Labour Disputes
Texto da decisão
REF. FPSD-15574
Decision of the
Dispute Resolution Chamber
passed on 19 September 2024
regarding an employment-related dispute concerning
the player Valdmiro Tualungo Paulo Lameira
BY:
Peter LUKASEK (Slovakia)
CLAIMANT:
Valdmiro Tualungo Paulo Lameira, Portugal
Represented by José Duarte Reis
RESPONDENT:
Erzurumspor FK, Türkiye
pg. 2
REF. FPSD-15574
I. Facts of the case
1.
On 6 August 2023, the Portuguese player, Valdmiro Tualungo Paulo Lameira (hereinafter:
the Claimant or the Player), and the Turkish club, Erzurumspor FK (hereinafter: the
Respondent or the Club) signed an employment contract (hereinafter: the Contract) valid as
from the date of the signature until 30 June 2024.
2.
In clause 3 of the Contract, the parties established the Player’s remuneration as follows
(quoted verbatim):
“3 - PAYMENT AND SPECIAL PROVISIONS
Net Monthly Salary: MINIMUM WAGE
Other fees undertaken by the Club and Payment terms:
The amounts and dates will be expressly defined if the payments will be made by
installments.
2023/2024 FOOTBALL SEASON The Club shall pay the Player a total of 270.000,00-EUR
net (Two Hundred Seventy Thousand Euros Net) including the advance payment and
salary payments stated below, for the 2023/2024 season.
Advance payment: The Club shall pay a total of 150.000,00-EUR net (Hundred Fifty
Thousand Euros Net) as advance payment to the Player for the 2023/2024 season on the
due dates set out below.
· 50.000,00-EUR net - 30.09.2023
· 50.000,00-EUR net - 30.10.2023
· 50.000,00-EUR net - 30.04.2024
Salary: The Club shall pay a total of 120.000,00-EUR net (Hundred Twenty Thousand
Euros Net) as salary to the Player for the 2023/2024 season on the due dates set out
below.
30.09.2023 - 12.000,00-EUR net
31.10.2023 - 12.000,00-EUR net
30.11.2023 - 12.000,00-EUR net
31.12.2023 - 12.000,00-EUR net
31.01.2024 - 12.000,00-EUR net
29.02.2024 - 12.000,00 EUR net
31.03.2024 - 12.000,00-EUR net
30.04.2024 - 12.000,00-EUR net
31.05.2024 - 12.000,00-EUR net
30.06.2024 - 12.000,00-EUR net
(…)”
3.
By correspondence dated 1 July 2024, the Claimant put the Respondent in default of
payment of EUR 24,000 setting a 10 days’ time limit in order to remedy the default.
pg. 3
REF. FPSD-15574
II. Proceedings before FIFA
4.
On 13 August 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
5.
According to the Claimant, the Club failed to pay him EUR 24,000, of which EUR 12,000
corresponded to the salary for May 2024 and EUR 12,000 to the salary for June 2024.
6.
The requests for relief of the Claimant were the following:
“The Claimant respectfully requests that the Players Status Chamber:
a. Orders Erzurumspor Fútbol Kulubu, Turkey to pay to Mr Valdmiro Tualungo Paulo
Lameira, Portugal the salaries in debt, in the amount of EUR 24,000.00 (twenty-four
thousand Euros).
b. As well as interests at a rate of 5% p.a. as from the day following the due date of each
monthly payment until the date of effective payment;”
b. Position of the Respondent
7.
The Respondent acknowledged the existence of a debt to the Player regarding the salaries
for May and June 2024.
8.
Nevertheless, the Club argued that its non-compliance was due to financial difficulties
beyond its control, namely the depreciation of the Turkish Lira and soaring inflation rates,
which created a cash flow crisis and made it difficult to fulfil all financial obligations. In this
regard, the Club asserted that the financial situation in Türkiye qualified as a force majeure
event that should be considered a mitigating factor. Therefore, the Club requested that the
payment schedule of the Contract be adapted.
9.
The requests for relief of the Respondent were the following:
“Based on the above, the Club respectfully requests FIFA Dispute Resolution Chamber to:
i. Acknowledge the economic instability in Turkiye as a mitigating factor.
ii. Adapt the payment schedule of the Contract.
iii. Reject the Player's claim related to outstanding remuneration.
iv. Reject, Dismiss or reduce the amount requested by the Claimant Player.”
pg. 4
REF. FPSD-15574
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge (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 13 August 2024 and submitted for decision on 20
September 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.
11. 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 (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 Portuguese player
and a Turkish club.
12. 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 (June 2024 edition), and
considering that the present claim was lodged on 13 August 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
13. 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
14. Having established his 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. 5
REF. FPSD-15574
i. Main legal discussion and considerations
15. The Single Judge then moved to the substance of the matter and took note of the fact that
this is a claim of a player against a club for overdue payables.
16. In this regard, the Single Judge recalled that, according to the Player, the Club failed to pay
his salaries for May and June 2024, totalling EUR 24,000.
17. The Single Judge also pointed out that the Respondent acknowledged the debt but argued
that it could not pay due to financial difficulties that qualified as a force majeure event.
Thus, the Club requested that these financial difficulties be considered as a mitigating
factor and that the payment schedule of the Contract be adapted.
18. Hence, the Single Judge first noted that, as the debt was acknowledged by the Club, which
did not provide any evidence of having paid the two overdue salaries, it is undisputed that
the Club failed to comply with the payment of EUR 24,000.
19. In this context, the Single Judge acknowledged that his task was only to analyse whether
the Club had a valid justification for not complying with the payment.
20. Concerning this, the Single Judge observed that the Club did not provide any evidence
regarding the alleged financial difficulties other than its own statements. The Single Judge
noted that, for example, the Club argued that there was a depreciation of the Turkish Lira
and high inflation rates, which allegedly affected the Club’s primary sources of revenues
such as sponsorship deals or broadcasting rights. Nonetheless, the Single Judge highlighted
that the Club did not provide any supporting evidence for these arguments.
21. Most importantly, the Single Judge remarked that the Club did not demonstrate how these
alleged financial difficulties specifically affected it or explain why it was unable to meet its
obligations towards the Player.
22. Notwithstanding the above, the Single Judge also recalled the longstanding jurisprudence
of the Football Tribunal, which on many occasions has held that financial difficulties are not
a valid justification for non-payment of contractually agreed amounts. Hence, in the Single
Judge’s view, there was no force majeure event in this case.
23. Consequently, the Single Judge did not consider that there are valid reasons to mitigate the
debt or to deviate from the contractual terms agreed upon the parties.
24. In view of the foregoing and bearing in mind the basic legal principle of pacta 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. As a consequence, the Single Judge decided to award the Player EUR 24,000,
with the corresponding interest.
pg. 6
REF. FPSD-15574
ii. Art. 12bis of the Regulations
25. 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.
26. To this end, the Single Judge confirmed that the Player put the club in default of payment
of the amounts sought and granted the club a 10-day deadline to cure such breach of
contract. In this regard, the Single Judge noted that, when the Player sent the notice of
default, the salary for May 2024 was owed for more than 30 days.
27. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
28. 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, on one hand, this is the second offence by the Club within the last two years
and, on the other, that the previous sanction imposed was a fine, the Single Judge decided
to impose a fine of USD 2,000 on the Club in accordance with art. 12bis par. 4 lit. c) of the
Regulations.
29. 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.
iii. Compliance with monetary decisions
30. 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.
31. 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.
pg. 7
REF. FPSD-15574
32. 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.
33. 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.
34. 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
35. 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.
36. 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.
37. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-15574
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Valdmiro Tualungo Paulo Lameira, is accepted.
2.
The Respondent, Erzurumspor FK, must pay to the Claimant the following amount:
- EUR 24,000 as outstanding remuneration plus interest p.a. as follows:
- 5% interest p.a. over the amount EUR 12,000 of as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 12,000 of as from 1 July 2024 until the date of
effective payment.
3.
A fine in the amount of USD 2,000 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-15574:
UBS Zurich
Account number 230-366677.61N (FIFA Players’ Status)
Clearing number 230
IBAN: CH12 0023 0230 3666 7761 N
SWIFT: UBSWCHZH80A
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.
pg. 9
REF. FPSD-15574
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-15574
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. 11