Labour Disputes
Texto da decisão
REF. FPSD-15263
Decision of the
Dispute Resolution Chamber
passed on 18 September 2024
regarding an employment-related dispute concerning the player Samuele
Longo
BY:
Peter LUKASEK (Slovakia)
CLAIMANT:
Samuele Longo, Italy
Represented by Alejandro Fernández Marco
RESPONDENT:
Pas Lamia 1964 FC, Greece
pg. 2
REF. FPSD-15263
I. Facts of the case
1.
On 30 January 2024, the Italian player, Samuele Longo (hereinafter: the Claimant), and the
Greek club, Pas Lamia 1964 FC (hereinafter: the Respondent) concluded a Settlement
Agreement (hereinafter: the Settlement Agreement).
2.
In accordance with Clause 4 of the Settlement Agreement, the Respondent undertook to
pay to the Claimant EUR 68,000.00 net in instalments as follows:
- EUR 15,000.00 net with the signature hereof on 30/01/2024;
- EUR 15,000.00 net on 31/03/2024;
- EUR 15,000.00 net on 30/04/2024;
- EUR 15,000.00 net on 31/05/2024;
- EUR 8,000.00 net on 30/06/2024.
3.
By correspondence dated 26 April 2024, the Claimant put the Respondent in default of
payment of EUR 15,000.00 corresponding to the instalment of 31 March 2024 setting a
10’days time limit in order to remedy the default.
II. Proceedings before FIFA
4.
On 17 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
5.
The requests for relief of the Claimant, were the following:
“Por todo ello, el Jugador SOLICITA a la Cámara de Resolución de Disputas
FIFA:
- Que acepte en su totalidad la presente reclamación.
- Que se reconozca la cantidad adeudada por el Club al Jugador al día de la fecha, esto es, la
cantidad de 53.000 euros netos, correspondientes a los siguientes plazos del Acuerdo:
15.000 euros netos del 31 de marzo de 2024.
15.000 euros netos del 30 de abril de 2024.
15.000 euros netos del 31 de mayo de 2024.
8.000 euros netos del 30 de junio de 2024.
- Que se condene al Club a abonar al Jugador la cantidad de 53.000 euros netos,
correspondientes a los siguientes plazos del Acuerdo que le adeuda en la actualidad:
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REF. FPSD-15263
15.000 euros netos del 31 de marzo de 2024.
15.000 euros netos del 30 de abril de 2024.
15.000 euros netos del 31 de mayo de 2024.
8.000 euros netos del 30 de junio de 2024.
- Que se condene al Club a abonar al jugador un interés por mora del 5% anual sobre las
cantidades referenciadas en el párrafo previo, desde las distintas fechas de pago, fechas desde
las que se encuentran vencidas y son exigibles:
15.000 euros netos del 31 de marzo de 2024.
15.000 euros netos del 30 de abril de 2024.
15.000 euros netos del 31 de mayo de 2024.
8.000 euros netos del 30 de junio de 2024.
- Que se imponga al Club la sanción consistente una multa económica (Artículo 12 bis 4.c)
y en la prohibición de inscribir nuevos jugadores, tanto en el ámbito nacional como en el
internacional, durante dos periodos de inscripción completos y consecutivos (Artículo 12
bis 4.d).”
The above, freely translate into English as follows:
In view of the above, the Player request the FIFA Dispute Resolution Chamber to:
- Accept this claim in all its grounds.
- Recognised the amount due by the Club to the Player, this is the amount of EUR 53.000 net
corresponding to the following instalments according to the settlement agreement:
• EUR .15.000 net on 31 March 2024
• EUR. 15.000 net on 30 April 2024
• EUR. 15.000 net on 31 May 2024
• EUR. 8.000 net on 30 June 2024
- Condemn the Club to pay to the Player the amount of EUR 53.000 net corresponding to the
following instalments according to the settlement agreement:
• EUR .15.000 net on 31 March 2024
• EUR. 15.000 net on 30 April 2024
• EUR. 15.000 net on 31 May 2024
• EUR. 8.000 net on 30 June 2024
- Condemn the Club to pay the Player an interest of 5% per annum from the respective due dates
of the above-mentioned amounts and until the effective date of payment as follows:
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REF. FPSD-15263
• EUR .15.000 net on 31 March 2024
• EUR. 15.000 net on 30 April 2024
• EUR. 15.000 net on 31 May 2024
• EUR. 8.000 net on 30 June 2024
- Impose a sanction to the Club consisting in a fine (art. 12bis 4.c) and a prohibition to register
new players at the national and international level, during two consecutive and complete
registration periods (art. 12bis 4.d).
b. Position of the Respondent
6.
In its reply, the Respondent held that:
“It is true that on 30 January 2024, the Claimant and the Respondent signed an agreement for the
Termination of the aforementioned employment contract whereby the Respondent accepted to pay
the Claimant the total net amount of EUR 68,000 in 5 installments, as defined in this termination
agreement. The Respondent acknowledges that it did in fact fail to pay the Claimant the outstanding
amount of 53,000 euros, but it is true that the Respondent had always the sincere intention to duly
fulfil its obligation towards the Claimant and never denied the amount due, which was not paid on
time due to some liquidity difficulties it has faced during the last months. As such, the Respondent
would like hereby to point out that it will pay the above amount due as soon as possible or in any
case try to find an amicable solution with the Claimant regarding the payment of the said amount,
and before the FIFA Football Tribunal passes a decision on the present claim, as the Respondent will
inform you accordingly, once the full payment has been made.”
pg. 5
REF. FPSD-15263
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
7.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter referred as:
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 17 July 2024 and
submitted for decision on 18 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.
8.
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 Single Judge is
competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between an Italian player and a Greek club.
9.
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 17 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
10. 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
11. His competence and the applicable regulations having been established, 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.
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REF. FPSD-15263
i. Main legal discussion and considerations
12. The foregoing having been established, the Single Judge 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
outstanding remuneration arising from a settlement agreement signed between the
parties.
13. The Single Judge recalled that, according to the Claimant, the Respondent failed to comply
with the outstanding remuneration arising from the Settlement Agreement amounting EUR
53,000.00 net in instalments as follows:
• EUR 15,000.00 net on 31 March 2024
• EUR 15,000.00 net on 30 April 2024
• EUR 15,000.00 net on 31May 2024
• EUR 8,000.00 net on 30 June 2024
14. On the other hand, the Single Judge noted that the Respondent’s argument that the
amount due was not paid due to some liquidity difficulties it has faced during the last
months. The Single Judge noted that the Respondent did not provide any evidence in this
regard.
15. In this context, the Single Judge acknowledged that his task was to determine based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent.
16. The Single Judge remarked that the Respondent bore the burden of proving that it indeed
complied with the financial terms of the Settlement Agreement concluded between the
parties, or that there was a prima facie contractual reason for nonpayment. In this respect,
the Single Judge noted that the Respondent did not provide any evidence support it
argument regarding facing liquidity difficulties.
17. As a consequence, and based on the general principle of pacta sunt servanda, the Single
Judge decided to award the Claimant EUR 53,000.00 net plus 5% interest p.a. as from the
day after the due dates as follows:
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 April 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 May 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 June 2024 until the date of
effective payment.
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REF. FPSD-15263
- 5% interest p.a. over the amount of EUR. 8.000 net as from 1 July 2024 until the date of
effective payment.
ii. Art. 12bis of the Regulations
18. 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.
19. To this end, the Single Judge confirmed that the Claimant put the Respondent in default of
payment of the amounts sought and granted 10 days to cure such breach of contract.
However, he noted that since the instalment of EUR 15,000.00 due on 31 March 2024 was
not due for more than 30 days at the moment of the default notice dated 26 April 2024.
The Single Judge also highlighted that there was no further evidence of any other default
notices.
20. Therefore, the Single Judge concluded that the requirements of art. 12bis had not been
met and, consequently, no sanctions based on this article shall apply.
iii. Compliance with monetary decisions
21. 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.
22. 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.
23. 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.
24. 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.
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REF. FPSD-15263
25. 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
26. 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.
27. 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.
28. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-15263
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Samuele Longo, is partially accepted.
2.
The Respondent, Pas Lamia1964 FC, must pay to the Claimant the following amount(s):
- EUR 53,000.00 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 April 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 May 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR. 15.000 net as from 1 June 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR. 8.000 net as from 1 July 2024 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
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. 10
REF. FPSD-15263
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-15263
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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