Labour Disputes
Texto da decisão
REF. FPSD-15498
Decision of the
Dispute Resolution Chamber
passed on 2 October 2024
regarding an employment-related dispute concerning the Player
José Antonio Pedrosa Galán
BY:
Calum Beattie (Scotland)
CLAIMANT:
Jose Antonio Pedrosa Galan, Spain
Represented by AFE
RESPONDENT:
FCB Magpies, Gibraltar
pg. 2
REF. FPSD-15498
I. Facts of the case
1. On 19 January 2022, the Spanish player Jose Antonio Pedrosa (hereinafter: Claimant or
player) and the Gibraltarian club FCB Magpies (hereinafter: club or Respondent) concluded
an employment contract (hereinafter: the Contract) valid as from the date of signature until
31 May 2023 or the last match of the season, whichever may come sooner.
2. According to art. 5 of the Contract, the Respondent undertook to pay the Claimant a
monthly salary of GBP 1,600, as well as the following conditional bonus payments:
-
Discretional match bonuses
-
Champions League Qualification Bonus – 3x monthly salary plus contract renewal
-
Europa League Qualification Bonus – 2x monthly salary plus contract renewal
3. Furthermore, pursuant to art. 7.1.2 of the Contract, the Respondent undertook the
following obligation:
“Provide adequate accommodation, on an individual basis up to a value of EUR 1,000.”
4. At the end of the 2022/2023 season, as a result of the alleged qualification of the
Respondent to the UEFA Europa League, the Contract was extended for the 2023/2024
season under the same conditions as previously established under the Contract for the
original term thereof.
5. On 25 August 2023, the Claimant, the Respondent and the Gibraltarian club FC Europa
signed a tripartite loan agreement (hereinafter: the Loan Agreement), by virtue of which the
Claimant was transferred on a temporary basis to the latter club until 30 April 2024.
6. In accordance with art. 1.3 of the Loan Agreement, the Respondent undertook to continue
paying the Claimant’s remuneration, including the salary and any other “agreed benefits
such as accommodation or other allowances”.
7. On 8 July 2023, the Claimant put the Respondent in default of payment of GBP 6,400 plus
EUR 2,000 representing two monthly salaries, Europa League qualification bonus
(2 monthly salaries), and two accommodation allowances for May 2024 and June 2024.
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REF. FPSD-15498
8. At an unspecified date, the Claimant and the Respondent allegedly exchanged WhatsApp
correspondences, in which the parties disputed the duration of the New Contract. The
Claimant specified therein that they never signed a new contract, but that the new contract
was tacitly renewed as a result of the Europa League qualification, which may be
corroborated as a result of the Loan Agreement being concluded in August 2023 and the
continued payment of salaries in said period.
pg. 4
REF. FPSD-15498
II. Proceedings before FIFA
9.
On 8 August 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
10. In his claim, the player argued that the Respondent failed to comply with the financial
obligations of the Contract, in particular by failing to pay:
-
Two monthly salaries corresponding to May 2024 and June 2024;
-
Two accommodation allowances corresponding to May 2024 and June 2024;
-
Europa League qualification bonus for the season 2023/2024, in the amount of two
further monthly salaries.
11. The Claimant argued that the extension of the Contract was beyond any doubt, given that
the parties entered into the Loan Agreement and the Respondent continued to pay the
salary of the Claimant during said time, despite not signing a formal contractual extension.
12. The Claimant thus requested GBP 6,400 plus EUR 2,000 as outstanding remuneration as
well as interest of 5% p.a..
b. Position of the Respondent
13. Despite having been invited to do so, the Respondent failed to provide a position to the
claim.
pg. 5
REF. FPSD-15498
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Chamber
or DRC) analysed whether he was competent to deal with the case at hand. In this respect,
he took note that the present matter was presented to FIFA on 8 August 2024 and
submitted for decision on 2 October 2024. Taking into account the wording of art. 34 of the
March 2023 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.
15. Furthermore, the Single Judge 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
Regulations on the Status and Transfer of Players (June 2024 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Spanish player
and a Gibraltarian club.
16. Subsequently, the Single 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 2 of the Regulations on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 8 August 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
17. 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 he 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
18. Having established the competence and the applicable regulations, 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
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REF. FPSD-15498
i. Main legal discussion and considerations
19. The Single Judge then moved to the substance of the matter, and took note of the fact that
the basis of the present dispute was the alleged non-payment of various fixed and
conditional amounts under the Contract.
20. In this context, the Single Judge acknowledged that his task was to determine whether,
based on the evidence on file, the Claimant was entitled to the amounts in dispute, whether
the Respondent (justifiably) defaulted on these amounts, and lastly what the consequences
of such non-payment may be.
21. The Single Judge briefly recalled the parties’ positions, with the Claimant on one hand
arguing that the Respondent failed to pay two monthly salaries, two accommodation
allowances and a conditional bonus achieved for qualifying to the UEFA Europa League.
22. On the other hand, the Respondent failed to provide a reply to the claim altogether.
23. At this stage, the Single Judge referred to art. 13 par. 5 of the Procedural Rules and stated
that the burden of proving that the contractual obligations had been complied with fell on
the Respondent in the case at hand.
24. The Single Judge observed that the failure of the Respondent to reply to the claim left the
Claimant’s allegations of non-payment uncontested.
25. Notwithstanding, the Single Judge clarified that the Claimant’s entitlement to the amounts
in dispute must be assessed in turn, so as to establish whether the Respondent was liable
to pay the outstanding amounts to begin with.
26. As for the salaries for the months of May 2024 and June 2024, the Single Judge noted that
the parties originally signed a Contract valid between 19 January 2022 and 31 May 2023.
According to the Claimant, the term of said Contract was extended for “a further season”
upon the Respondent’s alleged qualification to the UEFA Champions League.
27. Whilst the Claimant acknowledges that no formal extension document was signed, there
are several elements suggesting that the parties continued their contractual relationship,
in particular:
-
The Loan Agreement, signed 25 August 2023, with a term lasting until 30 April 2024,
to which both the Claimant and the Respondent were a party;
Payment receipts following the theoretical expiration date of the Contract (e.g.,
Claimant’s exhibit 9 – July 2023 salary and Champions League qualification bonus of
GBP 4,800, or 3 monthly salaries, which was due in addition to a contractually
stipulated extension);
pg. 7
REF. FPSD-15498
-
The terms of the Loan Agreement which state that the Respondent undertakes to
continue paying the Claimant’s remuneration until at least 30 April 2024.
28. The above suggested that the Claimant continued his contractual relationship with the
Respondent after the original expiry date of 31 May 2023.
29. Having set out the above, the Single Judge continued by setting out that the lack of a written
contractual extension made it difficult to establish the definitive duration of the extended
term of the Contract.
30. The Single Judge, in this respect, considered as relevant the fact that the Claimant’s loan to
FC Europa lasted until 30 April 2024, that the season in Gibraltar lasted until 31 May 2024,
pursuant to the information on TMS, and that the Claimant subsequently joined the Ivorian
club Zota FC.
31. Based on this, the Single Judge concluded that it appeared that the Claimant was scheduled
to return to the Respondent on 30 April 2024 (after the expiration of his loan), and
continued to be registered with the Respondent until the end of the sporting season in
Gibraltar (i.e., until 31 May 2024).
32. In light of such conclusion, the Single Judge deemed that, in terms of fixed salaries, the
Claimant was entitled to only receive the salary of May 2024, i.e., GBP 1,600 – especially
considering that the Contract was deemed to have expired on 31 May 2024 and he ceased
rendering services in June 2024.
33. As for the accommodation allowance, the Single Judge noted that the Contract stated as
follows:
“Provide adequate accommodation, on an individual basis up to a value of EUR 1,000.”
34. Although the above wording does not indicate that the Claimant shall receive a lump sum
of EUR 1,000 as an accommodation allowance, but rather that the Respondent would sign
a lease on his behalf for an apartment worth up to EUR 1,000 per month, the Single Judge
deemed that the Claimant provided proof of having received payments of EUR 1,000
individually in the concept of accommodation contributions.
35. Thus, the Single Judge held that the Claimant received EUR 1,000 per month as an
accommodation allowance, paid as a lump sum to his bank account.
36. At this stage, the Single Judge recalled that the Contract expired on 31 May 2024. Hence,
the Single Judge concluded that the Claimant was entitled to receive the accommodation
allowance for the month of May 2024 only.
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REF. FPSD-15498
37. Moving on to the request for the Europa League qualification, the Single Judge noted that
the Claimant failed to adduce any evidence of entitlement thereto (in particular, that the
Respondent indeed qualified to the UEFA Europa League).
38. For the sake of completeness, the Single Judge equally wished to refer to the jurisprudence
of the Court of Arbitration for Sport (CAS), pursuant to which the league placement
resulting in the club advancing to the qualifying stages of the competition – rather than
actually qualifying for the group stages of the competition in question – is not sufficient for
triggering a bonus clause of a general nature stipulating qualification to a competition.
39. Thus, the Single Judge held that the Claimant was not entitled to such an amount in the
case at hand.
40. Based on all the above, the Single Judge decided that the Claimant shall be entitled to
receive GBP 1,600 plus EUR 1,000 as outstanding remuneration in the case at hand,
invoking the principle of pacta sunt servanda.
41. Lastly, the Single Judge decided that interest on the above amounts shall, in accordance
with the constant practice of the Football Tribunal and the Claimant’s request for relief,
carry an additional interest of 5% p.a. as from 1 June 2024 until the date of effective
payment.
ii. Compliance with monetary decisions
42. 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 his 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.
43. 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.
44. 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.
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45. 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.
46. 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.
d. Costs
47. 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.
48. 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.
49. 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-15498
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, José Antonio Pedrosa Galán, is partially accepted.
2.
The Respondent, FCB Magpies, must pay to the Claimant the following amount(s):
- GBP 1,600 plus EUR 1,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of GBP 1,600 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 1,000 as from 1 June 2024 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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REF. FPSD-15498
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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