DRC Overdue Payables
Texto da decisão
REF. FPSD-19072
Decision of the
Dispute Resolution Chamber
passed on 17 June 2025
regarding an employment-related dispute concerning the player Robert
Andres Mejia Navarrete
BY:
Andre DOS SANTOS MEGALE, Brazil
CLAIMANT:
Robert Andres Mejia Navarrete, Colombia
Represented by Jose Aridane Perez Ortega
RESPONDENT:
Bitexen Giresunspor, Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-19072
I. Facts of the case
1.
On 2 August 2022, the Colombian player, Robert Andres Mejia Navarrete (hereinafter: the
Player or the Claimant), and the Turkish club, Bitexen Giresunspor (hereinafter: the Club or
the Respondent), entered into a federative and a private contract (hereinafter jointly
referred to as the Contract) valid as from 2 August 2022 until 31 May 2023.
2.
Pursuant to Article 4 of the Contract, the Club was entitled to extend the term of
employment unilaterally for three additional seasons.
3.
Pursuant to Article 6.1 of the Contract, the Club undertook to pay the Player, inter alia, the
following remuneration for the 2022/2023 football season:
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4.
EUR 5,000 net on 31 August 2022;
EUR 5,000 net on 30 September 2022;
EUR 5,000 net on 31 October 2022;
EUR 15,000 net on 30 November 2022;
EUR 25,000 net on 31 December 2022;
EUR 25,000 net on 31 January 2023;
EUR 25,000 net on 28 February 2023;
EUR 25,000 net on 31 March 2023;
EUR 25,000 net on 20 April 2023;
EUR 25,000 net on 31 May 2023.
Furthermore, according to Article 6.2 of the Contract, the Player would also be entitled to
the following bonuses:
“Bonuses: The below-mentioned bonuses shall be valid only during the life of this
contract. In case the contract will no longer in force or will be terminated by any reason
of under any name whatsoever, the Player shall not be entitled the bonuses for the
relevant football season in which the Player will not be registered for the Club in part and
or in full. The below-mentioned bonuses shall be valid for one time only per football
season. These bonuses shall be paid in 30 (thirty) days following the end of the relevant
football season in case of occurring.
Attendance Bonus: In case the Player plays at least 25 official TFF Super League matches
in first 11 of the Club during a relevant football season, the Player shall be entitled to
20.000.00- Euro (Twenty Thousand Euros) net as bonus payment pursuant to this article”.
5.
The caput of the same Article 6 also provided:
“The Club is obliged to pay the amounts as written below to the Player in return of his
services subject to this present contract, all payments indicated in this present contract
are agreed that are ‘net’ payments. For the avoidance of the doubt, the Club shall be
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REF. FPSD-19072
responsible of the taxes and deductions in accordance with the Turkish Tax legislation
and the Club shall not be responsible for any other obligations due to the -including but
not limited -additional tax duties, social contributions and/or levies related to the other
countries’ legislations. In case the Player will make the necessary tax declaration
regarding the payments stipulated in this Contract for his income tax related to the
amounts only stipulated in this Contract to the Turkish tax authorities and in case the
Player informs and submits to the Club the official tax assessment documents regarding
his income tax related with the amounts stipulated in this Contract, the Club shall make
the necessary income tax payment to the Player.”
6.
By letter dated 3 May 2023 but sent on 5 May 2023, the Player demanded payment of EUR
80,000 net in outstanding salary, allegedly corresponding to the difference between his
remuneration under the Contract and the amounts received from the Club. The Player
granted the Club a deadline of 15 days to remedy the breach.
7.
On 17 May 2023, the Club replied to the Player’s letter, acknowledging that the parties had
agreed to extend the payment deadline to 30 May 2023.
8.
On 18 May 2023, the Player sent the Club a second letter of default, extending the deadline
for payment of outstanding salary by 3 days, after which the Player would terminate the
Contract with just cause based on art. 14bis of the Regulations on the Status and Transfer
of Players (hereinafter: the Regulations).
9.
On 19 May 2023:
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the Club requested clarification on the deadline granted by the Player in his
previous letter;
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the Player confirmed that the Club was required to make the payment by no later
than 21 May 2023, 23h59min;
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the Club responded to the aforementioned letter, stating that the deadline granted
by the Player would fall on a weekend and that, in practice, there would be no
extension;
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the Player then granted the Club an additional deadline, stipulating that: (i) the Club
must pay EUR 40,000 net by 22 May 2023; and (ii) the remaining EUR 40,000 net
must be paid by 28 May 2023. The Player also reserved the right to terminate the
Contract on 23 May 2023 should the Club fail to comply with the first payment
obligation.
10. On 23 May 2023, the Club informed the Player that it had paid him EUR 40,000 the previous
day and submitted proof of payment.
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REF. FPSD-19072
11. On 29 May 2023, the Player acknowledged receipt of the first EUR 40,000 but confirmed
that he had not received the second payment. He requested that the Club remedy the
breach by 30 May 2023.
12. On 30 May 2023, the Club requested an extension of deadline until 2 June 2023.
13. On 31 May 2023, the Player accepted the Club’s request and asked for the remaining debt
(EUR 40,000 net) and his May salary (EUR 25,000 net) to be paid by 2 June 2023.
14. The Contract also expired on 31 May 2023.
II. Proceedings before FIFA
15. On 29 April 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Player
16. The Player referenced the parties’ correspondence and emphasized his cooperative
approach throughout the negotiations.
17. Nevertheless, the Player claimed that the Club failed to pay him:
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EUR 65,000 net as the balance of his salary under the Contract;
EUR 20,000 net as an appearance bonus under Article 6.2 of the Contract.
18. The Player also stressed that the parties had renegotiated the debt, thereby interrupting
the prescriptive period. He argued that, as such, the salary credit of EUR 65,000 net
ultimately fell due on 2 June 2023 and was therefore not time barred.
19. Similarly, the Player submitted evidence that he had met the attendance bonus set out in
Article 6.2 of the Contract, thereby triggering his entitlement to the bonus.
20. In conclusion, the Player requested to be awarded:
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•
EUR 65,000 net plus 5% interest p.a. from 2 June 2023;
EUR 20,000 net plus 5% interest p.a. from 30 June 2023.
21. The Player also submitted an alternative request for at least being awarded the salary for
the months of April and May 2023, plus the appearance bonus.
22. He also requested that sporting sanctions be imposed on the Player and that art. 24bis (sic)
of the Regulations apply.
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REF. FPSD-19072
b. Position the Club
23. On 4 June 2025, the Club responded to the claim, alleging that it had already paid the full
remuneration set out in the Contract. It therefore requested that the claim be rejected.
24. The Club allegedly provided proof of payment but failed to attach any documents to its
reply.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
25. 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 29 April 2025 and submitted for
decision on 17 June 2025. Taking into account the wording of arts. 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.
26. 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 (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 an Colombian player and a Turkish club.
27. At this point, the Single Judge recalled that the Player claimed outstanding remuneration
that dating back to March, April and May 2023. As this claim was lodged in late April 2023,
the Single Judge found that the part referring to March 2023 would, in principle, be timebarred in accordance with art. 23, par. 3 of the Regulations.
28. However, the Single Judge found that the Player claimed and proved that the parties had
renegotiated the debt and agreed on a new and final payment date of 2 June 2023. The
Single Judge similarly considered that the Club did not dispute this fact.
29. Therefore, the Single Judge concluded that the event that triggered the dispute has shifted,
and that the Player’s claim is admissible.
30. 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. 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-19072
b. Burden of proof
31. 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
32. 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
33. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim for overdue payables, including salaries and an appearance bonus.
34. The Single Judge noted that while the Player provided documentary evidence to support
his contractual claim (the appearance bonus included), the Club failed to prove that it had
complied with its financial obligations. In fact, the Club had the burden of proving that it
had made all the relevant payments to the Player (and/or that it had a valid reason not to
do so), but it failed to corroborate its reply brief with any evidence.
35. Consequently, the Single Judge ruled that the Player should be awarded the outstanding
remuneration claimed, plus interest from the day after each respective due date, as
follows:
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EUR 65,000 net plus 5% interest p.a. from 3 June 2023;
EUR 20,000 net plus 5% interest p.a. from 1 July 2023.
36. The Single Judge further clarified that the above dates consisted of: (i) the day after the final
deadline for paying the outstanding salary balance (3 June 2023); and (ii) 31 days after the
Contract expired for paying the appearance bonus.
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REF. FPSD-19072
ii. Art. 12bis of the Regulations
37. 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.
38. To this end, the Single Judge confirmed that the Player put the Club 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.
39. Accordingly, the Single Judge also 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 were met in the case at hand.
40. The Single Judge further established that, by virtue of art. 12bis par. 4 of the Regulations
the Single Judge has competence to impose sanctions on the club. On account of the above,
and bearing in mind that the Club has repeatedly breached this provision within the last
two years, the Single Judge decided to impose a warning and a fine of USD 3,000 on the
Club in accordance with art. 12bis par. 4 lit. a) and c) of the Regulations.
41. The Single Judge 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
42. 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.
43. 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.
44. Therefore, bearing in mind the above, the Single Judge decided that the Club must pay the
full amount due (including all applicable interest) to the Player within 45 days of notification
of the decision, failing which, at the request of the Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
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REF. FPSD-19072
45. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
46. 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
47. 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.
48. 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.
49. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 9
REF. FPSD-19072
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Robert Andres Mejia Navarrete, is partially accepted.
2.
The Respondent, Bitexen Giresunspor, must pay to the Claimant the following amount(s):
- EUR 65,000 net as outstanding remuneration plus 5% interest p.a. as from 3 June 2023
until the date of effective payment; and
- EUR 20,000 net as outstanding remuneration plus 5% interest p.a. as from 1 July 2023
until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning and a fine in the amount of USD 3,000 are 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-19072:
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:
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.
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REF. FPSD-19072
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-19072
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
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