Labour Disputes
Texto da decisão
REF FPSD-7748
Decision of the
Dispute Resolution Chamber
passed on 9 November 2022
regarding an employment-related dispute concerning the player Kyriakos
PAPADOPOULOS
BY:
Stella Maris Juncos (Argentina), Single Judge of the DRC
CLAIMANT:
Player Kyriakos PAPADOPOULOS, Greece
Represented by Filip Blagojevic
RESPONDENT:
Al Fayha Club, Saudi Arabia
Represented by R&A Sports Law
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REF FPSD-7748
I. Facts of the case
1.
On 17 July 2021, the Greek player, Kyriakos PAPADOPOULOS (hereinafter: Claimant or
player) and the Saudi Club, Al Fayha (hereinafter: club or Respondent) concluded an
employment contract (hereinafter: contract) valid as 17 July 2021 until 16 July 2023.
2.
According to the contract, the Respondent undertook to pay the Claimant a monthly net
salary of USD 70,000 and a total signing fee of USD 420,000 net.
3.
On 25 August 2021, the parties terminated their employment relationship and signed a
termination agreement, according to which the Respondent undertook to pay the
Claimant the following monies:
- USD 100,000 on 1 September 2021;
- USD 100,000 on 1 October 2021;
- USD 100,000 on 1 March 2021;
- USD 128,000 on 1 May 2022;
- USD 128,000 on 1 July 2022;
- USD 128,000 on 1 September 2022.
4.
On 28 March 2022, the Claimant lodged a claim against the Respondent, requesting
payment of certain outstanding amounts related to the first 3 instalments (FPSD-5585).
5.
On 25 July 2022, the Claimant withdrew his claim against the Respondent (FPSD-5585).
6.
On 15 September 2022, the Claimant put the Respondent in default and requested
payment of USD 128,000, plus 5% interest, within 10 days.
II. Proceedings before FIFA
7.
On 4 October 2022, the Claimant filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Claimant
8.
In his claim, the Claimant requested payment of USD 128,000, corresponding to the last
instalment due from the termination agreement, plus 5% interest p.a. as of 2 September
2022.
9.
Furthermore, the Claimant requested that any taxes shall be borne by the Respondent
and that a fine of USD 10,000 shall be imposed on the Respondent.
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10. In this context, the player argued that the last instalment from the settlement agreement
remained outstanding, even after he put the club in default.
11. Moreover, he insisted that the payment is net, as it was established in the contract.
According to the player, the termination agreement was drafted by the club and does not
establish net or gross, but that he always received net amounts throughout the
contractual relationship.
12. On account of the above, the player requested that the word “net” is included in the
findings, so that he does not have problems with the Greek tax authorities.
13. The player held that art. 12bis is applicable in the matter at hand.
b. Position of the Respondent
14. In its reply, Respondent acknowledged that the amount regarding the last instalment
remained outstanding due to financial difficulties of the club.
15. The Respondent also acknowledged that the amounts were always paid net.
16. However, the club rejected the Claimant’s claim “regarding the taxes”.
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III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
1.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) 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 04 October
2022 and submitted for decision on 9 November 2022. Taking into account the wording
of art. 34 of the June 2022 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.
2.
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 (July 2022
edition), she is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Greek player and
a Saudi club.
3.
Subsequently, 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. 26
par. 1 and 2 of the Regulations on the Status and Transfer of Players (July 2022 edition),
and considering that the present claim was lodged on 4 October 2022, the July 2022
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
4.
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 it may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
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c. Merits of the dispute
5.
Her 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 it will refer only to the facts, arguments and documentary evidence, which
it considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
6.
The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the player claims an outstanding amount based on
a termination agreement.
7.
In this context, the Single Judge acknowledged that her task was to determine if the
Claimant is entitled to the outstanding amount and if yes, to what extent.
8.
The Single Judge noted that according to the player, the club failed to remit the last
instalment of the termination agreement. He requested to be awarded the amount of
USD 128,000 net plus 5% interest p.a. as of 2 September 2022.
9.
Subsequently, the Single Judge took notice that the Respondent acknowledged its debt
but rejected to be liable for any reimbursements of taxes since the amounts were paid
net.
10. Therefore, the Single Judge established that, taking into account the contract as well as
the agreement, the player is entitled to the claimed amount, which is supposed to be
“net”.
11. In this regard, the Single Judge pointed out that no reimbursement of taxes was
requested.
ii. Consequences
12. As a consequence, and in accordance with the general legal principle of pacta sunt
servanda, the Single Judge decided that the Respondent is liable to pay to the Claimant
the amount of USD 128,000 net.
13. 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 2 September
2022 until the date of effective payment.
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iii. Compliance with monetary decisions
14. 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.
15. 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 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.
16. Therefore, bearing in mind the above, the Single Judge 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.
17. 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.
18. The Single Judge 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.
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d. Costs
19. 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 Chamber decided that no procedural costs were
to be imposed on the parties.
20. 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.
21. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for
relief made by any of the parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Kyriakos PAPADOPOULOS, is partially accepted.
2.
The Respondent, Al Fayha Club, has to pay to the Claimant, the following amount(s):
- USD 128,000 net plus 5% interest p.a. as from 2 September 2022 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.
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
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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).
CONTACT INFORMATION
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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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