Labour Disputes
Texto da decisão
REF. FPSD-18155
Decision of the
Dispute Resolution Chamber
passed on 09 April 2025
regarding an employment-related dispute concerning the Player Youness
Najari
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Youness Najari, Morocco
Represented by Mohamed Ghazi
RESPONDENT:
SALMIYA SC, Kuwait
Represented by Pedro Macieirinha
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REF. FPSD-18155
I. Facts of the case
1.
On 30 June 2024, the Moroccan player, Youness Najari (hereinafter: the Player or the
Claimant) and the Kuwaiti club, SALMIYA SC (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from July 2024 to
June 2025, with a total remuneration of USD 250,000.
2.
On 19 September 2024, the Claimant and the Respondent concluded a mutual termination
agreement of the Contract (hereinafter: the Termination Agreement).
3.
Clause 2 of the Termination Agreement read as follows:
“The [Player] acknowledges that he accept [sic] to receive the amount of US
$150,000/- (One Hundred and Fifty Thousand US Dollar) as a full and final settlement,
in lieu of his rights of various types resulting from the contract dated on 20/06/2024,
whether originating from the basic salaries or allowances or additional cash or inkind or compensation or any other source normal or exceptional.”
4.
Clause 3 of the Termination Agreement read as follows:
“The [Player] agrees that the [Club] shall pay the amount referred in the previous
article, as follow:
An amount of 75,000/- US dollars to be paid on 30/09/2024.
An amount of 75,000/- US dollars to be paid on 31/12/2024.”
5.
On 16 January 2025, the Claimant put the Respondent in default of payment of USD 75,000
corresponding to the 2nd installment of Termination Agreement; setting 10 days in order to
remedy the default.
II. Proceedings before FIFA
6.
On 8 February 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
7.
The Claimant lodged a claim for overdue payables and requested the payment of USD
75,000 corresponding to the second instalment of the Termination Agreement.
8.
The Player requested the following relief:
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REF. FPSD-18155
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USD 75,000 plus 5 % interest p.a. as from 31 December 2024 until the date of
payment; and
-
To impose a sportive sanction.
b. Position of the Respondent
9.
The Respondent provided a power of attorney; however, it failed to provide its position to
the claim.
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REF. FPSD-18155
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) analysed whether she was competent to deal with the case at hand. In
this respect, she took note that the present matter was presented to FIFA on 8 February
2025 and submitted for decision on 9 April 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.
11. Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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),
she is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Moroccan player and a Kuwaiti club.
12. Moreover, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 29 of
the Regulations on the Status and Transfer of Players (January 2025 edition), and
considering that the present claim was lodged on 8 February 2025, the January 2025 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
13. 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 she 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
14. The 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 she will refer only to the facts, arguments and documentary evidence,
which he considered pertinent for the assessment of the matter at hand.
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REF. FPSD-18155
i. Main legal discussion and considerations
15. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the Claimant requested payment of his outstanding
remuneration as per the Termination Agreement, namely USD 75,000.
16. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
17. The Single Judge first noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, the Single Judge observed that no evidence was provided.
18. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the contract concluded between the parties, namely USD 75,000.
19. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as from 1 January 2025 until the
date of effective payment.
ii. Compliance with monetary decisions
20. 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. 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, in
principle, of a ban from registering any new players, either nationally or internationally, up
until the due amounts are paid.
21. Notwithstanding the above, the Single Judge wished to remark that in accordance with art.
24 par. 3 of the Regulations, the aforementioned consequences may be excluded where
the pertinent FIFA deciding body has already imposed on the same party a sporting
sanction on the basis of article 12bis, 17 or 18quater of the Regulations.
22. In this respect, the Single Judge recalled that by means of a decision of the Football Tribunal
passed on 11 July 2024 and notified on 25 July 2024, a transfer ban has been imposed on
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REF. FPSD-18155
the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in the case FPSD14312.
23. Accordingly, the Single Judge established that in casu art. 24 par. 2 of the Regulations shall
not apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
24. In view of the above, the Single Judge decided that if the aforementioned sum plus interest
is not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
25. 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.
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 its deliberations by rejecting any other requests for relief
made by any of the parties.
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REF. FPSD-18155
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Youness Najari, is partially accepted.
2.
The Respondent, SALMIYA SC, must pay to the Claimant USD 75,000 as outstanding
remuneration plus 5% interest p.a. as from 1 January 2025 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.
If full payment is not made within 30 days of notification of this decision, the
present matter shall be submitted, upon request of the Claimant, to the FIFA
Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-18155
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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