Labour Disputes
Texto da decisão
REF. FPSD-12679
Decision of the
Dispute Resolution Chamber
passed on 13 June 2024
regarding an employment-related dispute concerning the player Moses
Orwohicho Ogbu
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Angela COLLINS (Australia), Member
Laurel VAURASI (Fiji), Member
CLAIMANT:
Moses Orwohicho Ogbu, Sweden
Represented by David Mikhail
RESPONDENT:
Shaanxi Chang'an Union Football Club, China PR
pg. 2
REF. FPSD-12679
I. Facts of the case
The employment relationship at the basis of the dispute
1.
On 26 August 2022, the Swedish player Moses Orwohicho Ogbu (hereinafter: Player or
Claimant) and the Chinese club Shaanxi Chang'an Athletic Football Club (hereinafter:
Shaanxi Athletic) entered into an employment contract for the period from 26 August
2022 to 31 December 2023 (hereinafter: Contract).
2.
According to article 3 of the Contract, Shaanxi Athletic undertook to pay the following
amounts to the Player:
3.
•
USD 250,000 net (USD 431,097.50 gross) as annual salary for the year 2022,
payable in equal monthly instalments due on the 15th day of each month from
26 August 2022 to 31 December 2022; and
•
USD 550,000 net (USD 943,728 gross) as annual salary for the year of 2023,
payable in equal monthly instalments due on the 15th day of each month from 1
January 2023 to 31 December 2023.
In accordance with the Annex to the Contract, the Player should also be entitled to, inter
alia, the following bonuses:
•
USD 1,500 net (USD 1,546 gross) per goal scored, taking into account that 2
assists are equivalent to 1 goal; and
•
USD 20,000 net (USD 24,812 gross) as an appearance bonus if the Player plays at
least 20% of the total league playing time in the 2022 season, payable after the
last match of the season.
4.
According to the information retrieved from the FIFA Transfer Matching System (TMS), the
official 2022 season of the Chinese Football Association (CFA) ended on 31 December
2022.
5.
According to the Player, (i) on 29 March 2023, Shaanxi Athletic announced its dissolution;
and (ii) on 31 March 2023, Shaanxi Athletic informed him by telephone of the termination
of the Contract with immediate effect. It should be noted, however, that no evidence has
been provided in this regard.
6.
On 1 April 2023, the Player signed a new contract with the Chinese club Shijiazhuang
KungFu Football Club, with a term from the date of signing until 31 December 2023.
Accordingly, the Player would be entitled to a monthly remuneration of USD 16,000 net.
pg. 3
REF. FPSD-12679
7.
On 6 April 2023, the CFA confirmed the cancellation of the license granted to, inter alia,
Shaanxi Athletic due to overdue payables.
8.
On 9 April 2023, Shaanxi Athletic issued a “Letter to the Majority of Fans and Member Refund
Notice”, stating as follows, quoted verbatim:
“Dear fans and friends, hello!
Due to various reasons, [Shaanxi Athletic] regret failed to pass the Chinese Football
Association access, after we saw a lot of touching messages and tear pictures, everyone
was moved, I believe that all this is a deep love for [Shaanxi Athletic]!
Although [Shaanxi Athletic] can not appear as a professional team in China, [Shaanxi
Athletic] still tries to make various attempts, hoping to give back to all the fans who love
[Shaanxi Athletic] football. In the future, we will seriously study and summarize,
formulate new planning goals, strive to compete the debt restructuring of [Shaanxi
Athletic], and focus on local competitions in Shaanxi, youth football development and
commercial integration. Do not forget the beginner’s mind, the courage to explore boldly,
the determination of the re-birth of Nirvana, do not live up to the inheritance of the old
Qin!
At the beginning of 2023, [Shaanxi Athletic] took the lead in releasing [Shaanxi Athletic]
membership program, which received the attention of the whole society and the support
of more than 10,000 members. We look forward to the continuation of professional
football in Shaanxi, and please look forward to the birth of the first real membership
club in China.
2023 [Shaanxi Athletic] member refund immediately, click the ‘Read More’ button below
to return the full amount of the original way to your account. Here we express our deep
gratitude to every member, and kindly ask every member to leave your name, which is
the price of all of us in Shaanxi, and you are also the witness of our [Shaanxi Athletic]
for so many years. Later, we will launch a limited edition jersey designer by the names of
the more than 10,000 fans and members, to pay tribute to and remember all the people
who have supported Shaanxi football!
Hats off to you guys and love you forever!”.
The appearance of Shaanxi Chang'an United Football Club
9.
On 10 May 2023, Shaanxi Athletic and the club Shaanxi Chang'an United Football Club
(hereinafter: Shaanxi United, Club or Respondent) entered into an agreement for the
transfer of the social media accounts in WeChat and Douyin of the former club by the
latter. It should be noted that the purchase fee was not disclosed by Shaanxi United,
allegedly for confidentiality reasons.
pg. 4
REF. FPSD-12679
10.
On 20 May 2023, Shaanxi United issued a statement entitled “Our name is Shaanxi
Chang’an United!”, quoted verbatim:
“Thanks to the fans and friends waiting, this time we have seen Shaanxi fans tears shed
training ground can not bear to say goodbye; heard Shaanxi fans continue to yearn for
the hometown to welcome professional teams; feel the determined of Chinese football
reform and the opportunity to continue to improve; the most important thing is that the
bran continues to emerge the magnificent, exciting red wave. Under the appeal of
Shaanxi fans and the guidance of provincial sports bureau, provincial football
management center and other leading organizations, Shaanxi Changan United Football
Club was established.
Shaanxi Changan United Football Club will be committed to Shaanxi as home, rooted in
the local, through in-depth community and schools, to bring the joy of football to their
hometown; With fans as the core, through the membership system so that the majority
of fans can participate in common, joint decision-making, joint supervision; Take nonprofit as the purpose, combine the objective law of Chinese football development, pursue
long-term survival and sustainability development. Continuous reform and innovation,
date to be the first, and boldly explore the road of healthy development of Chinese
professional football. To take responsibility and mission, inheriting the spirit of the
Northwest Wolf.
Born in Chang-an.
All the forced that can be combined.
The United [...] will be in a real sense.
A non-profit membership football club for fans.
Our Membership
The membership system is formulated under the background of comprehensive research
on the advanced experience of foreign clubs and combined with the occurrent situation
of football development in China and the enthusiasm of Shaanxi fans for their hometown
teams. The rights and interests of members at all levels include but are not limited to the
rights of directors and supervisors to be elected, the right to initiate motions, the right to
vote in elections of directors and supervisors, the right to vote on matters such as team
badges and team songs, priority in purchasing tickets, various discounts and
concessions, and benefits in kind.
Shaanxi Changan United Football Club holds at least one exclusive general meeting every
year. Club members will participate in the elections of directors and supervisors by voting
pg. 5
REF. FPSD-12679
at the general meeting. The club’s finances are open and transparent, and major affairs
can be decided by members. Fans are no longer bystanders, but the common builders,
participants and supervisors of Shaanxi Changan United Football Club.
After careful evaluation with professionals, a discussion draft of the membership charter
will be released in the near future. Including the of each category of membership, fees,
details of rights and interests, and the club will be gradually adjusted from individual
shareholders to non-profit organizations, etc. Welcome to join the discussion.
CUFC
The story that belongs to Shaanxi never ends, Shaanxi fans have been writing the
legendary chapter that belongs to the northwest wolf. The best fans bring us great
confidence, we look forward to working with Shaanxi fans to explore innovation, build
our own team, hand in hand on the new journey of football development”.
11.
On 1 June 2023, Shaanxi United issued a statement entitled “Shaanxi Chang’an joint team
emblem collection officially launched” inviting the interested recipients to submit ideas for
the Club’s new emblem and providing information on the selection process.
12.
On 17 June 2023, Shaanxi Union issued a statement entitled “Chang’an joint return to the
first training Fengdong Football Park thousands of fans cheer!”, quoted verbatim:
“Even if it is only a common training course for the champion team, [...] thousands of
Shaanxi fans in the heavy rain came to Fengdong Football Park to cheer for [Shaanxi
United]. Thanks to the support and love of the fans, all the staff of the Shaanxi team will
live up to the trust, and strive to prepare for the finals, let us unite to fight for Shaanxi!
First Team Preparation
[Shaanxi United] first team returned to Xi’an on June 15 and officially began the
preparations for the Chinese Championship League Finals at Fengdong Football Park in
Xixian New Area on June 16. Despite the change of venue on weekdays, there were still
many fans who braved the rain to arrive at the training ground early, and number of
fans reached thousands during training. The fans cheered and shouted in unison,
making the training of the Northwest Wolf full of passion.
Before the first training, Fengdong Football Park took into account the impact of the rain
and the feelings of the fans, and temporarily changed the closed training to open
training, so that the fans could cheer for the team in the stands. Thanks to Fengdong
Football Park in Xixian New District for its help [...]
Coach Huang Yong shouted to the fans after training: ‘the first day of training, I was very
impressed with so many fans. I want to say thank you, thank you for your support! We
pg. 6
REF. FPSD-12679
will strive to make the team progress, live up to your love!’
Before training, there was a red fire outside the training ground. During the training, the
fans’ associations launched their flags in the stands. Fengdong Football Park became a
red sea, which belong to Shaanxi fans and is also the starting point of the new journey
of the Northwest Wolf.
[...]
Team Emblem Collection
Many designers, fans and students participated in this team emblem collection. The
enthusiasm has been so encouraging that we have decided to extend the deadline for
the collection of team badges to 21 June, and then invite experts and clubs to form a
preliminary jury to select the final list of candidates for members to vote on.
[...]
Even in the fourth level of the league, even if the replacement of the training ground,
even under heavy rain, [...] thousands of fans came to the training ground to cheer for
the northwest wolf, which is the beginning of the heart and courage of [Shaanxi United]
joint departure!”.
13.
On 21 June 2023, Shaanxi United issued a statement entitled “Please click to view the
detailed arrangements for the emblem voting” acknowledging receipt of several designs for
the new emblem and informing, inter alia, of further steps to be taken in this regard.
14.
On 28 June 2023, Shaanxi United issued a statement entitled “Shaanxi Chang’an United
Team Emblem Candidate Works”, in which it announced the preferred emblems and invited
the recipients to vote on the winner.
15.
On 28 June 2023, Shaanxi United issued a statement entitled “Shaanxi Chang’an United
Team Emblem Candidate Works”, inviting the addressees to vote on the Club’s new emblem.
16.
On 1 September 2023, the Player put Shaanxi Athletic in default and demanded payment
of USD 475,290, representing outstanding salaries from September 2022 to May 2023 and
bonuses. The Player requested that the default be cured within the following 10 days.
The Player’s original claim against Shaanxi Athletic
17.
On 25 September 2023, the Player filed a claim with FIFA against Shaanxi Athletic, which
was registered under ref. no. FPSD-11929 (hereinafter: Original Claim). In this context, the
Player alleged that the Contract was terminated without just cause upon Shaanxi Athletic’s
announcement of its dissolution. As a result, the Player requested to be awarded USD
pg. 7
REF. FPSD-12679
463,832 as outstanding remuneration and USD 405,996 as compensation for breach of
contract.
18.
On 30 October 2023, the FIFA general secretariat confirmed that, in accordance with the
information provided by the CFA, Shaanxi Athletic was no longer affiliated to that
association or participating in competitions. The Original Claim was therefore closed on
the basis of art. 9.1, lit. b) of the Procedural Rules Governing the Football Tribunal.
II. Current proceedings before FIFA
19.
On 15 November 2023, the Player submitted the claim at hand to FIFA. This time, the
Player sought redress against Shaanxi United, as alleged sporting successor of Shaanxi
Athletic.
20.
During the course of these proceedings, the parties recalled the background of their
employment relationship, but also presented new evidence on the issue of sporting
succession, as detailed in the preceding section. A brief summary of the parties’
arguments is set out below.
a. Claim of the Player
21.
In his claim, the Player recalled (i) the terms of the Contract; (ii) the alleged termination by
Shaanxi Athletic without just cause; and (iii) the outcome of the Original Claim. Thereafter,
the Player argued that Shaanxi United was the sporting successor of Shaanxi Athletic and
therefore liable for the consequences of the wrongful termination in accordance with art.
25 of the FIFA Regulations on the Status and Transfer of Players (RSTP).
22.
The Player made the following allegations regarding the sporting succession:
•
On 26 April 2023, the former CEO of Shaanxi Athletic bought the club named
Binzhou Huilong Football Club Co. and changed its name to Shaanxi United on 10
May 2023;
•
On 18 May 2023, the website of Shaanxi Athletic was changed to Shaanxi United.
The latter’s social media accounts were also changed, and there are still posts
from Shaanxi Athletic;
•
On 20 May 2023, Shaanxi United was introduced, inheriting the fan base, training
ground, colors and popularity of Shaanxi Athletic. Similarly, the new Shaanxi
United emblem was adopted after the voting process;
•
Shaanxi Athletic and Shaanxi United share several similarities, as follows:
pg. 8
REF. FPSD-12679
Elements
Name
Legal form
History
Colours
Shaanxi Athletic
Shaanxi
Chang’an
Athletic
Football Club
Limited liability company
Founded in 2016 in Shaanxi
Province but ceased to exist
2023
Red, blue, and white
Shaanxi United
Shaanxi Chang’an United Football
Club
Limited liability company
Founded in 2020 in Shaanxi Province
as Binzhou Huilong Football Club Co.,
Ltd but changed its name to the
name of [Shaanxi United] in 2023
Red, blue, and white
Logos
Venues
Social
media
Players
Public
perception
Holy Rosefinch Stadium and
Weinan Sports Centre Stadium
1. [Shaanxi Athletic] on WeChat
2. [Shaanxi Athletic] on TikTok
Holy Rosefinch Stadium and Weinan
Sports Centre Stadium
1. [Shaanxi United] on WeChat (the
same as the [Shaanxi Athletic], the
account only changed name)
2. [Shaanxi United] on TikTok (the
same as the [Shaanxi Athletic], the
account only changed name)
Former players of [Shaanxi Athletic]: Jie Ding, Shou Wen, Zhaoji Xu, Chen
Li, Peng Yang, Yuxuan Zhang, Xing Chen, Weipu Wang, Shun Su, Wubin
Wen, Zhaoyi Huang, Wu Xu, Zhenyun Xi, Zhiquan Pang and other players
have transferred to [Shaanxi United].
[Shaanxi United] communicates with fans of [Shaanxi Athletic] through
the same social media. It is the same fan-base that is communicated with
through these channels.
The same medical staff from [Shaanxi Athletic] is now working in
[Shaanxi United]. The physios, that have transferred are: Bian Yongzhu
and Allen. One of the doctors that has transferred is He Yuejin.
The translator in [Shaanxi Athletic] is now working in [Shaanxi United] in
another administrative role, his name is Pang Bokai.
Employees
The goalkeeper coach in [Shaanxi Athletic] is now working in [Shaanxi
United], Zhenyu Song.
The team leader in [Shaanxi Athletic] is now working in [Shaanxi United],
Xian Bin.
The assistant coach, that also used to be a player 2020 and 2021 in
[Shaanxi Athletic] is now working in [Shaanxi United], Wang Xiaolong.
The vice president of [Shaanxi Athletic] is now the president of the
[Shaanxi United], Zhang Wei.
pg. 9
REF. FPSD-12679
The executive director of [Shaanxi Athletic] is now the executive director
and a substantial shareholder of [Shaanxi United].
23.
•
With respect to the logo, the Player emphasized that the fans chose the one that
was the closest to the original Shaanxi Athletic emblem, thus confirming their
connection from a popular perspective;
•
Equally important to the Player is the fact that (i) Shaanxi United’s press releases
made several references to the continuity of Shaanxi Athletic, the “northwest wolf”
and the “return to the professional league”, again confirming the “umbilical link”
between the two clubs; and (ii) almost the entire roster and staff of Shaanxi
Athletic were taken over by Shaanxi United, as well as the club’s management
and shareholders; and
•
The criteria set forth in the jurisprudence of the Court of Arbitration for Sport
(CAS) for the establishment of a sporting succession are met in the present case,
and therefore Shaanxi United will inherit not only the reputation and glory of
Shaanxi Athletic, but also the debts.
In light of all the foregoing, the Player requested that Shaanxi United be ordered to pay
the following amounts:
a) USD 463,832 as outstanding remuneration, to be calculated as follows:
•
•
•
•
•
•
•
•
•
•
USD 62,500 due on 15 September 2022;
USD 62,500 due on 15 October 2022;
USD 62,500 due on 15 November 2022;
USD 62,500 due on 15 December 2022;
USD 45,833 due on 15 January 2023;
USD 45,833 due on 15 February 2023;
USD 45,833 due on 15 March 2023;
USD 45,833 due on 15 April 2023;
USD 10,500 as goal and assist bonus; and
USD 20,000 as appearance bonus.
b) USD 405,996 as compensation for breach of contract, to be calculated as follows:
•
•
•
•
•
•
•
USD 29,833 due on 15 May 2023;
USD 29,833 due on 15 June 2023;
USD 29,833 due on 15 July 2023;
USD 29,833 due on 15 August 2023;
USD 29,833 due on 15 September 2023;
USD 29,833 due on 15 October 2023;
USD 29,833 due on 15 November 2023;
pg. 10
REF. FPSD-12679
•
•
•
USD 29,833 due on 15 December 2023;
USD 29,833 due on 15 January 2023;
USD 137,499 as additional compensation i.e., 3 monthly salaries.
24.
Regarding the compensation for breach of contract, the Player stated that the amount
claimed had already been already reduced vis-à-vis the remuneration earned with his new
club, Shijiazhuang KungFu Football Club.
25.
The Player’s requests for relief were as follows, quoted verbatim:
“(a) declares that the DRC has jurisdiction to rule on the present dispute;
(b) consider [Shaanxi United] as the new sporting successor of [Shaanxi Athetic];
(c) condemns [Shaanxi United] to pay USD 463,832 net of applicable taxes, as
outstanding remuneration plus interest at a rate of 5% (five per cent) per annum as from
the respective payment due date until the date of effective payment, corresponding to
all salaries between 26 August 2022 and the end of March 2023 and the bonuses as
stated in the employment agreement;
(d) condemns [Shaanxi United] to pay USDUSD 405,996 as compensation for breach of
contract plus interest at a rate of 5% (five per cent) per annum as from the respective
payment due date until the date of effective payment, corresponding to the mitigated
compensation between April 2023 and December 2023, as well as additional
compensation; and,
(e) imposes any available disciplinary sanctions on [Shaanxi United]”.
b. Reply of Shaanxi United
26.
On 8 January 2024, Shaanxi United filed its reply to the Player’s claim, denying that it was
the sporting successor of Shaanxi Athletic, but rather an independent legal entity with
separate operations, legal rights, and liabilities.
27.
In its reply, Shaanxi United confirmed that its predecessor was Binzhou Huilong Football
Club Co, whose name was subsequently changed to Shaanxi United “aiming at attracting
all football fans of Shaanxi”.
28.
Notwithstanding the foregoing, Shaanxi United contested each of the documents
submitted by the Player in support of his claim of sporting succession, inter alia, as follows:
•
Creation of Shaanxi United: contrary to the Player’s position, who suggests that
the Club was created in May 2023, it was actually created on 30 March 2020;
pg. 11
REF. FPSD-12679
29.
•
Shared media: Shaanxi United purchased the social media previously used by
Shaanxi Athletic. The price of the operation was not disclosed for confidentiality
reasons. Furthermore, the old articles of Shaanxi Athletic were only available due
to the “lack of sufficient media operation”;
•
Statement dated 20 May 2023: the document was poorly translated, and, in any
event, no reference was made to Shaanxi Athletic;
•
Statement dated 17 June 2023: since the withdrawal of Shaanxi Athletic, Shaanxi
United became the only professional football team in Shaanxi, so it was natural
natural for fans to take the materials referring to the name of the city;
•
Logo: the media releases submitted by the Player showed the call and vote for
the new logo of Shaanxi United, which does not resemble the logo of Shaanxi
Athletic at all. The references to the Shaanxi spirit in the communications are
again justified because Shaanxi United became the only club in the city – not
because of the connection with Shaanxi Athletic;
•
Documents relating to the takeover of Shaanxi Athletic by Shaanxi United: there
is no evidence that Mr Zhang Wei was the former CEO of Shaanxi Athletic;
•
Reference to “returning” to the professional league: Shaanxi United is the only
team from Shaanxi that plays CFA competitions.
Shaanxi United also submitted made the following additional comments:
•
Legal form: Shaanxi United and Shaanxi Athletic with the Chinese authorities as
different legal entities;
•
Corporate names: the names of the clubs are different. Shaanxi Athletic has
never changed its name to include the “United”;
•
Competition names: Bin Zhou Hui Long Football Club Co changed its name to that
of Shaanxi United from 10 May 2023, but there is no link with Shaanxi Athletic;
•
Locations: the two entities have different “business locations”;
•
Shareholders: the companies do not have the same shareholders. It should be
noted that the Respondent has provided partially translated documents
regarding the distribution of its shares, but some of the names are similar to
those of Shaanxi Athletic;
•
Senior Officers: Shaanxi United and Shaanxi Athletic have never shared the same
senior officers. The Respondent provided several documents in this regard;
pg. 12
REF. FPSD-12679
30.
•
Stadiums and training fields: “the two clubs never shared any stadium or training
field. In fact, [Shaanxi United] was only approved to use Weinan Stadium since
September 2023, which is much later than the disqualification of [Shaanxi Athletic]’s
disqualification”;
•
Players: some of the players were transferred from Shaanxi United to Shaanxi
Athletic. This was a due to (i) the disappearance of Shaanxi Athletic; (ii) the Player’s
intention to stay in the same city; and (iii) Shaanxi United’s need for experienced
players for sporting reasons;
•
Coaching staff: the current head coach of Shaanxi United only worked for Shaanxi
Athletic for one year and subsequently moved to another Chinese club.
Therefore, the Player’s allegation that the two clubs shared the same coaching
staff was false;
•
Other personnel: Shaanxi United made the same argument for the other
members of its staff i.e., that they intended to remain in the same location after
their employment with Shaanxi Athletic. Shaanxi United confirmed that it had the
following overlapping members with Shaanxi Athletic: medical officer, team
doctor, staff member, assistant coaches and team manager;
•
Logos: the designs of the logos are different, and the wolf is often used as a
mascot in China because it is a cultural symbol;
•
Sponsors: Shaanxi United and Shaanxi Athletic share only one sponsor (i.e., Lining
Sport), which is “one of the biggest sponsors in sports events and clubs”.
•
Social media: the social media accounts were “legally purchased” from Shaanxi
Athletic and the Club has made improvements to avoid misunderstandings by
the fans. In addition, although TikTok was included in the transfer agreement,
Shaanxi United registered its own user, different from Shaanxi Athletic;
•
References to “Northwest Wolf”, “Northwest Wolf Spirit” or “In heritage of the
Northwest Wolf Spirit”: “these terms are in fact an expression of competitive, fierce,
cooperation, endurance, persistence since northwest wolf is a totem in China”;
•
Shaanxi Athletic has not yet filed for bankruptcy and therefore would still have
standing to be sued by the Player.
Shaanxi United concluded its submission as follows, quoted verbatim:
pg. 13
REF. FPSD-12679
“59. In conclusion, [Shaanxi United] is NOT the sporting successor of [Shaanxi Athletic].
To summarize, the Respondent took the following facts into consideration before such
opinion is concluded.
60. In our opinion to determine whether a club shall be the successor of another club,
the following questions must be reviewed: (a) Does the principle of separate legal entity
apply? In other words, can [Shaanxi United] and [Shaanxi Athletic] be deemed as one
same legal entity under Chinese law? And, (b) From sporting succession perspective, can
[Shaanxi United] falls with the scope of sporting successor of [Shaanxi Athletic]?
61. Does the principle of separate legal entity apply? In other words, can [Shaanxi
United] and [Shaanxi Athletic] be deemed as one same legal entity under Chinese law?
1. According to the laws and regulations of mainland of the People’s Republic of China
as well as relevant jurisprudence, several rules are applicable when determine if different
legal entities shall be deemed as independent from each other.
2. Among these rules, the key questions are whether (1) the entities can make decision
without unjustified influence of another; (2) the assets are separate from each other; (3)
the business are separate from each other; and (4) the employees are separate from
each other.
3. According to the information above, there is no evidence whatsoever showing
[Shaanxi Athletic] is under any influence of [Shaanxi United], or any of the club’s asset,
business or employee is mixed up from each other.
4. As such, judging from prima facie evidence, [Shaanxi United] and [Shaanxi Athletic]
are NOT considered as one same legal entity.
62. Can [Shaanxi United] falls with the scope of sporting successor of [Shaanxi
Athletic]?
5. We understand that the identity of a club is constituted by elements such as its name,
colours, fans, history, sporting achievements, shield, trophies, stadium, roster of players,
historic figures, etc. that allow it to distinguish from all the other clubs.
6. As summarized above, we do NOT consider [Shaanxi United] being the sporting
successor of [Shaanxi Athletic] since none of the elements abovementioned can be
reasonably considered as same.
7. We have to make a few explanations regarding the name, fans, colours/logos.
8. Name: Although both club includes ‘Chang’an’ in their club name, but this is because
Chang’an is the traditional name of Xi’an which is the capital city of Shaanxi Province
pg. 14
REF. FPSD-12679
(see Chanq'an - Wikipedia). Even if [Shaanxi United] has not yet moved to Xi'an, but it
could be their plan in order to operate in a market much bigger than Bin Zhou City.
9. Fans: After [Shaanxi Athletic] disbanded, there is no football club incorporated in
Shaanxi Province participating in CFA Super League, China League One or even China
League Two. Therefore, it is reasonable that fans welcome [Shaanxi United] as the latter
being the only club based in Shaanxi which close to top tier football competition in China.
10. Colours/Logos: Please kindly noted that "shield-shaped" logos are commonly used as
one of the forms of football club logo in China. For example, Shanghai Port FC, Shandong
Taishan FC, Wuhan Three Towns FC, Beijing Guoan FC, Changchun Yatai FC, Tianjin
Jinmen Tiger FC, Cangzhou Mighty Lions FC, Meizhou Hakka FC, Shenzhen FC and
Nantong Zhiyun FC are using shieldshaped or similar shape logos. These are only the
examples of CFA Super League clubs, and you may find more example in other divisions”.
31.
In light of the above, Shaanxi United requested that the Player’s claim be dismissed.
c. Rejoinder of the Player
32.
On 16 January 2024, the Player filed his rejoinder in this matter and rebutted Shaanxi
United’s position, inter alia, as follows:
•
The assertion that Shaanxi United and Shaanxi Athletic are different legal entities
is irrelevant to the assessment of the sporting succession;
•
The fact that Shaanxi United originated from Binzhou Huilong Football Club Co.,
Ltd., has never been in dispute, but rather that this club (and the managers
behind the operation) aimed to attract Shaanxi Athletic’s fan base and adopt its
identity;
•
Shaanxi United confirmed that it has an umbilical connection with Shaanxi
Athletic on social media, which is irrespective of any transaction executed
between them. In fact, the Player considers that the initiative of Shaanxi United
to purchase the accounts of Shaanxi Athletic ultimately confirms its intention to
benefit from the public image of the latter;
•
The teams’ logos are very similar and are a result of Shaanxi United’s intention
not to distinguish itself from Shaanxi Athletic. The Player alleged that Shaanxi
United’s explanation regarding the public opinion and cultural relevance of the
wolf was flawed;
•
Shaanxi United publicly stated that it was “happy to go back to professional
football”, hence referring to the sporting development of Shaanxi Athletic;
pg. 15
REF. FPSD-12679
33.
•
It is undispute that the names of Shaanxi United and Shaanxi Athletic are almost
identical and that both teams play in the same stadium;
•
Shaanxi United falsely alleged that it did not share any management members /
directors / shareholders with Shaanxi Athletic. However, the Player pointed out
that Mr Zhang Wei was the former vice president of Shaanxi Athletic and is the
current president of Shaanxi United;
•
The Player pointed out that most of the players and staff were transferred from
Shaanxi Athletic to Shaanxi United. In this regard, he stressed that Shaanxi
United’s argument that it “inherited” the players and coaching staff from Shaanxi
Athletic only because they wanted to stay in the same city was nonsense. In
particular, the Player stressed that (i) professional footballers and coaches are
used to moving around; and (ii) there was no justifiable reason for them to join
Shaanxi United when it was still playing amateur football. Thus, “to state that
professional football players would like to stay in a city, to play amateur football,
when they are professional, due to comfort-reasons, is remarkable”; and
•
Shaanxi United and Shaanxi Athletic have the same (main) sponsor – Lining Sport.
Shaanxi United could have chosen another sponsor but did not do so on their
own.
In light of the above, the Player reiterated that Shaanxi United is the sporting successor
of Shaanxi Athletic. He also reiterated his claims regarding the termination of the Contract
and his entitlement to outstanding remuneration and compensation for breach of
contract.
d. Final Comments of Shaanxi United
34.
On 27 January 2024, Shaanxi United submitted its final comments on this matter and
again opposed to the occurrence of sporting succession. In its submission, Shaanxi United
reiterated its position regarding the logo, expressions and symbols shared by the two
clubs.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
35.
First of all, the Dispute Resolution Chamber (hereinafter: 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 15 November 2023 and submitted for
decision on 13 June 2024. Taking into account the wording of art. 34 of the March 2023
edition of the Procedural Rules Governing the Football Tribunal (hereinafter: Procedural
pg. 16
REF. FPSD-12679
Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at
hand.
36.
Subsequently, 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 RSTP
(June 2024 edition), the DRC is competent to deal with the matter at stake, which concerns
an employment-related dispute with an international dimension between a Swedish
player and a Chinese club.
37.
For the sake completeness, the DRC pointed out that the assessment of the sporting
succession between Shaanxi Athletic and Shaanxi United was only of a substantive nature.
Therefore, the Chamber confirmed the admissibility of the claim.
38.
Lastly, 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. 26 par. 1 and 2 of
the RSTP (June 2024 edition) and considering that the present claim was lodged on 15
November 2023, the May 2023 edition of said regulations (hereinafter: Regulations) is
applicable to the matter at hand as to the substance.
b. Burden of proof
39.
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.
c. Merits of the dispute
40.
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
41.
The Chamber then moved to the substance of the matter and noted that it concerned a
claim for breach of contract brought by the Player against Shaanxi United in connection
with the Contract previously signed with Shaanxi Athletic.
pg. 17
REF. FPSD-12679
42.
In particular, the DRC acknowledged that the Player now claims against Shaanxi United as
the alleged sporting successor of Shaanxi Athletic. Nevertheless, the Respondent strongly
disputes the existence of a sporting succession and states that the Player should have
pursued his claim only against Shaanxi Athletic.
43.
In light of the foregoing, the Chamber has determined that its task is to decide on the
following issues:
44.
•
Is Shaanxi United the sporting successor of Shaanxi Athletic?
•
If so, what are the consequences?
The DRC then proceeded to analyse each of these issue in turn.
A.
IS SHAANXI UNITED THE SPORTING SUCCESSOR OF SHAANXI ATHLETIC?
45.
In this first place, the DRC recalled the case law of the Football Tribunal on the specific
issue of sporting succession, referring in particular to CAS 2016/A/4550, which could be
applied, mutatis mutandis, to the present case. Indeed, in the aforementioned Award (and
while confirming a previous decision of the Chamber), CAS stated that a club is a sporting
entity identifiable by itself, which as a general rule transcends the legal entities that
operate it. The Chamber was comfortable in following this reasoning, as it reflects the
general case law on sporting succession, and saw no particular reason to depart from this
well-established practice.
46.
In addition, the Chamber referred to CAS 2013/A/3425, which contained the following
reasoning, with which the DRC agreed:
“The Sole Arbitrator highlights that the decisions that had dealt with the question of the
succession of a sporting club in front of the CAS (CAS 2007/A/1355; TAS 2011/A/2614; TAS
2011/A/2646; TAS 2012/A/2778) and in front of FIFA’s decision-making bodies (…), have
established that, on the one side, a club is a sporting entity identifiable by itself that, as
a general rule, transcends the legal entities which operate it. Thus, the obligations
acquired by any of the entities in charge of its administration in relation with its activity
must be respected; and on the other side, that the identity of a club is constituted by
elements such as its name, colours, fans, history, sporting achievements, shield,
trophies, stadium, roster of players, historic figures, etc. that allow it to distinguish
from all the other clubs. Hence, the prevalence of the continuity and permanence
in time of the sporting institution in front of the entity that manages it has been
recognised, even when dealing with the change of management companies
completely different from themselves” (freely translated from Spanish with
emphasis added by the DRC).
pg. 18
REF. FPSD-12679
47.
The DRC emphasized that such rationale has already been confirmed by a significant
number of CAS awards, which, inter alia, address the criteria for determining whether
there has been a sporting succession, regardless of the legal form and management
under which the respective clubs operate (e.g., CAS 2018/A/5618, CAS 2020/A/6884, CAS
2020/A/7092, and CAS 2020/A/7290).
48.
Although not directly applicable to the matter at hand, the DRC recalled that art. 21 par.
4 of the FIFA Disciplinary Code (edition 2023) and art. 25 par. 1 of the Regulations also
enlighten FIFA’s approach regarding the recognition of a sporting successor and
constitute, to some extent, a codification of the jurisprudence on the subject. For ease of
reference, these provisions are worded as follows:
Art. 21, par. 4 of the FIFA Disciplinary Code (2023 edition):
“The sporting successor of a non-compliant party shall also be considered a noncompliant party and thus subject to the obligations under this provision. Criteria to
assess whether an entity is to be considered as the sporting successor of another entity
are, among others, its headquarters, name, legal form, team colours, players,
shareholders or stakeholders or ownership and the category of competition concerned”.
Art. 25, par. 1 of the Regulations:
“The sporting successor of a debtor shall be considered the debtor and be subject to any
decision or confirmation letter issued pursuant to this article. The criteria to assess
whether an entity is the sporting successor of another entity are, among others, its
headquarters, name, legal form, team colours, players, shareholders or stakeholders or
ownership and the category of competition concerned”.
49.
On this specific topic, the Chamber equally referred to CAS 2020/A/7290, quoted verbatim:
“For the sake of clarity and avoidance of any misunderstanding, the Sole Arbitrator
further recognises that the elements as referred to in Article 15 (4) of the 2019 edition of
the FDC and Article 24ter(l) of the FIFA RSTP are not exhaustive, as clearly follows from
the words "among others". The Sole Arbitrator feels forced to lay emphasis on this. In
other words, the existence of several elements in light of these provisions can lead,
in its combination, and so even if not all elements are met in a specific case, to the
conclusion that a club has to be considered as a "sporting successor". The overall
package of elements is decisive (see also CAS 2020/ A/6884). As was also clearly
stated in CAS 2020/ A/7092, on which the Appellant heavily relies, the Sole Arbitrator
considers himself not bound by prior decisions of the FIFA DC, FIFA DRC or the CAS. In
fact, because such analysis is to be made on a case-by-case basis, i.e. elements
present in a certain case may tip the balance in one direction, whereas the
elements present in a lesser or higher degree in another case, may tip the balance
in the opposite direction” (emphasis added by the DRC).
pg. 19
REF. FPSD-12679
50.
Therefore, guided by the jurisprudence of both the Football Tribunal and CAS, the DRC
determined that the existence of a sporting succession should be assessed on a case-bycase basis, taking into account the existence of sporting continuity / permanence from a
pragmatic point of view. This analysis is based, inter alia, on non-exhaustive and noncumulative criteria defined by the jurisprudence (and to some extent codified in the FIFA
regulations).
51.
On this note, the DRC observed that, in casu, Shaanxi United contested its qualification as
the sporting successor of Shaanxi Athletic based essentially on: (i) the remarkable
differences between the aforementioned entities from a legal / administrative standpoint;
and (ii) the lack of sporting continuity vis-à-vis the defining elements of each relevant club
and the paradigms set forth in the jurisprudence. The Chamber therefore analysed both
issues.
A.1. THE DIFFERENT LEGAL / ADMINISTRATIVE FORMS
52. The parties do not dispute that the origins of Shaanxi United are linked to the incorporation
of Binzhou Huilong Football Club Co., and hence that it is a different legal entity from
Shaanxi Athletic. Nevertheless, the Chamber found that the arguments regarding
ownership and registration were not conclusive per se. The Chamber emphasized that CAS
2020/A/7920, with which the DRC agrees, summarizes the issue as follows: “whether a club
in operated through a different legal entity does not bear relevance on whether the sporting
succession has taken place i.e. ‘a sporting entity identifiable by itself that, as a general rule,
transcends the legal entities which operate it’ (CAS 2013/A/3425 at. Par. 139)”.
53. In other words, the DRC stated that the analysis of the sporting succession is based on the
external appearance of the sporting continuity from the perspective of the football
community and not only from the legal perspective. Therefore, the Chamber decided that
the technicalities of the legal operation with respect to the contents of any national law –
in particular, the Chinese law – are also not decisive in the matter at hand, or at least are
not sufficient to counterbalance the other elements to be analysed from a sporting
perspective.
54. Consequently, the DRC found that Shaanxi United’s position in this regard could not
succeed. Similarly, any allegations in the sense that Shaanxi United did not make use of the
Shaanxi Athletic’s possible credits and assets – apart from being questionable in the
Chamber’s view – are not necessarily relevant to this dispute, as they are not decisive for
the analysis of the sporting succession, which is based on different criteria.
A.2. THE CRITERIA FOR SPORTING CONTINUITY
55. Having established the foregoing, the Chamber turned to the question of the sporting
continuity, which is the crucial element in determining succession. In doing so, the DRC
pg. 20
REF. FPSD-12679
turned its attention to the documentation submitted by the parties with their submissions
and noted that each of them referred to specific criteria in support of their respective
position as to the existence (or otherwise) of the sporting succession.
56. At this stage, the Chamber wished to point out that the all the evidence on file has been
duly considered and carefully examined. Nevertheless, the DRC found that the following
elements were pivotal to the present analysis:
•
Despite the efforts to try to portray a different reality, it was clear to the Chamber
that Shaanxi United and Shaanxi Athletic have almost identical names. While it is true
that the name of the clubs has a connection to the city, the DRC placed significant
weight on the fact that the management of Shaanxi United took proactive measures
to change its name from Binzhou Huilong Football Club Co. – and no explanation was
provided by the Respondent in this regard. It is also crystal clear to the Chamber that
such similarity could reasonably influence public perception;
•
Shaanxi United and Shaanxi Athletic also have similar colors, mascot, and logo.
Again, contrary to the Respondent’s narrative, the Chamber found it noteworthy that
Shaanxi United’s new logo appears to be a modern version of Shaanxi Athletic’s logo.
The Chamber found that the mere association with the city was not compelling to
justify the use of the same visual identity between the two entities;
•
Moreover, even if one considers that the wolf is a common symbol in Chinese
tradition, Shaanxi United’s choice of symbol and figurative name (i.e., “the northeast
wolf”) brought it even closer to Shaanxi Athletic;
•
Notwithstanding the claim that the social media was purchased from Shaanxi
Athletic in a confidential agreement, Shaanxi United could not explain the true
intentions behind such an operation – other than to benefit from the same fan base
and local connections. In this regard, the Chamber was not persuaded by Shaanxi
United’s explanation that such a transaction was purely commercial and completely
alien to any sporting continuity. On the contrary, the DRC considered that the Player
had sufficiently demonstrated that Shaanxi United had made several references to
Shaanxi Athletic in its official channels in an attempt to engage with its community;
•
Shaanxi United hosts its matches in the same stadium as the Shaanxi Athletic. It
remained unclear to the Chamber why Shaanxi United’s decided to move its
headquarters from the original location of Binzhou Huilong Football Club Co. to that
of Shaanxi Athletic if it did not intend to continue its history and/or engage its fan
base. Despite the claim of convenience and the need to find a new venue for
professional matches, the use of the same venue also tips the balance towards the
existence of sporting heritage;
pg. 21
REF. FPSD-12679
•
Shaanxi United and Shaanxi Athletic share common representatives, shareholders,
and sponsors. Despite the conflicting assertions of the parties to this extent, the
evidence on the file shows that the management of both entities contain overlapping
names, as well as their managers have publicly promoted their umbilical connection
with Shaanxi Athletic to engage the fan base; and
•
at least 10 players previously employed by Shaanxi Athletic have been transferred to
Shaanxi United, including their first-team squad. The DRC could not follow the
Respondent’s position regarding the players’ will to stay in the city, especially when
considering the number of people involved and the fact that they were transferred
for free to an amateur club at the time. The same rationale applies, in the Chamber’s
view, to the coaching staff and the other members of the staff.
57. Overall, the DRC was satisfied with the conclusion that there were sufficient elements to
establish that Shaanxi United deliberately relied on the identity, image, and sporting
heritage of Shaanxi Athletic. Had Shaanxi United not wished to benefit from Shaanxi
Athletic’s past sporting achievements and commitment, it could have simply disassociated
itself from Shaanxi Athletic. However, it did exactly the opposite: it proactively linked the
image of the old Binzhou Huilong Football Club Co. with Shaanxi Athletic.
58. Based on all the above considerations, the DRC decided that Shaanxi United is the sporting
successor of Shaanxi Athletic.
B. IF SO, WHAT ARE THE CONSEQUENCES?
59. Once the sporting succession has been established, the Chamber determined that Shaanxi
United shall be obliged to fulfill any outstanding financial obligations of Shaanxi Athletic
towards the Player. This is also irrespective of whether the Player has previously filed a
claim against Shaanxi Athletic, as suggested by the Respondent in its alternative argument.
60. At this point, the Chamber turned to the Player’s allegations regarding outstanding
remuneration and breach of contract. In particular, the DRC noted that it remained
undisputed that Shaanxi Athletic terminated the Contract at the end of March 2023 due to
its dissolution. Furthermore, the background of such termination is largely undocumented.
61. Shaanxi United insisted in its submissions that several of the employees previously
employed by Shaanxi Athletic were subsequently hired by the new management – but did
not mention any attempt to negotiate with the Player. On the contrary, at the time of the
termination, a significant portion of the Player’s remuneration was already outstanding,
and no proposed resolution was ever put on the table. Shaanxi United also failed to put
forward any alternative theory and therefore failed to meet its burden of proof to show
that the termination was made as an ultima ratio resort.
pg. 22
REF. FPSD-12679
62. The Chamber then decided the termination of the Contract was without just cause and
Shaanxi United is liable to the consequences of the breach.
B.1. THE OUTSTANDING REMUNERATION
63. In accordance with the general legal principle of pacta sunt servanda, the Chamber decided
that Shaanxi United is liable to pay to the Player the amounts which were outstanding
under the Contract at the time of the termination.
64. Specifically, the Chamber decided that the Player is entitled to his unpaid salaries, plus
interest as from the respective due dates, as follows:
•
•
•
•
•
•
•
•
USD 62,500 net plus 5% interest p.a. from 16 September 2022;
USD 62,500 net plus 5% interest p.a. from 16 October 2022;
USD 62,500 net plus 5% interest p.a. from 16 November 2022;
USD 62,500 net plus 5% interest p.a. from 16 December 2022;
USD 45,833 net plus 5% interest p.a. from 16 January 2023;
USD 45,833 net plus 5% interest p.a. from 16 February 2023;
USD 45,833 net plus 5% interest p.a. from 16 March 2023; and
USD 45,833 net plus 5% interest p.a. from 16 April 2023.
65. The Chamber further noted that the Player had also provided evidence that he had
successfully met the requirements for the goals/assist bonuses in the amount of USD
10,500 net and the appearance bonus in the amount of USD 20,000 net. Nevertheless,
because was no specific indication of the due date for each of these concepts, the Chamber
determined that interest on these amounts accrue from the date of the termination (i.e.,
31 March 2023).
B.2. THE COMPENSATION
66. The Chamber then turned to the calculation of the amount of compensation to be paid to
by the Club to the Player in the present case. In doing so, the Chamber first recapitulated
that, in accordance with art. 17 par. 1 of the Regulations, the amount of compensation shall
be calculated, in particular and unless otherwise provided for in the contract at the basis
of the dispute, with due consideration for the law of the country concerned, the specificity
of sport and further objective criteria, including in particular, the remuneration and other
benefits due to the player under the existing contract and/or the new contract, the time
remaining on the existing contract up to a maximum of five years, and depending on
whether the breach of contract falls within the protected period.
67. In applying the relevant provision, the Chamber found that it first of all had to determine
whether the relevant employment contract contained a provision whereby the parties had
previously agreed on an amount of compensation to be paid in the event of a breach of
pg. 23
REF. FPSD-12679
contract. In this regard, the Chamber established that Contract did not contain such a
compensation clause.
68. Consequently, the Chamber determined that the amount of compensation to be paid by
Shaanxi United to the Player had to be assessed in application of the other parameters set
forth in art. 17 par. 1 of the Regulations. The Chamber recalled that said provision provides
for a non-exhaustive enumeration of criteria to be taken into consideration when
calculating the amount of compensation payable.
69. Bearing in mind the foregoing as well as the Player’s claim, the Chamber proceeded with
the calculation of the monies due to the Player under the terms of the Contract from the
date of its unilateral termination until its end date. Consequently, the Chamber concluded
that the amount of USD 412,497 net (i.e., the salaries from April to December 2023 à USD
45,833 each) serves as the basis for the determination of the amount of compensation for
breach of contract.
70. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
71. Indeed, the Player found employment with Shijiazhuang KungFu Football Club. In
accordance with the pertinent employment contract, the Player was entitled to USD 16,000
net per month. Therefore, the Chamber concluded that the Player mitigated his damages
in the total amount of USD 144,000 net (i.e., the salaries from April to December 2023).
72. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. As this was not the case, the DRC decided that the Player was not
entitled to additional compensation.
73. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that Shaanxi United must pay the amount of
USD 268,497 net to the Player (i.e., USD 412,497 minus USD 144,000), which was to be
considered a reasonable and justified amount of compensation for breach of contract in
the present matter.
74. Finally, taking into account the Player’s request and the Chamber’s consistent practice in
this regard, the DRC decided to award the Player interest on aforementioned
pg. 24
REF. FPSD-12679
compensation at the rate of 5% p.a. from the date of termination (i.e., 31 March 2023) until
the date of effective payment.
ii. Compliance with monetary decisions
75. 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.
76. 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.
77. 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.
78. 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.
79. 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.
d. Costs
80. 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.
81. 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. Lastly, the DRC concluded its deliberations by rejecting any
other requests for relief made by any of the parties.
pg. 25
REF. FPSD-12679
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Moses Orwohicho Ogbu, is partially accepted.
2.
The Respondent, Shaanxi Chang'an Union Football Club, is the sporting successor of
Shaanxi Chang'an Athletic Football Club.
3.
The Respondent must pay to the Claimant the following amount(s):
- USD 62,500 net as outstanding remuneration plus 5% interest p.a. as from 16
September 2022 until the date of effective payment;
- USD 62,500 net as outstanding remuneration plus 5% interest p.a. as from 16 October
2022 until the date of effective payment;
- USD 62,500 net as outstanding remuneration plus 5% interest p.a. as from 16
November 2022 until the date of effective payment;
- USD 62,500 net as outstanding remuneration plus 5% interest p.a. as from 16
December 2022 until the date of effective payment;
- USD 45,833 net as outstanding remuneration plus 5% interest p.a. as from 16 January
2023 until the date of effective payment;
- USD 45,833 net as outstanding remuneration plus 5% interest p.a. as from 16 February
2023 until the date of effective payment;
- USD 45,833 net as outstanding remuneration plus 5% interest p.a. as from 16 March
2023 until the date of effective payment;
- USD 30,500 net as outstanding remuneration plus 5% interest p.a. as from 31 March
2023 until the date of effective payment;
- USD 45,833 net as outstanding remuneration plus 5% interest p.a. as from 16 April 2023
until the date of effective payment; and
- USD 268,497 net as compensation for breach of contract without just cause plus 5%
interest p.a. as from 31 March 2023 until the date of effective payment.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
pg. 26
REF. FPSD-12679
5.
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.
6.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 27
REF. FPSD-12679
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 28