DRC Overdue Payables
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed on 1 October 2015,
by Philippe Diallo (France), DRC judge,
on the claim presented by the player,
Player A, Country B
as Claimant
against the club,
Club C, Country D
as Respondent
regarding an employment-related dispute
between the parties in connection with overdue payables
I.
Facts of the case
1.
On 8 July 2014, the Player of Country B, Player A (hereinafter: the Claimant) and
the Club of Country D, Club C (hereinafter: the Respondent) signed an
employment contract (hereinafter: the contract) valid as from 5 July 2014 until 30
June 2015.
2.
In accordance with the contract, the Respondent undertook to pay to the
Claimant a monthly salary of EUR 1,200. Furthermore, the contract provided that
the Claimant was entitled to a “point bonus” of EUR 80 for every point and of
EUR 240 for every three points.
3.
By correspondence dated 30 July 2015, the Claimant put the Respondent in
default of payment of EUR 4,240 setting a time limit of 10 days in order to
remedy the default.
4.
On 21 August 2015, the Claimant lodged a claim against the Respondent in front
of FIFA asking that the Respondent be ordered to pay him overdue payables in
the amount of EUR 4,240 corresponding to his salaries of (part of) March, (part of)
April, May and June as well as outstanding “point bonuses”. Equally, the Claimant
asked to be awarded interest of 5% p.a. on all the amounts.
5.
In spite of having been invited to do so, the Respondent has not replied to the
claim.
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the
matter at hand. In this respect, he took note that the present matter was
submitted to FIFA on 21 August 2015. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(edition 2015; hereinafter: Procedural Rules) are applicable to the matter at hand
(cf. art. 21 of the Procedural Rules).
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 2015), he is competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension
between a Player of Country B and a Club of Country D.
Player A, Country B / Club C, Country D
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3.
Furthermore, the DRC 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 par. 2 of the Regulations on the Status and Transfer of Players
(2015), and considering that the present claim was lodged on 21 August 2015, the
2015 edition of said regulations (hereinafter: 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 on file. However, the DRC judge
emphasised that in the following considerations he will refer only to the facts,
arguments and documentary evidence, which he considered pertinent for the
assessment of the matter at hand.
5.
Having said this, the DRC judge acknowledged that the Claimant and the
Respondent signed an employment contract valid as of 5 July 2014 until 30 June
2015, in accordance with which the Claimant was entitled to receive from the
Respondent a monthly salary of EUR 1,200 as well as “point bonuses” of EUR 80
for every point and of EUR 240 for every three points.
6.
In continuation, the DRC judge took note that the Claimant lodged a claim
against the Respondent in front of FIFA, maintaining that the Respondent has
overdue payables towards him in the total amount of EUR 3,200 for his salaries of
(part of) March, (part of) April, May and June 2015 plus “point bonuses” in the
amount of EUR 1,040, corresponding to 13 points.
7.
In this context, the DRC judge took particular note of the fact that, on 30 July
2015, the Claimant put the Respondent in default of payment of the
aforementioned amounts, setting a time limit of 10 days in order to remedy the
default.
8.
Consequently, the DRC judge concluded that the Claimant had duly proceeded in
accordance with art. 12bis par. 3 of the Regulations, which stipulates that the
creditor (player or club) must have put the debtor club in default in writing and
have granted a deadline of at least ten days for the debtor club to comply with its
financial obligation(s).
9.
Subsequently, the DRC judge took into account that the Respondent, for its part,
failed to present its response to the claim of the Claimant, in spite of having been
Player A, Country B / Club C, Country D
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invited to do so. In this way, the DRC judge considered that the Respondent
renounced its right to defence and thus accepted the allegations of the Claimant.
10.
Furthermore, as a consequence of the aforementioned consideration, the DRC
judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules he
shall take a decision upon the basis of the documents on file, in other words,
upon the statements and documents presented by the Claimant.
11.
Having said this, the DRC judge acknowledged that, in accordance with the
documentation provided by the Claimant, the Respondent was obliged to pay him
a monthly salary of EUR 1,200 as well as EUR 80 for every point and EUR 240 for
every three points as “point bonuses”.
12.
Taking into account the documentation presented by the Claimant in support of
his petition, the DRC judge concluded that the Claimant had substantiated his
claim pertaining to overdue payables with sufficient documentary evidence.
13.
On account of the aforementioned considerations, the DRC judge established that
the Respondent failed to remit the Claimant’s salaries of (part of) March, (part of)
April, May and June in the amount of EUR 3,200 as well as “point bonuses” in the
amount of EUR 1,040.
14.
In addition, the DRC judge established that the Respondent had delayed a due
payment for more than 30 days without a prima facie contractual basis.
15.
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
overdue payables in the total amount of EUR 4,240.
16.
In addition, taking into account the Claimant’s request as well as the constant
practice of the Dispute Resolution Chamber, the DRC judge decided that the
Respondent must pay to the Claimant interest of 5% p.a. as of the date of the
receipt of the claim.
17.
In continuation, taking into account the consideration under number II./14. above,
the DRC judge 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.
Player A, Country B / Club C, Country D
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18.
The DRC judge further established that by virtue of art. 12bis par. 4 of the
Regulations he has competence to impose sanctions on the Respondent. Bearing
in mind that the Respondent did not reply to the claim, the DRC judge decided to
impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c) of the
Regulations. Furthermore, taking into consideration the amount due, the DRC
judge regarded a fine amounting to CHF 1,000 as appropriate and hence decided
to impose said fine on the Respondent.
19.
In this connection, the DRC judge wished to highlight 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.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, overdue payables in the amount of EUR 4,240
plus interest at the rate of 5% p.a. as of 21 August 2015 until the date of effective
payment.
3.
In the event that the amount due to the Claimant is not paid by the Respondent
within the stated time limit, the present matter shall be submitted, upon request,
to the FIFA Disciplinary Committee for consideration and a formal decision.
4.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance is to be made and to notify the DRC
judge of every payment received.
Player A, Country B / Club C, Country D
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5.
The Respondent is ordered to pay a fine in the amount of
CHF 1,000. The fine is to be paid within 30 days of notification of the present
decision to FIFA to the following bank account:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Note relating to the motivated decision (legal remedy):
According to article 67 par. 1 of the FIFA Statutes, this decision may be appealed
against before the Court of Arbitration for Sport (CAS). The statement of appeal must
be sent to the CAS directly within 21 days of receipt of notification of this decision and
shall contain all the elements in accordance with point 2 of the directives issued by the
CAS, a copy of which we enclose hereto. Within another 10 days following the expiry
of the time limit for filing the statement of appeal, the appellant shall file a brief
stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4
of the directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the DRC judge:
Markus Kattner
Acting Secretary General
Player A, Country B / Club C, Country D
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Encl. CAS directives
Player A, Country B / Club C, Country D
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