Dispute Resolution Chamber
Texto da decisão
REF 20-01764
Decision of the
DRC Judge
passed on 21 April 2020,
regarding an employment-related dispute concerning the player Filip Mrzljak
BY:
Pavel Pivovarov (Russia), DRC Judge
CLAIMANT :
Filip Mrzljak, Croatia
Represented by Gianpaolo Monteneri & Anna Smirnova
RESPONDENT:
SC Dinamo 1948, Romania
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I. FACTS OF THE CASE
1.
On 1 July 2019, the Croatian player, Filip Mrzljak (hereinafter: Claimant or player) and the Romanian
club, SC Dinamo 1948 (hereinafter: Respondent or club) signed an employment contract (hereinafter:
contract) valid as from 1 July 2019 until 31 May 2020.
2.
According to the contract, the Respondent undertook to pay the Claimant a monthly salary of EUR
11,000.
3.
Furthermore, according to art. 3.1. of the contract, the player was further entitled to the following
monies:
- EUR 22,500 as “bonus for signing the contract” until 20 July 2019;
- EUR 22,500 as “bonus for signing the contract” until 20 January 2020;
- EUR 600 “for the team victory in official game as titular in game played as titular minim 45
minutes in official games of Dinamo I in League I”.
4.
Art. 4.1 of the contract stipulates: “The sums calculated and owed to the sportsman in accordance
with this contract will be paid for on a monthly basis by the club, till no later than the 15 day of the
month following the one wherefore payment is due”.
5.
On 28 April 2020, the parties signed an additional agreement (hereinafter: agreement), according to
which the second instalment of the “bonus for signing the contract” initially due on 20 January 2020,
would be paid as follows:
- EUR 12,500 until 28 April 2020;
- EUR 10,000 until 15 June 2020.
6.
On 1 June 2020 the parties concluded an addendum to the contract (hereinafter: addendum),
according to which the contract was extended “until the date of last official game in competitional
season 2019/2020”.
7.
According to the addendum, the Respondent undertook to pay the Claimant the following monies:
- EUR 11,000 as monthly salary;
- EUR 8,500 as payment until 31 December 2020.
8.
On 1 October 2020, the Claimant put the Respondent in default and requested payment of EUR
42,206 within 10 days.
9.
On 24 November 2020, the Respondent remitted a partial payment in the amount of EUR 27,561.86.
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10.
On 3 December 2020, with a subsequent amendment on 11 January 2021, the Claimant lodged a
claim against the Respondent in front of FIFA and requested payment of EUR 22,674, as follows:
- EUR 1,774 as pro-rata salary for August 2020 (until 5 August 2020) plus 5% interest as of 16
August 2020;
- EUR 10,000 corresponding to the second instalment of the signing-on fee due on 15 June
2020 (plus 5% interest as of 16 June 2020);
- EUR 2,400 as victory bonus for participation in 4 matches (4x EUR 600; note: list is on file, no
interest requested).
- EUR 8,500 bonus payment due on 31 December 2020 based on the addendum (plus 5%
interest as of 1 January 2021.
The Claimant further requested 5% interest p.a. as of the relevant due dates.
11.
In his claim, the player argued that the season 2019/2020 was extended until 5 August 2020, when
the last match was played and that his contract was extended with the addendum.
12.
In this regard, the Claimant held that he club failed to pay parts of his remuneration up to today.
13.
In its reply to the claim, the Respondent rejected parts of the claim.
14.
The club acknowledged its debt of the pro-rata salary for August 2020 (EUR 1,774) as well as the
bonus payment based on the addendum (EUR 8,500).
15.
Regarding the salary of August 2020, the Respondent referred to art. 4.1 of the contract and pointed
out that such amount fell due on 15 September 2020 only, and not on 15 August 2020 as claimed.
16.
Moreover, the club disputed the victory bonuses claimed by the player (EUR 2,400). In this regard it
submitted an untranslated payment receipt, according to which allegedly two out of the four claimed
bonuses in the amount of EUR 1,200 were paid.
17.
Furthermore, the Respondent argued that the other two match bonuses were not due since they
occurred during the extension of the contract and not during the “regular season”.
18.
Regarding the claimed signing-on fee (EUR 10,000), the club alleged having already remitted said
amount, while submitting another untranslated payment receipt in this respect.
19.
Finally, the Respondent committed to remit the acknowledged debt until 31 March 2021.
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REF 20-01764
II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
1.
First of all, the Dispute Resolution Chamber judge (hereinafter also referred to as DRC judge) analysed
whether he was competent to deal with the case at hand. In this respect, he took note that the
present matter was submitted to FIFA on 3 December 2020 and submitted for decision on 21 April
2021. Taking into account the wording of art. 21 of the January 2021 edition of the Rules Governing
the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter:
the Procedural Rules), the June 2020 edition of the Procedural Rules is applicable to the matter at
hand.
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed
that in accordance with art. 24 par. 1 and par. 2 in conjunction with art. 22 lit. b of the Regulations
on the Status and Transfer of Players (edition January 2020), he is competent to deal with the matter
at stake, which concerns an employment-related dispute with an international dimension between a
player and a club.
3.
Furthermore, the DRC judge analysed which regulations should be applicable as to the substance of
the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations
on the Status and Transfer of Player (edition February 2021), and considering that the present claim
was lodged on 3 December 2020, the October 2020 edition of said regulations (hereinafter: the
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the DRC judge and the applicable regulations having been established, the DRC
judge entered into the substance of the matter. In this respect, the DRC judge started by
acknowledging all the above-mentioned facts as well as the arguments and the documentation
submitted by the parties.
5.
First of all, the members of the DRC judge recalled that, on 1 July 2019, the parties concluded a
contract valid as from 1 July 2019 until 31 May 2020 as well as an addendum, according to which
the contract was extended “until the date of last official game in competitional season 2019/2020”.
6.
In continuation, the DRC judge noted that the Claimant lodged a claim against the Respondent
maintaining that a part of his salary related to August 2020, a part of the signing-on fee as well as
bonuses remained outstanding. Consequently, the Claimant asks to be awarded his outstanding dues
of the employment contract.
7.
The Respondent, for its part, acknowledged its debt of the pro-rata salary for August 2020 (EUR
1,774) as well as the bonus payment due based on the addendum (EUR 8,500), but argued having
paid the signing-on fee as well as the other bonus claimed by submitting untranslated payment
receipts.
8.
Having said this, the DRC judge acknowledged that the central issue in the matter at stake was to
determine as to whether the player was entitled to the monies claimed or not.
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9.
With the above in mind, the DRC judge proceeded with an analysis of the circumstances surrounding
the present matter, the parties’ arguments as well the documentation on file, bearing in mind art. 12
par. 3 of the Procedural Rules, in accordance with which any party claiming a right on the basis of an
allged fact shall carry the burden of proof.
10.
The DRC Judge took notice that the Respodent acknowledged its debt of the pro-rata salary for
August 2020 (EUR 1,774) as well as the bonus payment due based on the addendum (EUR 8,500).
11.
Furthermore, the DRC Judge pointed out that the payment receipts submitted by the Respondent in
order to support its allegation that it had remitted the claimed signing-fee (EUR 10,000) as well as the
victory bonuses (EUR 2,400) were not translated into a FIFA language, as necessary in accordance
accordance with art. 9 par. 1 lit. e) of the Procedural Rules. Therefore, the DRC Judge decided not
take those documents into account and he concluded that the Respondent failed to proof that it had
remitted those amounts.
12.
Moreover, the DRC Judge rejected the Respondent’s argument that that the victory bonuses do not
apply to the contract extension, as the wording of the contract and the addendum suggest otherwise.
13.
In this context, the DRC judge considered that the arguments raised by the Respondent cannot be
considered a valid reason for non-payment of the monies claimed by the Claimant, in other words,
the reasons brought forward by the Respondent in its defence do not exempt the Respondent from
its obligation to fulfil its contractual obligations towards the Claimant.
14. Consequently, the DRC judge decided that, in accordance with the general legal principle of pacta
sunt servanda, the Respondent is liable to pay to the Claimant outstanding remuneration in the total
amount of EUR 22,674, corresponding to the partial salary claimed for August 2020 (EUR 1,774), the
bonus based on the addendum (EUR 8,400), the signing-on fee (EUR 10,000) as well as the victory
bonuses (EUR 2,400).
15. Taking into consideration the Claimant’s request, and the DRC’s long-standing jurisprudence, as well
as the claim of the Claimant, the DRC judge decided to award the Claimant 5% interest p.a. as of
the respective due dates. In this respect, the DRC judge noted that no interest was claimed for the
victory bonuses.
16. The DRC judge concluded its deliberations by rejecting any further claim of the Claimant.
17. Furthermore, taking into account the consideration under number II./3. above, the DRC judge referred
to par. 1 and 2 of art. 24bis 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.
18. In this regard, the DRC judge established that, in virtue of the aforementioned provision, it has
competence to impose a sanction on the Respondent. More in particular, the DRC pointed out that,
against clubs, the sanction shall consist in a ban from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three entire and
consecutive registration periods.
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19. Therefore, bearing in mind the above, the DRC judge decided that, in the event that the Respondent
does not pay the amount due to the Claimant within 45 days as from the moment in which the
Claimant, following the notification of the present decision, communicates the relevant bank details
to the Respondent, a ban from registering any new players, either nationally or internationally, for the
maximum duration of three entire and consecutive registration periods shall become effective on the
Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.
20. Finally, the DRC judge recalled that the above-mentioned sanction will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the
Regulations.
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III. DECISION OF THE DRC JUDGE
1.
The claim of the Claimant, Filip Mrzljak, is partially accepted.
2.
The Respondent, SC Dinamo 1948, has to pay to the Claimant, the following amount:
- EUR 1,774 as outstanding remuneration plus 5% interest p.a. as from 16 September 2020
until the date of effective payment;
- EUR 8,500 as outstanding remuneration plus 5% interest p.a. as from 1 January 2021 until
the date of effective payment.
- EUR 10,000 as outstanding remuneration plus 5% interest p.a. as from 16 June 2020 until
the date of effective payment.
- EUR 2,400 as outstanding remuneration.
3.
Any further claims of the Claimant are rejected.
4.
The Claimant is directed to immediately and directly inform the Respondent of the relevant bank
account to which the Respondent must pay the due amount.
5.
The Respondent shall provide evidence of payment of the due amount in accordance with this
decision to [email protected], duly translated, if applicable, into one of the official FIFA languages
(English, French, German, Spanish).
6.
In the event that the amount due, plus interest as established above is not paid by the Respondent
within 45 days, as from the notification by the Claimant of the relevant bank details to the
Respondent, the following consequences shall arise:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods. The aforementioned ban mentioned will be
lifted immediately and prior to its complete serving, once the due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
7. This decision is rendered without costs.
For the DRC Judge:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 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 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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