DRC Overdue Payables
Texto da decisão
REF. FPSD-15415
Decision of the
Dispute Resolution Chamber
passed on 8 October 2024
regarding an employment-related dispute concerning the
player Uroš Radaković
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Peter LUKASEK (Slovakia), Member
Oleg ZADUBROVSKIY (Russia), Member
CLAIMANT:
Uroš Radaković, Serbia
Represented by Angelina Liverko
RESPONDENT:
MKE Ankaragücü, Türkiye
pg. 2
REF. FPSD-15415
I. Facts of the case
1.
On 25 July 2022, the Serbian player Uroš Radaković (hereinafter, the Claimant or the Player)
and the Turkish club MKE Ankaragücü (hereinafter, the Respondent or the Club) concluded
an employment contract (hereinafter, the First Contract), valid as from 25 July 2022 until 31
May 2023.
2.
Pursuant to Clause 3 of the First Contract, the Club undertook to pay to the Player
(hereinafter, jointly referred to as the Parties) a total fixed remuneration of EUR 500,000
net for the 2022/2023 season as follows:
- EUR 50,000 net on 31 August 2022;
- EUR 90,000 net on 30 September 2022;
- EUR 45,000 net on 31 October 2022;
- EUR 45,000 net on 30 November 2022;
- EUR 45,000 net on 31 December 2022;
- EUR 45,000 net on 31 January 2023;
- EUR 45,000 net on 28 February 2023;
- EUR 45,000 net on 31 March 2023;
- EUR 45,000 net on 30 April 2023; and
- EUR 45,000 net on 31 May 2023.
3.
According to Clause 3 of the First Contract, the Player was also entitled to the following
fringe benefit:
“The Club will make an annual contribution of 10.000 Euros net to contribute to the Player’s
accommodation, flight and car expenses by 31.08.2022”.
4.
On 27 June 2023, the Parties concluded another employment contract (hereinafter, the
Second Contract), valid as from 27 June 2023 until 30 June 2024.
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REF. FPSD-15415
5.
Pursuant to Clause 3 of the Second Contract, the Player was entitled to receive a total fixed
remuneration of EUR 500,000 net for the 2023/2024 season as follows:
- EUR 50,000 net on 31 August 2023;
- EUR 50,000 net on 30 September 2023;
- EUR 50,000 net on 31 October 2023;
- EUR 50,000 net on 30 November 2023;
- EUR 50,000 net on 31 December 2023;
- EUR 50,000 net on 31 January 2024;
- EUR 50,000 net on 28 February 2024;
- EUR 50,000 net on 31 March 2024;
- EUR 50,000 net on 30 April 2024; and
- EUR 50,000 net on 31 May 2024.
6.
According to Clause 3 of the Second Contract, the Player was also entitled to the following
contribution:
“The Club will make an annual contribution of 10.000 Euros net to contribute to the Player’s
accommodation, flight and car expenses by 31.08.2023”.
7.
Pursuant to Clause 3 of the Second Contract, the Club also undertook to pay to the Player,
inter alia, the following bonuses:
“Per-Game Fee
A total 100.000 Euros net (One Hundred Thousand Euros) per-game fee (2.632 Euros per game)
will be paid to the Player only for the official league matches he played. Per-Game fee is not paid
for Turkish Cup, Super Cup and UEFA special matches, friendly matches, A2 team matches and
other competitions. Only the statistics in the official league competitions are taken into account
in all bonus and per-game payments to be made for the player.
• If the player starts the match in the first 11, 100% of per game fee will be paid.
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REF. FPSD-15415
• If the player does not take part in the first 11 but includes in the competition list (21-person
squad), 50% of per game fee will be paid.
• If the player is not included in the competition list (21-person squad), no per-game fee will be
made.
• Fees per game are calculated monthly, and the fee earned within a month is paid on the last
day of the relevant month.
• The Player will not be paid per game for the matches he missed due to his disability due to
football activities. The Player accepts and undertakes in advance that he will not make any
demands about bonuses, premiums, etc. related to the matches in which the player is not
included in the squad.
Bonuses
• If the Player meets the success bonus conditions stated below, the related success bonus will
be paid to the Player within 60 days following the end date of the season.
• If the Player plays 25 (twenty-five) official league games in the 2023/2024 football season in
the starting 11 team, the Club accepts to pay 20.000 Euros net as a success bonus”.
8.
On 10 July 2024, the Player put the Club in default requesting payment of EUR 217,120 as
outstanding remuneration, granting it a deadline of fifteen days to comply with its financial
obligations.
II. Proceedings before FIFA
9.
On 31 July 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. According to the Player, over the course of the First and Second Contract, the Respondent
failed to make a large number of payments, which include fixed salary, bonuses and
expenses for accommodation, flight tickets and a car.
11. The Player, based on the legal principle of pacta sunt servanda, claimed being entitled to
EUR 257,120 per the following amounts and concepts:
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REF. FPSD-15415
i.
2022/2023 season:
- EUR 25,000 as the remaining part of the September 2022 salary; and
- EUR 10,000 as expenses contribution per Clause 3 of the First Contract.
ii. 2023/2024 season:
- EUR 50,000 as the April 2024 salary;
- EUR 50,000 as the May 2024 salary;
- EUR 20,000 as bonus per Clause 3 of the Second Contract.
- EUR 92,120 as per-game fee per Clause 3 of the Second Contract.
- EUR 10,000 as expenses contribution per Clause 3 of the Second Contract.
12. The Player requested the following relief:
iii. The Club has breached two Employment Agreements, therefore:
iv. The Club is obliged to pay the Claimant 257 120 (two hundred fifty-seven one hundred
twenty) EUR with interest immediately; and
v. The interest for each day of delay as calculated in section IV.
vi. Following notification of the FIFA decision, sporting sanctions constituting a ban on
registering new players, nationally and internationally, for two entire and consecutive
transfer periods.
b. Position of the Respondent
13. In its reply, the Club argued that the actual outstanding remuneration “is much lower than
the claimed amount”, and submitted evidence of having paid to the Player the total sum of
EUR 775,000.
c. Claimant’s comments on the alleged payments
14. Upon invitation of the FIFA General Secretariat, the Player confirmed that the total sum
paid by the Club is EUR 875,000. In this respect, the Player acknowledged having received
EUR 100,000 corresponding to his remuneration for the months of November and
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REF. FPSD-15415
December 2023, and presumed that the Club omitted to submit evidence of the respective
payment receipts.
15. Based on the above, the Player confirmed that the amount due to him under the First and
Second Contract was EUR 257,120 (i.e., EUR 1,132,120 as the total value of the employment
relationship minus EUR 875,000, corresponding to the amount already paid by the Club).
16. The Player reiterated his request for relief.
d. Further correspondence from the Parties regarding payments
17. After the closure of the submission phase, on 30 September 2024 the Respondent filed an
unsolicited correspondence informing that on 10 April 2023 it allegedly paid the Player EUR
88,750, arguing that it failed to submit this payment receipt with its reply to the claim.
18. In addition, the Respondent also sustained that “After the deduction of this payment (88.750
Euros) from the claimed amount, the remaining receivables of the player should be equal to
168.370 Euros (257.120 Euros – 88.750)”.
19. However, by communication of 1 October 2024, the Respondent sent another unsolicited
correspondence whereby it rectified the aforementioned statements and informed that
the EUR 88,750 payment was made to another player of the Club, and that consequently it
was never made to the Player.
20. In order to clarify the situation, the FIFA General Secretariat exceptionally invited the Player
to provide his comments on the aforementioned alleged payment.
21. On his part, the Player denied having received the amount of EUR 88,750, and sustained
that the Club had acknowledged a debt in the amount of EUR 257,210 in his submission of
30 September 2024.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
22. First of all, the Dispute Resolution Chamber (hereinafter, the 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 31 July 2024 and submitted for decision on 8
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.
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REF. FPSD-15415
23. Furthermore, 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 June
2024 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), the DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Serbian player
and a Turkish club.
24. Subsequently, 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 Regulations (June 2024 edition), and considering that the present claim was
lodged on 31 July 2024, the June 2024 edition of the Regulations is applicable to the matter
at hand as to the substance.
b. Burden of proof
25. 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 Transfer Matching System (TMS).
c. Merits of the dispute
26. 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
27. The Chamber then moved to the substance of the matter, and took note of the fact that it
concerned a claim for outstanding remuneration arising from the First and Second
Contract concluded between the Parties.
28. In this respect, the DRC observed that the Player claimed being entitled to EUR 257,120,
corresponding to different monthly instalments, contribution for expenses and bonuses.
29. The Chamber also observed that, although in its reply to the claim the Respondent argued
that the outstanding remuneration “is much lower than the claimed amount” and submitted
evidence of having paid to the Player EUR 775,000, with its communication of 30 September
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REF. FPSD-15415
2024 it argued having paid an additional sum of EUR 88,750 (and subsequently
acknowledged that it had not paid such amount to the Player but to another player of the
Club). The DRC noted that, based on this alleged additional payment, the Respondent
sustained that “the remaining receivables of the Player should be equal to EUR 168,370 (EUR
257,120 – EUR 88,750)”.
30. In other words, the Chamber observed that the Respondent acknowledged that the actual
amount due to the Player was EUR 257,120, i.e., the same amount requested by the latter.
31. In view of the foregoing, and bearing in mind the legal principle of pacta sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is liable to pay to the Claimant the outstanding amounts deriving from the
First and Second Contract concluded between the Parties, namely, EUR 257,120.
32. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% per annum on the outstanding amounts as follows:
- 5% interest p.a. over the amount of EUR 25,000 as from 1 November 2022 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 10,000 as from 8 June 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 10,000 as from 27 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 92,120 as from 1 July 2024 until the date of
effective payment; and
- 5% interest p.a. over the amount of EUR 20,000 as from 31 July 2024 until the date of
effective payment.
ii. Art. 12bis of the Regulations
33. In continuation, the Chamber 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.
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REF. FPSD-15415
34. To this end, the Chamber confirmed that the Player put the Club in default of payment of
the amounts sought, which had fallen due more than 30 days before, and granted the Club
a 10-day deadline to cure such breach of contract.
35. Accordingly, the Chamber confirmed that the Club had delayed a due payment without a
prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
36. The Chamber further established that by virtue of art. 12bis par. 4 of the Regulations it has
competence to impose sanctions on the Club. In addition, the Chamber highlighted 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.
37. On account of the above, the Chamber decided to impose reprimand on the Club in
accordance with art. 12bis par. 4 lit. b) of the Regulations.
iii. Compliance with monetary decisions
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
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REF. FPSD-15415
d. Costs
43. 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.
44. 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.
45. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the Parties.
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REF. FPSD-15415
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Uroš Radaković, is accepted.
2.
The Respondent, MKE Ankaragücü, must pay to the Claimant the following amount(s):
EUR 257,120 as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 25,000 as from 1 November 2022 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 10,000 as from 8 June 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 10,000 as from 27 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 92,120 as from 1 July 2024 until the date of
effective payment; and
- 5% interest p.a. over the amount of EUR 20,000 as from 31 July 2024 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A reprimand is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
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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.
7.
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-15415
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
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legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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