Labour Disputes
Texto da decisão
REF. FPSD-17772
Decision of the
Dispute Resolution Chamber
passed on 19 February 2025
regarding an employment-related dispute concerning the Player
Adam Maher
BY:
Oleg Zadubrovskiy (Russia)
CLAIMANT:
Adam Maher, the Netherlands
Represented by Brantjes Advocaten
RESPONDENT:
Damac FC, Saudi Arabia
pg. 2
REF. FPSD-17772
I. Facts of the case
1.
On 10 July 2022, the Dutch player, Adam Maher (hereinafter: the Player or the Claimant),
and the Saudi Arabian club, Damac FC (hereinafter: the Club or the Respondent) entered into
an employment contract (hereinafter: the Contract) valid as the date of signature until
9 July 2025.
2.
According to the Contract, the Respondent undertook to pay the Claimant a monthly salary
of USD 125,000 net.
3.
On 13 December 2024, the Claimant lodged a claim for overdue payables, with reference
FPSD-17453, in respect of the salary for November 2024 under the abovementioned
Contract.
4.
On 3 January 2025, the FIFA administration issued a proposal in the matter with reference
FPSD-17453.
5.
On the same day, the Claimant put the Respondent in default of payment of USD 125,000
net, corresponding to the salary of December 2025, granting a deadline of 10 days to
remedy the alleged default.
6.
On 20 January 2025, the FIFA Administration issued a confirmation letter in the matter with
reference FPSD-17453.
7.
On 3 February 2025, the FIFA Administration issued the abovementioned confirmation
letter anew, in light of a clerical error contained therein.
II. Proceedings before FIFA
8.
On 13 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
9.
In his claim, the player argued that the Respondent failed to pay the salary under the
Contract corresponding to the month of December 2024 – in the amount of USD 125,000
net.
10. The Claimant specified that, despite having put the Respondent in default, the latter failed
to comply with its financial obligations.
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REF. FPSD-17772
11. Consequently, the Claimant requested overdue payables of USD 125,000 net, plus interest
as from the respective due date.
b. Position of the Respondent
12. In its reply, the Respondent briefly argued that a decision had already been passed in
respect of the amounts in dispute (i.e., FPSD-17453), and that therefore the present claim
was affected by res iudicata.
pg. 4
REF. FPSD-17772
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
13. 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 13 January 2025 and submitted for
decision on 19 February 2025. Taking into account the wording of art. 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.
14. 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 (January 2025 edition), the Dispute
Resolution Chamber is – in principle – competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between an
Dutch player and a Saudi Arabian club.
15. The Single Judge did not fail to take note of the allegation raised by the Respondent in
respect of the same claim allegedly being previously brought by the Claimant (i.e.,
concerning the December 2024 salary), and subsequently being formally decided upon.
16. In this sense, the Single Judge referred to the claim with reference FPSD-17453, which
indeed was based on the salary of November 2024, and not December 2024 (as in the
present claim).
17. The Single Judge remarked that such confusion may have been caused by a clerical error
related to the specific interest rate indicated in the confirmation letter in the matter with
reference FPSD-17453, which was, subsequently, rectified by the FIFA General Secretariat
and re-notified formally to the parties on 3 February 2025.
18. Furthermore, and for the sake of completeness, the Respondent did not adduce any
evidence of any other (potential) decision being passed in respect of the December 2024
salary under the Contract, to corroborate its argument that such instalment had been the
object of other proceedings or of another valid and binding decision.
19. Thus, the Single Judge dismissed the argument as to res iudicata and proceeded with his
assessment.
20. 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 (January 2025 edition), and
considering that the present claim was lodged on 13 January 2025, the January 2025 edition
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REF. FPSD-17772
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
21. 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
22. 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.
i. Main legal discussion and considerations
23. The Single Judge then moved to the substance of the matter, and took note of the fact that
the basis of the present dispute concerned the payment of the salary for the month of
December 2024, in the amount of USD 125,000 net.
24. In this context, the Single Judge acknowledged that it its task was to determine whether the
amount indeed remained outstanding or not, and if so, what the consequences of such
non-payment may be.
25. The Single Judge recalled that, pursuant to the principle of the burden of proof, a party that
alleges a certain fact, also must corroborate its veracity with adequate evidence.
26. In this sense, the Single Judge observed that the Respondent bore the burden of proving
that the payment in dispute had been made, contrary to the Claimant’s assertion that it
remained outstanding.
27. Notwithstanding, the Respondent failed to contest the non-payment.
28. Thus, the Single Judge concluded that the amount indeed remained outstanding.
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REF. FPSD-17772
29. Based thereupon, the Single Judge decided that the Respondent shall be held liable to pay
the Claimant the outstanding remuneration of USD 125,000 net, in accordance with the
general legal principle of pacta sunt servanda.
30. Lastly, the Respondent shall pay interest on the abovementioned amount at the annual
rate of 5% as from 1 January 2025 until the date of effective payment.
ii. 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 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.
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.
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 Chamber decided that no procedural costs were to be
imposed on the parties.
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REF. FPSD-17772
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 its deliberations by rejecting any other requests for relief
made by any of the parties.
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REF. FPSD-17772
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Adam Maher, is admissible.
2.
The claim of the Claimant is accepted.
3.
The Respondent, Damac FC, must pay to the Claimant USD 125,000 net as outstanding
remuneration plus 5% interest p.a. as from 1 January 2025 until the date of effective
payment.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-17772
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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