment
within 15 days of the monthly salaries of part of August 2024, September 2024 and October
2024, as well as bonuses amounting to UZS 72,00,000.
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REF. FPSD-17418
II. Proceedings before FIFA
5.
On 10 December 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
6.
In his claim, the Player acknowledged that, following his default notice dated 12 November
2024, the Club only remedied the default regarding the month of August 2024.
7.
In addition, the Player argued that when the Contract expired, the monthly salary of
November 2024, in the amount of USD 15,700 net, and a bonus of UZS 7,000,000 became
overdue. The Player also mentioned that when the Contract expired, he was forced to pay
for his own flight ticket to leave Uzbekistan and return to Serbia, which cost him UZS
20,096,000.
8.
Furthermore, with respect to the bonuses requested pursuant to article 9.2 of the Contract,
the Claimant argued that he was entitled to receive UZS 7,000,000 for national
competitions’ matches played and won, as well as UZS 30,000,000 for AFC Champions
League’s matches played and won.
9.
The Claimant’s requests for relief were the following:
“a) Pay to the Claimant the amount of USD 47,100 (forty-seven thousand and one hundred US
Dollars) as outstanding remuneration;
i. Pay the Claimant 5% interest p.a. on the amount of USD 15,700 net as of 30
September 2024, until the date of effective payment;
ii. Pay the Claimant 5% interest p.a. on the amount of USD 15,700 net as of 31
October 2024, until the date of effective payment;
iii. Pay the Claimant 5% interest p.a. on the amount of USD 15,700 net as of 30
November 2024, until the date of effective payment;
b) Pay to the Claimant the amount of UZS 79,000,000 (seventy-nine million Uzbekistani Som) as
outstanding bonuses;
i. Pay to the Claimant 5% interest p.a. on the amount of UZS 30,000,000 as of 03
October 2023 until the date of effective payment;
ii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 11
November 2023 until the date of effective payment;
iii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 05 July
2024 until the date of effective payment;
iv. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 26
August 2024 the date of effective payment;
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REF. FPSD-17418
v. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 20
September 2024 until the date of effective payment;
vi. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 12
October 2024 until the date of effective payment;
vii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 09
November 2024 until the date of effective payment;
viii. Pay to the Claimant 5% interest p.a. on the amount of UZS 7,000,000 as of 22
November 2024 until the date of effective payment.
c) Pay to the Claimant the amount of UZS 20,096,000 (twenty million and ninety-six thousand
Uzbekistani Som) as reimbursement of air ticket;
i. Pay to the Claimant 5% interest p.a. on the amount of UZS 20,096,000 as of 13
November 2024, until the date of effective payment.”
b. Reply of the Respondent
10. Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 10 December 2024 and submitted for decision
on 30 April 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.
12. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
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 Serbian player and an Uzbek club.
13. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
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REF. FPSD-17418
b. Burden of proof
14. 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. 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
15. Having established the competence and the applicable regulations, 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
assessing the matter at hand.
i. Main legal discussion and considerations
16. The Chamber then moved to the substance of the matter, and took note of the fact that
the Claimant requested the payment of certain financial obligations by the Respondent as
per the Contract.
17. In particular, the Chamber noted that, according to the Player, the Club failed to remit USD
47,100 net as outstanding remuneration, UZS 79,000,000 as outstanding bonuses, and UZS
20,096,000 as reimbursement of a flight ticket.
18. In addition, the Chamber noted that the Club did not respond to the claim, entailing that
its decision must be made on the basis of the documentation on file, that is, the
argumentation and evidence filed by the Claimant in line with art. 14 par. 1 and 21, par. 1
of the Procedural Rules.
19. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
20. As a preliminary remark, the Chamber noted 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. Nonetheless, the Chamber observed that the Respondent
failed to provide any evidence to prove the payment of the amounts claimed as
outstanding by the Claimant. Furthermore, the Chamber pointed out that no reasonable
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REF. FPSD-17418
justification was presented by the Respondent for not having complied with the terms of
the Contract. Therefore, the Chamber concluded that the Claimant is entitled to
outstanding remuneration in the amount of USD 47,100 corresponding to the monthly
salaries from September 2024 to November 2024.
21. In continuation, the Chamber recalled art. 13 par. 5 of the Procedural Rules, according to
which a party that asserts a fact has the burden of proving it. In this regard, the Chamber
held that the claim of the Player for match bonuses is not supported with the necessary
documentary evidence, namely the report of the head coach of the Club according to article
9.2 of the Contract. In fact, the Chamber considered that the Player failed to provide
sufficient evidence and clarity regarding the quantification of the respective bonuses
requested, nor how and when he became entitled to them.
22. Considering the foregoing, and in the absence of substantial evidence to demonstrate that
the Player was entitled to receive UZS 7,000,000 for national competitions’ matches played
and won, as well as UZS 30,000,000 for AFC Champions League’s matches played and won,
the Chamber decided to reject the claim of the Player for outstanding bonuses.
23. In continuation, the Chamber recalled the following wording of the Contract:
“The Employer pays the Employee five air tickets during the period of contract (BelgradeNamangan-Belgrade).”
24. In view of the above and considering the evidence provided by the Player, the Chamber
observed that the latter is entitled to the reimbursement by the Club of the cost of his flight
ticket to return to Belgrade, amounting to UZS 20,096,000.
25. Consequently, bearing in mind the basic legal principle of pact sunt servanda, which in
essence means that agreements must be respected by the parties in good faith, the
Respondent is held liable to pay the Claimant the outstanding amounts deriving from the
Contract concluded between the parties, namely USD 47,100 net as outstanding
remuneration and UZS 20,096,000 as reimbursement of the aforementioned flight ticket.
26. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
5% p.a. over the amount of USD 15,700 net as from 1 October 2024 until the date of
effective payment;
-
5% p.a. over the amount of USD 15,700 net as from 1 November 2024 until the date
of effective payment;
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REF. FPSD-17418
-
5% p.a. over the amount of UZS 20,096,000 as from 13 November 2024 until the date
of effective payment.
-
5% p.a. over the amount of USD 15,700 net as from 1 December 2024 until the date
of effective payment.
ii. Art. 12bis of the Regulations
27. The Chamber 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.
28. To this end, the Chamber 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.
29. Accordingly, the Chamber 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.
30. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber 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 Chamber decided to impose a warning on the Respondent in accordance with art. 12bis
par. 4 lit. a) of the Regulations.
31. The Chamber 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
32. 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.
33. In this regard, the DRC 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.
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REF. FPSD-17418
34. Therefore, bearing in mind the above, the DRC 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.
35. 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.
36. The DRC 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
37. 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.
38. 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.
39. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 9
REF. FPSD-17418
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Filip Ivanovic, is partially accepted.
2.
The Respondent, Navbakhor Lochinlari Football Club, must pay to the Claimant the
following amounts:
- USD 15,700 net as outstanding remuneration plus 5% interest p.a. as from 1 October
2024 until the date of effective payment;
- USD 15,700 net as outstanding remuneration plus 5% interest p.a. as from 1 November
2024 until the date of effective payment;
- UZS 20,096,000 as reimbursement for flight tickets plus 5% interest p.a. as from 13
November 2024 until the date of effective payment; and
- USD 15,700 net as outstanding remuneration plus 5% interest p.a. as from 1 December
2024 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.
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
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REF. FPSD-17418
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. 11