DRC Overdue Payables
Texto da decisão
REF. FPSD-15166
Decision of the
Dispute Resolution Chamber
passed on 3 October 2024
regarding an employment-related dispute concerning the player Marko
Jevtovic
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Khalid AWAD ALTHEBITY (Saudi Arabia), Member
Tomislav KASALO (Croatia), Member
CLAIMANT:
Marko Jevtovic, Serbia
Represented by Spf Nezavisnot
RESPONDENT:
Gaziantep Futbol Kulübü A.Ş., Türkiye
pg. 2
REF. FPSD-15166
I. Facts of the case
1. On 7 July 2022, the Serbian player Marko Jevtovic (hereinafter, the “Claimant” or “Player”) and
the Turkish club Gaziantep Futbol Kulübü A.Ş. (hereinafter, the “Respondent” or “Club”)
concluded an employment contract (hereinafter, the “Contract”), valid as from 7 July 2022
until 31 May 2024.
2. In accordance with the Contract, the Respondent undertook to pay to the Claimant, inter
alia:
-
EUR 10,375 net on 30 October 2023 as Advance Payment
EUR 10,375 net on 30 March 2024 as Advance Payment
EUR 400,000 net for the 2023/2024 football season in the following instalments:
o EUR 40,000 on 30 August 2023
o EUR 40,000 on 30 September 2023
o EUR 40,000 on 30 October 2023
o EUR 40,000 on 30 November 2023
o EUR 40,000 on 30 December 2023
o EUR 40,000 on 30 January 2024
o EUR 40,000 on 28 February 2024
o EUR 40,000 on 30 March 2024
o EUR 40,000 on 30 April 2024
o EUR 40,000 on 30 May 2024
-
EUR 15,000 net on 20 September 2023 for rental fee, car rental and return flight to
home country
EUR 2,000 net per-match fee, i.e., 36 Turkish Super League games multiplied by EUR
2,000 net totalling EUR 72,000 net, subject to the following pro-ration terms: “This fee
will be paid as 100% in the games where the player is in the starting 11s, 75% in the games
that he enters to the game later, and 50% in the games that he is in the match squad and
not included in the game. If he is not in the match squad, no per-match fee is paid. Pay per
match will be paid at the end of each 4-match period.”
-
3. The Contract further provided:
“Premiums which will be paid to Football Player (winning, on terms, etc.) and premium payment
rates shall be exclusively determined by the Board of Directors of Club”
“Except for the payments mentioned above and also non-regular bonuses determined
exclusively by the Club, no additional payment such as per-match bonuses, success bonuses
and/or premiums shall be made to the Player.”
pg. 3
REF. FPSD-15166
4.
On 19 April 2024, the Claimant and the Respondent signed a document (hereinafter: the
“Bonus Agreement”) which provided as follows:
“In accordance with the decision taken by our Club’s Board of Directors, in case Gaziantep FK
stays in the Turkish super league at the end of the 2023-2024 season, to be clear, Gaziantep FK
finished the Turkish Super League in the place 16th or higher level at the end of the 2023-2024
season and becomes eligible to play in the Turkish Super League in the 2024-2025 season, a
success bonus of net 1,000,000 TL (One Million Turkish Liras) shall be paid by our club to all
professional players in the A Team.
[...]
The success bonus of 1,000,000 TL shall be paid [ . . . ] within 10 business days at the latest
following the match in which Gaziantep FK guarantees to stay in the Super League [ . . . .]”
5. On 12 June 2024 the Claimant sent a default notice to the Respondent citing the following
overdue remuneration:
-
“The salary for March 2024 in the amount of EUR 40,000, which was supposed to be
paid on 30 March 2024
-
The salary for April 2024 in the amount of EUR 40,000, which was supposed to be
paid on 30 April 2024
-
The salary for May 2024 in the amount of EUR 40,000, which was supposed to be paid
on 30 May 2024
-
The success bonus in the amount of TRY 1,000,000, which was supposed to be paid on
7 June 2024 (Club board decision dated 19 April 2024).
-
Total per-match fee, the amount of EUR 55,420.75
-
Rental fee, rent a car, flight tickets, the amount of EUR 15,000
-
Advance payments, the amount of EUR 20,750
Total amount of EUR 211,170.75 and TRY 1,000,000” (emphasis supplied)
6. In the default notice, the Claimant provided the Respondent 10 days to fulfil its financial
obligation.
pg. 4
REF. FPSD-15166
II. Proceedings before FIFA
7. On 8 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
8. According to the Claimant, the Club failed to remit the overdue payables following the
default notice.
9. The Claimant provided the following email, purportedly sent by the Respondent on 15 June
2024:
“Gürkan Özocak 15. jun
[untranslated]: meni, Gaziantep, m…
Dear Sir,
Thank you for your notification. I would like to present to your appreciation our Club’s intention
to cooperate on this matter.
As you know, or Club has undergone restructuring this year after last year’s earthquake disaster
in Gaziantep and is in the economic recovery phase. As a result of the outstanding efforts of all
players, this season was successfully completed. However the Club has entered into a temporary
payment difficulty, especially with the premiums and payments made to our valuable football
players in order to stay in the league in May. This difficulty will be solved after the current holiday
week.
For this reason, we kindly ask for an additional period for the payment. If you accept, the
relevant amount will be paid to you until the end of June.
Please do not hesitate to contact us if you have any questions.
Kind regards, [sic]”
10. The Claimant asserted that the foregoing letter was sent in reply to the Claimant’s default
notice and constituted an acknowledgment of the Player’s claims.
11. With regard to the Bonus Agreement, the Claimant provided a link to a YouTube video which
the Claimant describes as depicting the Player scoring the decisive goal in the 90th minute
of the “most important game of the season” which kept the Club in the Turkish Super League.
pg. 5
REF. FPSD-15166
12. With regard to the per-match fee noted in his default notice, the Claimant provided the
following calculation: “Starting 11 – 29 x EUR 1,894.73, Substitued [sic] – 11 x EUR 1,421.04,
Bench – 4 x EUR 947,36”.
13. The requests for relief of the Claimant were the following:
“To order Gaziantep Futbol Kulubu A.S. to pay the football player, Mr. Marko Jevtovic, the
amount as follows: 5
a) EUR 40,000 net as outstanding salary for March 2024, which was supposed to be paid on
30 March 2024, with 5% interest p.a. from 30 March 2024 until the date of effective
payment;
b) EUR 40,000 net as outstanding salary for April 2024, which was supposed to be paid on
30 April 2024, with 5% interest p.a. from 30 April 2024 until the date of effective payment;
c) EUR 40,000 net as outstanding salary for May 2024, which was supposed to be paid on
30 May 2024, with 5% interest p.a. from 30 May 2024 until the date of effective payment;
d) TRY 1,000,000 net as outstanding success bonus, which was supposed to be paid on 7
June 2024, with 5% interest p.a. from 7 June 2024 until the date of effective payment;
e) EUR 55,420.75 net as outstanding remuneration per-match fee, with 5% interest p.a.
from 8 July 2024 until the date of effective payment;
f) EUR 15,000 net as outstandning remuneration for rental fee, rent a car, flight tickets,
which was supposed to be paid on 20 September 2023, with 5% interest p.a. from 20
September 2023 until the date of effective payment;
g) EUR 10,375 net as outstanding remuneration for advance payment, which was supposed
to be paid on 30 October 2023, with 5% interest p.a. from 30 October 2023 until the date of
effective payment;
h) EUR 10,375 net as outstanding remuneration for advance payment, which was supposed
to be paid on 30 March 2024, with 5% interest p.a. from 30 March 2024 until the date of
effective payment;
Total amount of EUR 211,170.75 and TRY 1,000,000” (emphasis supplied).
b. Position of the Respondent
14. Despite being invited to do so, the Respondent failed to reply to the claim.
pg. 6
REF. FPSD-15166
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or 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 8 July 2024 and submitted for decision on 3
October 2024. Taking into account the wording of art. 34 of the March 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.
16. 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 (June 2024 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 a Turkish club.
17. 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. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 8 July 2024, the June 2024 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
18. 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
19. 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.
pg. 8
REF. FPSD-15166
i. Main legal discussion and considerations
20. The Chamber then moved to the substance of the matter, and took note of the fact that the
Claimant alleged that he was owed outstanding remuneration.
21. The Chamber first determined that, because the Respondent did not reply to the claim, it
would base its analysis on the evidence submitted by the Claimant (cf., art. 21, par. 1 of the
Procedural Rules Governing the Football Tribunal).
22. The Chamber next observed that the Claimant satisfactorily established, and it was in any
case undisputed, that a valid employment agreement, the Contract, as well as a separate
agreement for a non-relegation bonus, the Bonus Agreement, existed between the parties.
23. The Chamber’s task therefore was to determine which, if any, remuneration claimed by the
Claimant was in fact owed under the Contract and Bonus Agreement.
24. The Chamber recalled that the Contract provided for the following guaranteed
remuneration that was noted as being outstanding by the Claimant:
-
EUR 15,000 net due on 20 September 2023 (lump sum payment for rent, car rental, and
return flight tickets);
EUR 10,375 net due on 30 October 2023 (Advance Payment);
EUR 10,375 net due on 30 March 2024 (advance payment);
EUR 40,000 net due on 30 March 2024 (salary);
EUR 40,000 net due on 30 April 2024 (salary);
EUR 40,000 net due on 30 May 2024 (salary).
25. Next, the Chamber recalled that the above amounts went undisputed. Due to not bearing
any additional contingency for payment, and apparently falling due on the dates claimed,
the Chamber concluded that the above amounts should be awarded as outstanding
remuneration to the Claimant as requested, pursuant to the principle of pacta sunt servanda.
26. Furthermore, the Chamber highlighted that the Claimant requested the amounts be paid
net, and since the Contract language indeed specified that the remuneration would be
payable net, the Chamber found that this request should be granted as well.
27. On the other hand, with respect to the additional contingent payments, the Chamber
observed that the Claimant claimed an entitlement to:
-
EUR 55,420.75 net for a per-match fee, based upon the percentage that the Player
appeared in matches; and
TRY 1,000,000 net pursuant to the Bonus Agreement.
pg. 9
REF. FPSD-15166
28. The Chamber recalled that, in support for the additional payment contingencies, the
Claimant provided some submissions: the Claimant included a calculation breakdown in the
default notice and statement of claim regarding the per match fee, and, ostensibly for the
Bonus Agreement, the Claimant included in his statement of claim a link and brief remark
of a YouTube video (untranslated).
29. The Chamber further noted that the per-match fee calculations set forth in the statement
of claim specified how many matches the Player appeared in and the corresponding
percentages but did not include actual evidence in support that demonstrated the Player’s
participation and/or appearance in league matches.
30. In continuation, the Chamber recalled that the video was not translated into English,
Spanish, or French. Furthermore, the Chamber observed that even if it reflected what the
Claimant described in his statement of claim, the Claimant did not provide a connection or
explain in any way how the evidence pertained to any corresponding remuneration.
Moreover, the Chamber noted that the evidence did not clarify, nor did the Claimant
address, whether this piece of evidence proves the Club completed the 2023-2024 season
in 16th place or higher (one of the conditions of the Bonus Agreement).
31. The Chamber further took note that the Claimant provided no additional evidence for the
Club’s ranking at the end of the 2023/2024 season or its position going into the following
season.
32. Next, the Chamber analysed the email reply, alleged by the Claimant to have been sent by
the Respondent following the Claimant’s default notice and to have constituted the
Respondent’s acknowledgement of the player’s claims.
33. The Chamber recalled that the email did not include, nor did the Claimant provide, the
sender’s title, and/or in what capacity he represented the Club.
34. Moreover, the Chamber noted that, although “Gaziantep” appeared to be copied as a
recipient, the email excerpt did not specify that the email was sent as a reply-email to the
Claimant’s message with the default notice, nor did the purported Respondent email specify
or even reference the specific amounts cited by the Claimant in his 12 June 2024 default
notice, but rather only stated that “the relevant amount” would be paid at the end of June.
35. Hence, the majority of the members of the Chamber concluded that it could not be deduced
from the correspondence in question that the Club acknowledged the entirety of the
Claimant’s alleged payment obligation.
36. Accordingly, and notwithstanding the Respondent’s failure to establish any arguments or
evidence to counter the Claimant’s position, the majority of the Chamber concluded that
the Claimant failed to discharge the requisite burden of proof pursuant to art. 13 par. 5 of
pg. 10
REF. FPSD-15166
the Procedural Rules, to show that the alleged contingent payments were in fact triggered
and owed to the Claimant.
ii. Consequences
37. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
38. The Chamber determined that the outstanding remuneration under the Contract coupled
with the specific requests for relief of the player, totalled EUR 155,750 net, and was
comprised of the following guaranteed payments:
-
EUR 15,000 net due on 20 September 2023 (lump sum payment for rent, car rental, and
return flight tickets);
EUR 10,375 net due on 30 October 2023 (Advance Payment);
EUR 10,375 net due on 30 March 2024 (advance payment);
EUR 40,000 net due on 30 March 2024 (salary);
EUR 40,000 net due on 30 April 2024 (salary);
EUR 40,000 net due on 30 May 2024 (salary).
39. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% p.a. on the outstanding amounts as from the day following each respective due date
until the date of effective payment.
iii. Art. 12bis of the Regulations
40. Having established the above, the Chamber 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.
41. To this end, the Chamber confirmed that the player put the club in default of payment of
the amounts sought, of which EUR 115,750 had fallen due more than 30 days before, and
granted the club a 10-day deadline to cure such breach of contract.
42. Accordingly, the Chamber 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.
43. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has
competence to impose sanctions on the club. On account of the above and bearing in mind
pg. 11
REF. FPSD-15166
that this is the eighth offense by the club within the last two years, the Chamber decided to
impose a fine on the club in accordance with art. 12bis par. 4 lit. c) of the Regulations.
44. In this connection, the Chamber 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.
iv. Compliance with monetary decisions
45. 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.
46. 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.
47. 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.
48. 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.
49. 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
50. 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.
pg. 12
REF. FPSD-15166
51. 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.
52. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-15166
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Marko Jevtovic, is partially accepted.
2.
The Respondent, Gaziantep Futbol Kulübü A.Ş., must pay to the Claimant the following
amount(s):
- EUR 15,000 net as outstanding remuneration plus 5% interest p.a. as from 21
September 2023 until the date of effective payment;
- EUR 10,375 net as outstanding remuneration plus 5% interest p.a. as from 31 October
2023 until the date of effective payment;
- EUR 10,375 net as outstanding remuneration plus 5% interest p.a. as from 31 March
2024 until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 31 March
2024 until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment;
- EUR 40,000 net as outstanding remuneration plus 5% interest p.a. as from 31 May 2024
until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A fine in the amount of USD 52,500 is imposed on the Respondent, which must be paid
to FIFA within 30 days of notification of this decision. Such fine must be paid to the
following bank account with a clear reference to the case FPSD-15166:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
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:
pg. 14
REF. FPSD-15166
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
pg. 15
REF. FPSD-15166
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
pg. 16