DRC Overdue Payables
Texto da decisão
REF. FPSD-17670
Decision of the
Dispute Resolution Chamber
passed on 30 April 2025
regarding an employment-related dispute concerning
the player Alain Serge Mouangue Ekwa
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Andre DOS SANTOS MEGALE (Brazil), Member
Roy VERMEER (The Netherlands), Member
CLAIMANT:
Alain Serge Mouangue Ekwa, Cameroon
Represented by Luca Smacchia
RESPONDENT:
Association Sportive de Kigali, Rwanda
pg. 2
REF. FPSD-17670
I. Facts of the case
1.
On 27 January 2022, the Cameroonian player, Alain Serge Mouangue Ekwa (hereinafter: the
Player or the Claimant), and the Rwandan club, Association Sportive de Kigali (hereinafter:
the Club or the Respondent), entered into an employment contract (hereinafter: the Contract)
valid for the seasons 2022/2023 and 2023/2024.
2.
In clause 3 of the Contract, the parties stipulated (quoted verbatim):
“Article 3. The Player’s recruitment
AS KIGALI accepts to give MOUANGUE Ekwa Alain Serge
a Recruitment fee of Ten million Rwandan francs (10,000,000 Rwf) (10,000 usd) an
amount of six million francs (6.000.000) (6000 usd) that should he paid at the time/day
of signing. (When the player arrives at the club)
And the balance will be paid on 30th of March 2022.
Article 3: Salary and other awards
AS KIGALI accepts to Pay the player a monthly net salary of Eight Hundred thousand
(800,000 Rwf) (800 usd) per month, and then every match that the team will win, a player
will gain an incentive of Thirty Thousand Rwandan francs (30,000 Rwf) but when he is on
lineup of that match.”
3.
According to the information available in the FIFA Transfer Matching System (TMS), on 1
July 2024, the parties concluded a document entitled “Mutual Termination Agreement”
(hereinafter: the Agreement), which established the following (quoted verbatim):
“MUTUAL TERMIANATION AGREEMENT
This form is filled in situations of every player/coach leaves the club, but most especially
those that leave before their time is not due for various circumstances.
PLAYER COMMITMENTS from ALAIN SERGE MOUANGUE EKVVA:
• ALAIN SERGE MOUANGUE EKWA agrees not to claim any salary going forward because
he has terminated this contract by mutual consent, and he does not claim any other
amount apart from what is mentioned in this document.
CLUB COMMITMENTS:
pg. 3
REF. FPSD-17670
• The club will pay ALAIN SERGE MOUANGUE EKWA his full a salaries of February, march
& April 2024
• The club after signing this agreement will provide to the player his release letter and
TPO, for player’s future Transfers
NOTE: by signing this agreement on July 1st, 2024 all parties agree that no party will
further claim anything from the other party.”
4.
On 4 December 2024, the Player put the Club in default and requested payment of USD
17,000 within 10 days.
II. Proceedings before FIFA
5.
On 3 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
6.
The Player argued that the Club failed to pay him 22 salaries, from February 2023 until
November 2024. In this regard, the Player argued that he sent a notice of default to the
Club on 4 December 2024, but the Club neither made the payment nor provided any
justification or explanation for the lack of payment.
7.
The Claimant’s requests for relief were the following (quoted verbatim):
“• recognize that the Respondent delayed the payments of sums due to the Player for
more than 30 (thirty) days without a prima facie contractual basis, applying art. 12 bis
FIFA RSTP;
• condemn the Respondent to pay the total sum of USD 17.600 (seventeen thousand six
hundred USD) due as follows:
• USD 800 (eight hundred US dollars) as February 2023 salary plus interests at 5% pa
since 28 February 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as March 2023
salary plus interests at 5% pa since 31 March 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as April 2023
salary plus interests at 5% pa since 30 April 2023 until the date of the payment;
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REF. FPSD-17670
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as May 2023
salary plus interests at 5% pa since 31 May 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as June 2023
salary plus interests at 5% pa since 30 June 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as July 2023
salary plus interests at 5% pa since 31 July 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as August 2023
salary plus interests at 5% pa since 31 August 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as September
2023 salary plus interests at 5% pa since 30 September 023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as October 2023
salary plus interests at 5% pa since 31 October 2023 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as November
2023 salary plus interests at 5% pa since 30 November 2023 until the date of the
payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as December
2023 salary plus interests at 5% pa since 31 December 2023 until the date of the
payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as January 2024
salary plus interests at 5% pa since 31 January 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as February 2024
salary plus interests at 5% pa since 28 February 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as March 2024
salary plus interests at 5% pa since 31 March 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as April 2024
salary plus interests at 5% pa since 30 April 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as May 2024
salary plus interests at 5% pa since 31 May 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as June 2024
salary plus interests at 5% pa since 30 June 2024 until the date of the payment;
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REF. FPSD-17670
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as July 2024
salary plus interests at 5% pa since 31 July 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as August 2024
salary plus interests at 5% pa since 31 August 2024 until the date of the payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as September
2024 salary plus interests at 5% pa since 30 September 2024 until the date of the
payment;
• condemn the Respondent to pay USD 800 (eight hundred US dollars) as October 2024
salary plus interests at 5% pa since 31 October 2024 until the date of the payment;
-condemn the Respondent to pay USD 800 (eight hundred US dollars) as November 2024
salary plus interests at 5% pa since 30 November 2024 until the date of the payment;
• impose on the Respondent disciplinary sanctions applying art. 12 bis point 4 FIFA
RSTP;
• condemn the Respondent to pay all the proceedings costs and legal fees.”
8.
It should be noted that the Claimant made no reference to the Agreement in this claim.
b. Reply of the Respondent
9.
On 7 January 2025, the FIFA general secretariat invited the Respondent to present its
position on the Player’s claim by no later than 27 January 2025.
10. On 28 January 2025, the FIFA general secretariat acknowledged that no response had been
received from the Respondent within the abovementioned deadline and therefore
informed the parties that no further submission would be admitted to the case file
c. Additional comments of the Claimant
11. On 20 February 2025, the FIFA general secretariat referred the parties to the Agreement, a
copy of which retrieved from TMS. For the sake of the good procedural order, the FIFA
general secretariat invited the Claimant to provide his comments exclusively on the
Agreement.
12. On 1 March 2025, the Claimant provided comments and argued that, in July 2024, he was
not being paid by the Respondent and that, instead of fulfilling its payment obligations, the
Club had attempted to force him to leave without receiving the outstanding salaries.
pg. 6
REF. FPSD-17670
13. According to the Player, he found a new club in Zambia that was interested in signing him
at the end of July 2024. However, he claimed that the Club failed to return his passport and
pressured him to waive all his outstanding salary as a condition to terminate the Contract.
The Player also stated that he only signed the Agreement to be able to join the new
Zambian club and retrieve his passport.
14. The Player further alleged that the Agreement is null and void, as waivers of remuneration
for work already performed are deemed immoral under arts. 20 (1), 341, 361 and 362 of
the Swiss Code of Obligations (SCO).
15. Hence, the Player stated that the Agreement shall be disregarded, and his claim accepted.
d. Additional comments of the Respondent
16. On 3 March 2025, the Club submitted an unsolicited correspondence in reply to the Player’s
letter of 1 March 2025.
17. On 6 March 2025, the FIFA general secretariat acknowledged receipt of the Club’s
unsolicited correspondence of 3 March 2025, but informed the parties that it would be
disregarded based on art. 11 par. 4 of the Procedural Rules Governing the Football Tribunal
(hereinafter: the Procedural Rules). Notwithstanding, and for the sake of the good
procedural order, the FIFA general secretariat formally invited the Respondent to provide
comments exclusively on the Claimant’s latest correspondence, along with any
documentary evidence it deemed useful in its support. The FIFA general secretariat also
informed the Club that any submission going beyond the scope of the request would be
disregarded.
18. On 7 March 2025, the Club replied to the above letter as follows.
19. The Club first argued that the Player’s statement - that it was putting pressure on him to
leave the Club without receiving any payments - was false. Additionally, the Club asserted
that it had never retained the Player’s passport, and that the Player failed to provide any
evidence on this regard.
20. The Club further stated that at the end of the season, the Player requested to terminate
the Contract, and both parties signed the Agreement, in which they agreed that the Club
would pay him three monthly salaries (February, March and April 2024) with no further
claims from either party.
21. Furthermore, the Club submitted additional comments concerning the status of the
Player’s employment and an alleged departure from the Contract. In this regard, the Club
requested the Football Tribunal to dismiss the case, arguing that it was unfounded.
pg. 7
REF. FPSD-17670
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
22. 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 3 January 2025 and submitted for decision on
30 April 2025. Taking into account the wording of art. 31 and 34 of the January 2025 edition
of the Procedural Rules, the aforementioned edition of the Procedural Rules is applicable
to the matter at hand.
23. 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 (hereinafter: 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 a Cameroonian player and a Rwandan club.
24. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Admissibility of the Club’s additional comments
25. The Chamber then recalled that, on 6 March 2025, the FIFA general secretariat granted the
Club a deadline to provide comments exclusively regarding the Player’s comments on the
Agreement and informed it that any submission going beyond the scope of the request
would be disregarded.
26. In this context, the Chamber noted that, along with its comments, the Club provided
evidence not related to the comments made by the Player nor to the Agreement and made
allegations that went beyond the scope of the request, including claims that the Player was
injured and that his salary had been suspended.
27. In this context, the Chamber emphasised that the Club should not be benefitted with an
additional deadline to provide a defence regarding the substance of the claim, when it
failed to comply with the deadline to provide a response.
28. Therefore, and as was expressly warned to the Club by the FIFA general secretariat, the
Chamber ruled that the Club’s additional comments are only partially admissible, solely to
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REF. FPSD-17670
the extent that they refer to the signature of the Agreement and the comments made by
the Player.
c. Burden of proof
29. 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 TMS.
d. Merits of the dispute
30. 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.
i. Main legal discussion and considerations
31. The Chamber then moved to the substance of the matter, noting that it concerned a claim
of a player against a club for outstanding remuneration.
32. The Chamber recalled that, according to the Player, the Club failed to pay him 22 salaries,
from February 2023 to November 2024. Additionally, regarding the Agreement, the
Chamber noted that the Player stated it could not be considered valid, as it would
constitute a waiver for work already performed.
33. Since the Respondent did not provide its position on the claim, but provided additional
comments regarding the Agreement, the Chamber determined that the decision shall be
taken based on the documentation already in the file (i.e., the statements and documents
presented by the Claimant) (cf. art. 21 par. 1 of the Procedural Rules) but considering the
Respondent’s additional comments insofar as they were admitted to the case file. In this
sense, the Chamber observed that the Club stated the Agreement was valid and binding
and, therefore, the Player agreed to receive only three salaries without any further claims.
34. In this context, the Chamber acknowledged that its task was to determine the amount to
which the Player is entitled, if any.
pg. 9
REF. FPSD-17670
35. However, and in order to support its analysis of a potential debt owed by the Club to the
Player, the Chamber pointed out that it should also rule on the following supporting issues:
a.
b.
The original duration of the Contract
The validity and legal effect of the Agreement
36. The Chamber then made the following determinations regarding each of the above.
a.
Original duration of the Contract
37. As a starting point, the Chamber noted that that the Contract was valid for the seasons
2022/2023 and 2023/2024. As the duration of the Contract was not specified in terms of
dates, the Chamber deemed it necessary to determine its start and end dates.
38. The Chamber underlined that, according to the information retrieved from TMS, the official
football seasons in Rwanda were defined as follows:
•
•
2022/2023 season: from 19 August 2022 to 4 June 2023;
2023/2024 season: from 12 August 2023 to 30 June 2024.
39. Consequently, the Chamber found that the duration of the Contract would, in principle,
run from 19 August 2022 to 30 June 2024.
40. However, upon further consideration of the case file, the DRC also deemed that this did
not appear accurately reflect the facts vis-à-vis the parties’ allegations and the Player’s
transfer records in TMS.
41. In particular, and also based on the information retrieved from TMS, the Chamber noted
that the Player was transferred to the Club on 2 February 2022, which was also consistent
with (i) the Contract being signed on 27 January 2022, and (ii) the sign-on fee under clause
3 of the Contract being split into one payment due on the date of signature, and a second
payment of the balance due on 30 March 2022.
42. Furthermore, the Chamber pointed out that the Club had voluntarily recorded in TMS that
the Contract was due to start on 27 January 2022 and end on 26 January 2024.
43. Based on the above, the Chamber decided that the Contract’s start date was in fact 27
January 2022, as suggested by the Player and explicitly confirmed by the Club in TMS.
44. Nevertheless, the Chamber found that the same rationale could not be applied to the
Contract’s end date. Here, the DRC found that the information inputted by the Club in TMS
(i.e., 26 January 2024) not only contradicted the Contract, which established that it would
last until the end of the 2023/2024 season in Rwanda (i.e., 30 June 2024), but was also
flawed considering the supplementary evidence available in the case file.
pg. 10
REF. FPSD-17670
45. The Chamber noted that admitting that the Contract ended on 26 January 2024 would be
illogical as the parties admittedly concluded the Agreement on 1 July 2024, referring to
salary payable for the months of February, March and April 2024 (i.e., after the “original
end date” listed by the Club in TMS). While the Chamber stated that it still had to decide on
the validity of the Agreement, it determined that this document served as decisive evidence
that the Contract was valid beyond 26 January 2024.
46. Hence, based on the particularities of the case and the constructive assessment of the
evidence, the Chamber concluded that the Contract should be considered valid from 27
January 2022 until the end of the 2023/2024 season as defined in TMS, i.e., 30 June 2024.
b. Validity and legal effect of the Agreement
47. Next, the Chamber recalled that the Player argues that the Club failed to pay him 22
salaries, from February 2023 until November 2024. Nonetheless, considering that the end
date of the Contract was considered to be 30 June 2024, the Chamber acknowledged that
the Club could only owe the Player 17 monthly salaries, i.e., from February 2023 until June
2024.
48. At this point, the Chamber underscored that the Respondent bore the burden of proving
that it indeed complied with the financial terms of the Contract and/or that it had a valid
reason for not doing so. Nevertheless, the Club failed to provide any evidence
demonstrating that it had complied with its obligations, meaning that the Player would be
in principle entitled to the unpaid remuneration claimed.
49. Notwithstanding the above, the Chamber recalled that the parties signed the Agreement,
by means of which (i) they stated that they mutually terminated the Contract, (ii) the Player
undertook not to claim any future amount and limited his claim to the amounts stipulated
in the document, (iii) the Club undertook to pay the Player his salaries for February, March
and April 2024 and (iv) the Club undertook to provide the Player with a release letter.
50. In other words, the Chamber considered that enforcing the Agreement would entail that
the Club’s obligation to the Player would be limited to three month’s salary, for February,
March and April 2024.
51. At this point, the Chamber recalled that the Player argued that the Agreement cannot be
considered valid as it constitutes a waiver for work already performed and that he signed
under pressure because the Club had been withholding his passport. The Club, however,
stated that the Agreement was validly concluded and should be enforced.
52. In this context, the Chamber first noted that the Player neither disputed the signature of
the Agreement nor provided any evidence of the alleged pressure / duress to sign it. The
DRC therefore concluded that the Agreement was in principle valid and binding.
pg. 11
REF. FPSD-17670
53. Nevertheless, the Chamber also recalled that merely signing of a contract does not ensure
the enforceability of its contents. Accordingly, the Chamber referred to the well-established
jurisprudence of the Football Tribunal and the Court of Arbitration for Sports (CAS) on
waivers, which provides that (i) in general terms, an employee (e.g., a player or a coach)
cannot waive remuneration for work already performed; and (ii) in order to assess whether
a transaction is permissible, the court / deciding-making body is required to conduct a
balancing of interests by considering whether the reciprocal claims waived by each party
are of comparable value. Put differently, whether there is an appropriate equivalence
between the parties’ reciprocal concessions.
54. In this case, the Chamber noted that the Club failed to timely reply to the claim and did not
provide any evidence of having paid the salaries claimed by the Player up until the
signature of the Agreement. Thus, the Chamber could only conclude that, until that date,
the Club owed the Player the salaries from February 2023 to June 2024, i.e., 17 salaries. The
Chamber also observed that, through the Agreement, the Player agreed to receive only
three salaries (from February to April 2024) and, in exchange, (i) the Contract would be
prematurely terminated and (ii) the Club would provide him with all the relevant
documents for his transfer to any future employer.
55. While considering the above, the Chamber first noted that it had already ruled that the
Contract was only valid until the end of the season (i.e., 30 June 2024) and that the
Agreement was only signed on 1 July 2024. Therefore, the Chamber concluded that the
employment relationship had expired by its agreed term, so there was no need for the
parties to sign an agreement to mutually terminate it.
56. Then, in the Chamber’s opinion, terminating the Contract cannot be considered as a
concession in favour of the Player, as the Chamber considered that it had already expired.
Moreover, the Chamber noted that the Club did not provide any evidence demonstrating
that it was the Player who requested the conclusion of this document, which was clearly
drafted and prepared by the Club.
57. The Chamber found important to remark that the Agreement stated that it was a form used
in situations where any player was leaving the Club, again corroborating that it was drafted
at the Club’s initiative.
58. The Chamber stated that the same rationale applied to the documents provided by the
Club regarding a release for a future transfer: given that the Contract had already expired,
the Club could not prevent the Player from continuing his career elsewhere. Therefore, the
Chamber understood that this could not be considered as a concession.
59. Based on the above, the Chamber considered that the Player enjoyed no equivalent benefit
while waiving 14 salaries for work already performed.
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REF. FPSD-17670
60. In conclusion, the Chamber was not convinced that the Agreement had been legally
concluded between the parties, as it placed the Player at an unjustified disadvantage
compared to the Club, as set out in well-established jurisprudence. Consequently, the DRC
ruled that that the Agreement should be declared null and void.
c. Consequences
61. Having stated the above, the Chamber noted that the Player was entitled to a monthly net
salary of RWF 800,000, which the parties established that was equivalent to USD 800.
Therefore, the Chamber considered that the Player was entitled to a monthly salary of RWF
800,000 or USD 800 net as from January 2022 until the end of the 2023/2024 season.
Considering that the Contract did not establish a due date for the salaries, based on the
jurisprudence of the Football Tribunal, the Chamber determined that they were to be paid
by the end of the month.
62. The Chamber ruled that the Player is entitled to the salaries from February 2023 until June
2024, at RWF 800,000 or USD 800 each. Notwithstanding, the Chamber underlined that the
Player is not entitled to any salary beyond that date, as the season ended on 30 June 2024
and, on 1 July 2024, he signed a contract with the Zambian club Zesco United Football Club.
63. Based on the Player’s request and the confirmed contractual basis, the Chamber decided
to award the Player the amounts in USD. Additionally, the Chamber decided to award
interest at a rate of 5% p.a. as from the day after each due date, i.e., the first day of the
following month.
ii. Art. 12bis of the Regulations
64. In continuation, 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.
65. To this end, the Chamber confirmed that the Player put the Club in default of payment of
the amounts sought and granted it a 10-day deadline to cure such breach of contract.
66. Accordingly, the Chamber confirmed that the Club had delayed a due payment without a
prima facie contractual basis for more than 30 days. It followed that the criteria enshrined
in art. 12bis of the Regulations was met in the case at hand.
67. 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, the Chamber
decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
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REF. FPSD-17670
68. 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.
iii. Compliance with monetary decisions
69. 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.
70. 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.
71. 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.
72. 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.
73. 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.
e. Costs
74. 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.
75. 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.
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76. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 15
REF. FPSD-17670
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Alain Serge Mouangue Ekwa, is partially accepted.
2.
The Respondent, Association Sportive de Kigali, must pay to the Claimant the following
amount:
- USD 13,600 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 800 as from 1 March 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 April 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 May 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 June 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 July 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 August 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 September 2023 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 October 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 November 2023 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 December 2023 until the date
of effective payment;
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REF. FPSD-17670
- 5% interest p.a. over the amount of USD 800 as from 1 January 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 February 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 March 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 800 as from 1 July 2024 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning is imposed on the Respondent.
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.
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.
pg. 17
REF. FPSD-17670
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 18
REF. FPSD-17670
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
pg. 19