DRC Overdue Payables
Texto da decisão
REF. FPSD-17636
Decision of the
Dispute Resolution Chamber
passed on 15 May 2025
regarding an employment-related dispute concerning the player
Juan Pablo Ramirez Velazquez
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Calum BEATTIE (Scotland), Member
Stijn BOEYKENS (Belgium), Member
CLAIMANT:
Juan Pablo Ramirez Velazquez, Colombia
Represented by 14 Sports Law
RESPONDENT:
Qingdao West Coast FC, China PR
Represented by Daniel Muñoz Sirera
pg. 2
REF. FPSD-17636
I. Facts of the case
1.
On 16 March 2023, the Colombian player Juan Pablo Ramirez Velasquez (hereinafter: the
Claimant or the Player), the Chinese club Qingdao West Coast FC (hereinafter: the
Respondent or the Club) and the Colombian club Atl. Nacional (hereinafter: the Lender)
concluded an agreement to loan the Claimant (hereinafter: the Loan Agreement) from the
Lender to the Club, valid as from its date of signature until 27 December 2023.
2.
In accordance with the Loan Agreement, the Lender temporarily transferred the Claimant’s
federative rights to the Respondent free of charge.
3.
In addition, article 13 of the Loan Agreement read as follows:
“If it is necessary a surgical intervention or operation, it shall be authorized by Atletico
Nacional, but the expenses that it will cost shall be assumed exclusively by Qingdao.
Moreover, if the Player suffers any injury, disease or disability during the term of the
Agreement, that affects his performance or career as a football professional player, Qingdao
shall assume and pay all the medical expenses of the surgery, rehabilitation, physiotherapy,
indemnities (real damage, lost profits) or any other expense that the Player will require to
recover his plenty capacity to play. Besides, Qingdao will be the only responsible of the
salary, social insurance and all the labor obligations of the Player during the term of his
injury and rehabilitation aforementioned.
Paragraph 1: The Parties agree that if the Player is operated without the express consent of
Atletico Nacional, Qingdao Anyang shall pay Seven Hundred Thousand American Dollars
(USD$700.000) net as a penalty clause to Atletico Nacion al.
However, if the Player outbreaks an emergency situation (etc. cardiac arrest, stroke or acute
myocardial infarction), Qingdao will preferentially handle the situation of Player without
previous agreement of Atletico Nacional and then must report in the shortest possible time
to Atletico Nacional the Player's condition and medical certifications.”
4.
On 1 March 2023, the Claimant and the Respondent concluded an employment contract
(hereinafter: the Contract), valid as from its date of signature until 31 December 2023.
5.
According to the Contract, the Respondent undertook to pay the Claimant a monthly salary
of USD 15,000 net for the last month on the 25th day of every month.
6.
On 9 October 2023, the Player suffered an anterior cruciate ligament injury to his knee
while performing his professional activities under the Contract.
7.
On 10 October 2023, the Player underwent an X-ray of his knee with Dr. Chen, who
reported that the rehabilitation period is 6 months.
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REF. FPSD-17636
8.
On 24 October 2023, the Claimant and the Respondent concluded an agreement regarding
medical treatment and rehabilitation (hereinafter: the Medical Treatment Agreement).
9.
The Medical Agreement read as follows:
“1. Return for Medical Treatment:
a) QINGDAO agrees to allow the Player to return to Colombia for the purpose of undergoing
medical treatment/surgery.
b) The exact dates of the Player’s departure from the QINGDAO and his return shall be
communicated in writing by QINGDAO to ATLETICO NACIONAL.
2. Medical Expenses:
a) QINGDAO agrees to bear all costs and expenses related to the Player’s surgery and medical
treatment in Colombia, including, but no limited to, hospital bills, medical fees,
rehabilitation, physical therapy, medication costs, post-operative care and other expenses
that The [sic] player needs to recover (before any expenses with treatment or surgery, the
player must send a budget with the expenses so that they can be approved by Qingdao West
Costs) his great ability to play. Furthermore, QINGDAO will be solely responsible for the
monthly salary, social insurance and all employment obligations of the Player during the
period of his aforementioned injury and rehabilitation as agreed in the thirteenth clause of
the Loan Agreement between the Parties.
b) QINGDAO shall promptly pay all such expenses directly or reimburse The [sic] for any outof-pocket expenses incurred in connection with his treatment/surgery. QINGDAO shall
provide documentation of all expenses to ATLETICO NACIONAL.
c) The ATLETICO NACIONAL, shall have no financial obligations in relation to the Player’s
medical treatment/surgery or any subsequent care as a result of the treatment.
3. Liability:
a) QINGDAO, while permitting the Player to undergo treatment/surgery, shall not be held
responsible or liable for any complications, issues, or undesirable outcomes resulting from
said treatment/surgery.
b) The Player shall bear all risks and responsibilities associated with the medical
treatment/surgery. The QINGDAO shall have no obligation to provide any financial or other
support from complications arising therefrom.
4. Return to Atletico Nacional:
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REF. FPSD-17636
a) As aforementioned, during the injury and its treatment, QUINGDAO [sic] will be entirely
responsible to pay the month salaries of the Player, until the Player is free to get back into
football activities.
b) Once recovered, even if its after 31st December 2023, the salaries shall not be paid
anymore by QINGDAO and the parties will work together to issues the ITC from China to
Colombia, when the original contract between the PLAYER and ATLETICO NACIONAL will be
resumed.
c) ATLETICO NACIONAL will send every month a report to QINGDAO to inform about the
rehabilitation process. Also, ATLETICO NACIONAL and the Player, in good faith, shall inform
QINGDAO when the Player has completed the treatment/rehabilitation and physical
preparation, providing the relevant exams if necessary, to be checked and approved by
QINGDAO. […]”
10. On 27 November 2023, the Player underwent knee surgery.
11. On 13 December 2023, the Player started his rehabilitation process, which ended in
October 2023.
12. On 21 October 2024, the Player fully recovered from his injury.
13. On 20 November 2024, the Claimant put the Respondent in default and requested payment
within 10 days of USD 79,700.71, corresponding to USD 75,000 as outstanding
remuneration and USD 4,700.71 as reimbursement of the costs of his recovery sessions
pursuant to the Medical Treatment Agreement.
14. On 4 December 2024, the Respondent answered the Claimant’s default notice dated 20
November 2024 as follows:
“We address to your letter dated 20 November 2024 on behalf of our client, Qingdao West
Coast FC (hereinafter: the Club). Please kindly find the POA in the Annex.
In this respect, we can’t recognize the recovery period alleged from your side.
Firstly, we have duly consulted with medical experts about the recovery period of the kind of
injury of the Player. It is very unlikely the recovery period could last for so long time.
Secondly, there is no sufficient medical evidence from your side to support such an extremely
long period of recovery.
In addition, very importantly, ATLETICO NACIONAL shall send every month a report to the
Club to inform about the rehabilitation process of the Player according to article 4 of the
AGREEMENT ON PLAYER’S LOAN AND MEDICAL TREATMENT. However, it failed to do so.
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REF. FPSD-17636
In light of the above, we hereby reject your requests in your letter dated 20 November 2024.
[…]”
15. On 28 May 2024, the Club remitted USD 50,000 to the Player.
16. On 30 July 2024, the Club remitted USD 12,500 to the Player.
17. On 9 August 2024, the Club remitted USD 12,500 to the Player.
II. Proceedings before FIFA
18. On 31 December 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Claimant
19. In his claim, the Player argued that, according to article 13 of the Loan Agreement, the
Respondent was liable for the payment of his monthly salaries, social insurance and all
other employment obligations during his whole recovery period and until he was fully fit to
return to football activities. In addition, the Player referred to article 2 b) of the Medical
Treatment Agreement to argue that the Respondent was liable to reimburse any out-ofpocket expenses incurred in connection with his treatment/surgery.
20. Considering the foregoing and that he became fully fit to return to football activities on 21
October 2024, the Player argued that the Club was obliged to pay his monthly salaries until
then. In this regard, the Player noted that the Club only paid him USD 75,000,
corresponding to 5 monthly salaries during his recovery period, which lasted 10 months,
i.e. from January to October 2024. As such, the Player claimed to be entitled to an additional
amount of USD 75,000, corresponding to the 5 monthly salaries remaining for his recovery
period. Furthermore, the Player stated that the Club failed to pay him USD 4,700.71 for
physiotherapy sessions during his recovery period.
21. Having stated the above, the Claimant’s requests for relief were the following:
“(i) Declare the present Statement of Claim as admissible;
(ii) Determine that the Respondent failed to comply with its financial obligations established
under the Loan Agreement and Medical Treatment Agreement, and consequently, order the
Respondent to the payment of the outstanding monthly salaries in the total amount of USD
75.000,00 (Seventy-Five Thousand United States Dollars) net;
(iii) Order the Respondent to pay 5% interest p.a. calculated over the outstanding amounts,
as of the day after such amount became due until the date of effective payment;
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REF. FPSD-17636
(iv) Order the Respondent to pay the rehabilitation costs of the physiotherapy sessions in the
total amount of USD 4.700,71 (Four Thousand and Seven Hundred United States Dollars and
Seventy-One Cents).
(v) Impose a fine upon the Respondent as outlined under Article 12bis par. 4 FIFA RSTP.”
b. Reply of the Respondent
22. In its reply, the Respondent argued that the Claimant failed to fulfil his contractual
obligations pursuant to article 2 a) of the Medical Treatment Agreement, i.e. to get a budget
approved for the expenses of his rehabilitation. In this regard, the Respondent noted that
the only budget it approved was based on Dr. Chen’s medical report, which stated a
recovery period of 6 months. Thus, the Respondent stated that it paid the Player 6 monthly
salaries after the date of the surgery, i.e. from December 2023 until May 2024.
23. In addition, the Club argued that the medical documents provided by the Player are
incomplete and vague, as they do not specify the recovery period needed. Therefore, in the
absence of evidence that the Player needed a postoperative recovery period of 12 months,
it is the position of the Club that it is of 6 months, based on Dr. Chen’s medical report. In
this regard, the Respondent also stated that the recovery of an anterior cruciate ligament
injury can be within 6 months.
24. Lastly, the Club noted that the Lender did not provide it either with a monthly report
regarding the Player’s rehabilitation process, which contravenes article 4 c) of the Medical
Treatment Agreement.
25. Considering the foregoing, the Respondent argued that the Claimant is not entitled to any
amounts as his request has no legal basis and must be rejected.
c. Replica of the Claimant
26. In his replica, the Claimant held that Dr. Chen’s medical report does not mean that his
recovery period would not exceed 6 months. In this regard, the Claimant referred to the
following wording of the said medical report:
“The postoperative rehabilitation period is 6 months and return to normal training and
competition.”
27. In continuation, the Claimant argued that there is no stipulated limitation of a recovery
period in the Medical Treatment Agreement, as it cannot be determined since there are
many factors to take into consideration. In this regard, the Claimant noted that Dr. Chen’s
involvement was strictly limited to an initial evaluation, and he played no role in his
postoperative rehabilitation process. Moreover, the Claimant provided medical evidence
pg. 7
REF. FPSD-17636
that the recovery period for an anterior cruciate ligament injury on a knee can extend to
12 months.
28. Lastly, the Claimant argued that under no circumstances he can be penalized for any
alleged failure of the Lender to provide the Respondent with monthly reports of his
rehabilitation process. In fact, the Claimant argued that his claim for outstanding
remuneration is entirely independent of any reporting or approving requirement from the
Respondent, as per article 4 of the Medical Treatment Agreement.
d. Duplica of the Respondent
29. Despite being invited to do so, the Respondent failed to provide its duplica.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
30. 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 December 2024 and submitted for decision
on 15 May 2025. Taking into account the wording of art. 31 and 34 of the January 2025
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.
31. 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
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (January
2025 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 Colombian player and a Chinese club.
32. 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. 29 of the
Regulations, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
33. 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
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REF. FPSD-17636
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
34. 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
35. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Loan Agreement, the Contract and the Medical Treatment Agreement.
36. In particular, the Chamber noted that, according to the Player, the Club failed to remit him
USD 79,700.71, corresponding to USD 75,000 as outstanding remuneration and USD
4,700.71 as reimbursement of the costs of his recovery sessions.
37. In addition, the Chamber noted that, according to the Respondent, the Claimant is not
entitled to any amounts as he failed to fulfil his contractual obligations pursuant to article
2 a) of the Medical Treatment Agreement.
38. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
39. The Chamber first noted that, in the case at hand, the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Loan Agreement, the
Contract and the Medical Treatment Agreement.
40. The Chamber then recalled the following wording of the Loan Agreement and the Medical
Treatment Agreement:
Art. 13 of the Loan Agreement
“[…] if the Player suffers any injury, disease or disability during the term of the Agreement,
that affects his performance or career as a football professional player, Qingdao shall
assume and pay all the medical expenses of the surgery, rehabilitation, physiotherapy,
pg. 9
REF. FPSD-17636
indemnities (real damage, lost profits) or any other expense that the Player will require to
recover his plenty capacity to play. Besides, Qingdao will be the only responsible of the
salary, social insurance and all the labor obligations of the Player during the term of his
injury and rehabilitation aforementioned. […]”
Art. 2 a) of the Medical Treatment Agreement
“[…] QINGDAO agrees to bear all costs and expenses related to the Player’s surgery and
medical treatment in Colombia, including, but no limited to, hospital bills, medical fees,
rehabilitation, physical therapy, medication costs, post-operative care and other expenses
that The [sic] player needs to recover (before any expenses with treatment or surgery, the
player must send a budget with the expenses so that they can be approved by Qingdao West
Costs) his great ability to play. Furthermore, QINGDAO will be solely responsible for the
monthly salary, social insurance and all employment obligations of the Player during the
period of his aforementioned injury and rehabilitation as agreed in the thirteenth clause of
the Loan Agreement between the Parties. […]”
Art. 4 of the Medical Treatment Agreement
“[…] a) As aforementioned, during the injury and its treatment, QUINGDAO [sic] will be
entirely responsible to pay the month salaries of the Player, until the Player is free to get
back into football activities.
b) Once recovered, even if its after 31st December 2023, the salaries shall not be paid
anymore by QINGDAO […]”
41. After analysing the content of the aforementioned articles, the Chamber concluded that
the Player only needed to get the Club’s consent for expenses related to his surgery and
medical treatment in Colombia, but not for the payment of his remuneration. In fact, the
Chamber observed that both the Loan Agreement and the Medical Treatment Agreement
stipulated that if the Player suffered an injury, the Club would be solely responsible for
paying his salary during the period of his injury and rehabilitation.
42. In continuation, the Chamber noted that the evidence provided by the Respondent does
not prove the payment of the amounts claimed as outstanding by the Claimant.
Furthermore, the Chamber observed that no reasonable justification was presented by the
Respondent for not having complied with the terms of the Loan Agreement, the Contract
and the Medical Treatment Agreement.
43. As a consequence, taking into account the specific requests for relief of the Claimant, and
in accordance with the general legal principle of pacta sunt servanda, the Chamber decided
that the Respondent is liable to pay to the Claimant USD 75,000 net as outstanding
remuneration, i.e. the monthly salaries under the Contract from January 2024 until October
2024.
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REF. FPSD-17636
44. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
at the rate of 5% p.a. on the outstanding remuneration as follows:
•
5% interest p.a. over the amount of USD 15,000 net as from 26 July 2024 until the
date of effective payment;
•
5% interest p.a. over the amount of USD 15,000 net as from 26 August 2024 until
the date of effective payment;
•
5% interest p.a. over the amount of USD 15,000 net as from 26 September 2024
until the date of effective payment;
•
5% interest p.a. over the amount of USD 15,000 net as from 26 October 2024 until
the date of effective payment; and
•
5% interest p.a. over the amount of USD 15,000 net as from 26 November 2024
until the date of effective payment.
45. Lastly, the Chamber rejected the Player’s request for reimbursement of the costs of his
recovery sessions in view of the evidence on file which does not in fact prove the payment
of the said amount pursuant to art. 13 par. 5 of the Procedural Rules.
ii. Art. 12bis of the Regulations
46. The Chamber then 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.
47. To this end, the Chamber confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
48. Accordingly, the Chamber also confirmed that the Respondent had delayed a due payment
without a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis
of the Regulations were met in the case at hand.
49. The Chamber further established that, by virtue of art. 12bis par. 4 of the Regulations the
Chamber has competence to impose sanctions on the club. On account of the above, the
Chamber decided to impose a warning on the Respondent in accordance with art. 12bis
par. 4 lit. a) of the Regulations.
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50. The Chamber also highlighted that a repeated offence will be considered as an aggravating
circumstance and lead to more severe penalty, in accordance with art. 12bis par. 6 of the
Regulations.
iii. Compliance with monetary decisions
51. 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.
52. 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.
53. 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.
54. 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.
55. 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
56. 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.
57. 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.
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58. Lastly, the DRC 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, Juan Pablo Ramirez Velazquez, is partially accepted.
2.
The Respondent, Qingdao West Coast FC, must pay to the Claimant the following amount:
- USD 75,000 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 15,000 net as from 26 July 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 15,000 net as from 26 August 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 15,000 net as from 26 September 2024 until
the date of effective payment;
- 5% interest p.a. over the amount of USD 15,000 net as from 26 October 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 15,000 net as from 26 November 2024 until
the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A warning 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.
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.
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8.
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 art. 50 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., art. 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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