Labour Disputes
Texto da decisão
REF. FPSD-16244
Decision of the
Dispute Resolution Chamber
passed on 7 November 2024
regarding an employment-related dispute concerning the Player Christian
Frederick Makoun Reyes
BY:
Michele COLUCCI (Italy)
CLAIMANT:
Christian Frederick Makoun Reyes, Belgium
Represented by Ramón Montaña Muñoz
RESPONDENT:
ANORTHOSIS FAMAGUSTA, Cyprus
pg. 2
REF. FPSD-16244
I. Facts of the case
1.
On 1 January 2024, the Belgium player, Christian Frederick Makoun Reyes (hereinafter: the
Player or the Claimant) and the Cypriot club, Anorthosis Famagusta (hereinafter: the Club or
the Respondent) concluded an employment contract valid as from the date of signature until
30 June 2026.
2.
On 25 April 2024, the Claimant and the Respondent concluded a settlement agreement in
order to terminate the employment contract (hereinafter: the Settlement Agreement).
3.
The Settlement Agreement reads inter alia as follows:
“2. The [Player]'s due payables of €88.000 (eighty-eight thousand euro) will be paid by
the [Club] as follows:
i.
€4,000 (four thousand euro) on the 17/05/2024
ii. €13,000 (thirteen thousand euro) on the 10/06/2024
iii. €13,000 (thirteen thousand euro) on the 10/07/2024
iv. €13,000 (thirteen thousand euro) on the 10/08/2024
v. €13,000 (thirteen thousand euro) on the 10/09/2024
vi. €13,000 (thirteen thousand euro) on the 10/10/2024
vii. €13,000 (thirteen thousand euro) on the 10/11/2024
viii. €6,000 (six thousand euro) on the 10/12/2024
3. The above amounts, as described in article 2, will be paid in the Player's bank
account, within three (3) days after each payment is agreed as due. This three (3) days
period is to be considered as a grace period and is explicitly agreed that before the
lapse of such period, the Player has no right to claim any measure against the Club
for overdue payment
4. If payment is not received by the due date, the Club shall also pay 5% p.a. interest
on the amount net paid on time until the date of actual payment.
5. If any of the amounts mentioned in point 2 above is not paid under the terms and
conditions hereby agreed, the Player has the right to demand from the Club the
immediate payment of all the remaining amounts”.
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REF. FPSD-16244
4.
On an unspecified date, the Respondent paid the Claimant EUR 4,000.
5.
On 9 July 2024, the Claimant requested payment of the overdue amounts within 10 days.
In particular the letter stated as follows :
“Per our conversation, I copy our legal manager to start the claim against Anorthosis
due to the delay payments for the agreement of Christian Makoun.
As you know, we didn’t want to do this and we were trying to collaborate with you but
this situation is not acceptable.
If we don’t receive a payment for Christian in the following 10 days we will start the
process with FIFA.”
II. Proceedings before FIFA
6.
On 25 September 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
7.
The Claimant lodged a claim for overdue payables. The Claimant argued that the
Respondent failed to fulfil its financial obligations and to pay EUR 84,000 as per the
Settlement Agreement.
8.
The Claimant argued that the Respondent only paid the first instalment (i.e., EUR 4,000).
9.
The Claimant requested the payment of EUR 84,000 plus 5 % interest p.a. as from 10 May
2024.
b. Position of the Respondent
10. The Respondent requested an extension to provide its position to the claim, however no
further communication was provided.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
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REF. FPSD-16244
note that the present matter was presented to FIFA on 25 September 2024 and submitted
for decision on 7 November 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.
12. 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 Single Judge 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 Cypriot club.
13. 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 25 September 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
14. 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
15. 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
she considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant is requesting outstanding remuneration arising from the Settlement
Agreement.
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REF. FPSD-16244
17. In particular, the Single Judge observed that the Claimant requested the payment EUR
84,000 i.e., the last 6 instalments of the Settlement Agreement. The Respondent, on the
other hand, did not provide its position as to the amounts requested, and therefore his
decision would be made on the basis of the documentation on file, that is, the
argumentation and evidence exclusively filed by the Claimant, in line with article 14 par. 1
of the Procedural Rules
18. In this context, the Single Judge acknowledged that his task was to determine, 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.
19. The Single Judge 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 Settlement Agreement
concluded between the parties. Nonetheless, no evidence was provided.
20. The Single Judge then recalled the wording of clause 5 of the Settlement Agreement which
stipulated the following:
“If any of the amounts mentioned in point 2 above is not paid under the terms and
conditions hereby agreed, the Player has the right to demand from the Club the
immediate payment of all the remaining amounts”.
21. Accordingly, the Single Judge noted that only one condition was to be met in order to trigger
the acceleration clause i.e., the Respondent failing to pay the respective amount on each
due date. In continuation, the Single Judge also highlighted that the second instalment due
on 10 June 2024 remained unpaid. Consequently, the Single Judge determined that the
acceleration clause has been triggered, hence should be enforced in line with the general
legal principle of pacta sunt servanda. Therefore, the Respondent should have paid the
amount of EUR 84,000 on 10 June 2024.
22. In view of the foregoing, the Respondent is liable to pay the Claimant EUR 84,000. In
addition, the Single Judge determined that the Claimant is also entitled to interest at the
rate of 5% p.a. on the mentioned amount as from 11 June 2024 until the date of effective
payment.
ii. Compliance with monetary decisions
23. 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.
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REF. FPSD-16244
24. 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.
25. 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.
26. 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.
27. 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
28. 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.
29. 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.
30. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-16244
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Christian Frederick Makoun Reyes, is partially accepted.
2.
The Respondent, ANORTHOSIS FAMAGUSTA, must pay to the Claimant EUR 84,000 as
outstanding remuneration plus 5% interest p.a. as from 11 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-16244
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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