Labour Disputes
Texto da decisão
REF. FPSD-9136
Decision of the
Dispute Resolution Chamber
passed on 3 August 2023
regarding an employment-related dispute concerning the player Roger Junio
Rodrigues Figueira
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Jorge GUTIÉRREZ (Costa Rica), Member
Stella MARIS JUNCOS (Argentina), Member
CLAIMANT / COUNTER-RESPONDENT 1:
Roger Junio Rodrigues Figueira, Brazil
Represented by Balta Dragos Law Office and Sila Lawyers
RESPONDENT / COUNTERCLAIMANT:
FC CFR 1907 Cluj, Romania
Represented by MCA Sports Law Llp
COUNTER-RESPONDENT 2:
Uta Arad, Romania
COUNTER-RESPONDENT 3:
St. Lörinc KFT, Hungary
pg. 2
REF. FPSD-9136
I. Introduction
1.
The relevant parties to this dispute are:
• the Brazilian player, Roger Junio Rodrigues Figueira (hereinafter: the player or the
Claimant / Counter-Respondent 1);
• the Romanian club, CFR 1907 Cluj (hereinafter: CFR Cluj or the Respondent /
Counterclaimant);
• the Romanian club, FC Uta Arad (hereinafter: Uta Arad or Counter-Respondent 2);
• the Hungarian club, St. Lörinc KFT (hereinafter: St Lörinc or Counter-Respondent 3).
2.
The player lodged a claim for breach of contract against CFR Cluj. Together with its reply,
CFR Cluj submitted a counterclaim against the player, Uta Arad, and St Lörinc.
II. Facts of the case
The previous employment relationship between the player and Uta Arad
3.
In December 2020, the player entered into an employment agreement with Uta Arad valid
as from 1 January 2021 until 30 June 2022.
The employment relationship between the player and CFR Cluj
•
The Employment Contract
4.
On 19 January 2022, the player and CFR Cluj concluded an employment contract valid as
from 1 July 2022 until 31 May 2025 (hereinafter: the Employment Contract).
5.
Clause 2.4 of the Employment Contract reads as follows:
“The sports activity is to be carried out by [the player] at a high professional level, in order to
achieve que sports performance objectives established and communicated by [CFR Cluj]’s
management before each competition season for which the sports activity was concluded”.
6.
According to clause 4.1 of the Employment Contract, CFR Cluj undertook to pay the player
the following amounts “until the 25th of the following month”:
a.
For the season 2022-2023: total remuneration of EUR 152,000 net, payable as
follows: (i) EUR 20,000 on 5 February 2022; and (ii) EUR 132,000 in 12 monthly
instalment of EUR 11,000 each from 25 August 2022.
pg. 3
REF. FPSD-9136
7.
8.
b.
For the season 2023-2024: total remuneration of EUR 144,000 net, payable in 12
monthly instalment of EUR 12,000 each from 25 August 2023; and
c.
For the season 2023-2024: total remuneration of EUR 143,000 net, payable in 11
monthly instalment of EUR 13,000 each from 25 August 2024.
Furthermore, according to clause 4.2 of the Employment Contract, the player would be
entitled to inter alia the following bonuses:
a.
EUR 1,000 “for each official game won at the first team in the national championship,
for a titular player”; and
b.
EUR 750 “for each official game won at the first team in the national championship,
as a substitute player”.
The abovementioned clause 4.2 also reads as follows:
“[CFR Cluj] will pay 50% of the result bonuses due to the player related to the matched
played in a competitive season together with the remuneration related to each month,
until the 25th of the following month and the remaining of 50% until October 30 of the
year in which the respective competition season ended, only under condition for the team
to achieve its performance objective, namely winning the national championship. The
bonus related to winning the national championship will be paid until October 30 of the
year in which the respective competition season ended. Regarding the bonuses granted
for UEFA competitions, they will be paid within 60 days of [CFR Cluj] receiving the full
financial rights due to it for participating in these competitions.
All the amounts stipulated in this Contract as bonuses, will be paid to the player under
the condition that he would be registered at the club in the moment of reaching the
objective and effectively participated in the achievement of the objective, being part of
the first team when reaching the objective”.
9.
Clause 4.4 of the Employment Contract reads inter alia as follows:
“[CFR Cluj] undertakes to calculate, declare, withhold, and pay all taxes and
contributions related to the financial rights charged to it by national law. In this sense,
[CFR Cluj] will pay, according to the provisions of Law no. 22712015 on the Fiscal Code,
amended and supplemented, the following:
-
The 10% tax on the gross income achieved by [the player]”.
10. Clause 5.2, lit. c) of the Employment Contract reads as follows:
pg. 4
REF. FPSD-9136
“5.2. [The player] mainly has the following obligations:
[...] c) to provide football services, at a high professional level, taking into consideration
the sports performance objectives taken into account when negotiating and signing [the
Employment Contract], under the conditions and quality required by [CFR Cluj] and
thus to contribute through its performance within the [CFR Cluj]’s football teams, when
achieving the performance objectives established by the club through internal
Regulations”.
11. Clause 5.3 of the Employment Contract reads inter alia as follows:
“5.3. [CFR Cluj] has mainly the following rights:
[...] – the right to use the skills of [the player] on any of the football teams within [CFR
Cluj]”.
12. Clause 5.4 of the Employment Contract reads inter alia as follows:
“5.4. [CFR Cluj] has mainly the following obligations:
[...] – to ensure the conditions and facilities for training (instruction, training, physical
recovery) and participation in competitions at the standards corresponding to the
competitive level in which the group of players of which [the player] is a member”.
•
The transfer agreement and the Addendum
13. On 14 February 2022, CFR Cluj, Uta Arad and the player signed a transfer agreement
(hereinafter: the Transfer Agreement) and agreed upon inter alia the transfer of the player’s
services from Uta Arad to CFR Cluj against payment of EUR 50,000 as fixed transfer fee plus
EUR 25,000 in case CFR Cluj was the local champion by the end of the sporting season
2021/2022.
14. Also on 14 February 2022, the player and the club signed an Addendum to the Employment
Contract by means of which they decided to amend the duration of their employment
relationship, now set to start on 14 February 2022 instead of 1 July 2022 (hereinafter: the
Addendum).
15. In addition, the parties also amended the remuneration owed by CFR Cluj to the player as
follows:
a.
For the season 2022-2023: total remuneration of EUR 201,500 net, payable as
follows: (i) EUR 20,000 on 15 February 2022; (ii) EUR 5,500 on 25 March 2022;
and (iii) EUR 176,000 in 16 monthly instalment of EUR 11,000 each from 25 April
2022.
pg. 5
REF. FPSD-9136
b.
As to the bonuses:
• “For the competitional season 2021/2022, the bonuses will be paid until 30
October of the year in which the respective competitional season ended. The
bonus for winning the National Championship will be paid until 30 October of
the year in which the respective competitional season ended, under condition for
the team to reach its performance objective of winning the National
Championship”; and
• “Starting with the 2022/2023 competitional season, the club will pay 50% of the
result bonuses due to the player related to the matches played in a competitive
season together with the remuneration related to each month, until the 25th of
the following month and the remaining of 50% until October 30 of the year in
which the respective competition season ended, only under condition for the
team to achieve its performance objective, namely wining the national
championship. The bonus related to winning the national championship will be
paid until October 30 of the year in which the respective competition season
ended. Regarding the bonusses granted for UEFA competitions, they will be paid
within 60 days of the club receiving the full financial rights due to it for
participating in these competitions”.
16. Apart from the abovementioned amendments, the Employment Contract remained
unchanged.
The other facts and exchange of correspondences between the parties
17. According to the information available in the FIFA Transfer Matching System (TMS), the
sporting seasons in Romania ran as follows:
•
•
Season 2021/2022: from 1 July 2021 until 30 June 2022; and
Season 2022/2023: from 1 July 2022 until 30 June 2023.
18. During the season 2021/2022, the player played the following matches for CFR Cluj’s teams:
Date
20 February 2022
26 February 2022
15 April 2022
30 April 2022
7 May 2022
14 May 2022
Reference
FC Rapid 1923 (SuperLiga)
Sepsi OSK (SuperLiga)
Zaläu (Liga 3)
Luceafärul Oradea (Liga 3)
Progresul Somcuta Mare (Liga 3)
Zaläu (Liga 3)
Team
First team
First team
Second team
Second team
Second team
Second team
19. During the season 2022/2023, the player participated in the following matches with CFR
Cluj’s:
pg. 6
REF. FPSD-9136
Date
5 July 2022
9 July 2022
13 July 2022
27 July 2022
30 July 2022
4 August 2022
7 August 2022
11 August 2022
14 August 2022
18 August 2022
25 August 2022
28 August 2022
31 August 2022
8 September 2022
11 September 2022
15 September 2022
19 September 2022
1 October 2022
6 October 2022
10 October 2022
13 October 2022
17 October 2022
20 October 2022
23 October 2022
27 October 2022
30 October 2022
3 November 2022
7 November 2022
10 November 2022
13 November 2022
30 November 2022
4 December 2022
7 December 2022
11 December 2022
15 December 2022
20 December 2022
Reference
Pyunik Yerevan (UEFA Champions League Qualifiers)
Sepsi OSK (Romanian Supercup)
Pyunik Yerevan (UEFA Champions League Qualifiers)
IC d’Escaldes (UEFA Europa Conference League Qualifiers)
CS Mioveni (Liga 1)
Soligorsk (UEFA Europa Conference League Qualifiers)
Chindia (Liga 1)
Soligorsk (UEFA Europa Conference League Qualifiers)
FC Botosani (Liga 1)
NK Maribor (UEFA Europa Conference League Qualifiers)
NK Maribor (UEFA Europa Conference League Qualifiers)
FCV Farul (Liga 1)
FC Voluntari (Liga 1)
FC Balkani (UEFA Europa Conference League)
Univ. Craiova (Liga 1)
Sivasspor (UEFA Europa Conference League)
FC Arges (Liga 1)
Petrolul (Liga 1)
Slavia Prague (UEFA Europa Conference League)
Uta Arad (Liga 1)
Slavia Prague (UEFA Europa Conference League)
Sepsi OSK (Liga 1)
U Cluj (Romanian Cup)
U Cluj (Liga 1)
Sivasspor (UEFA Europa Conference League)
FC Rapid 1923 (Liga 1)
FC Ballkani (UEFA Europa Conference League)
FC U Craiova (Liga 1)
Dumbravita (Romanian Cup)
CS Mioveni (Liga 1)
FC Hermannstadt (Liga 1)
Chindia (Liga 1)
FCV Farul (Romanian Cup)
FC Botosani (Liga 1)
FCSB (Liga 1)
FC Hermannstadt (Liga 1)
Team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
First team
20. In January 2023, the player was not included in CFR Cluj’s A-List to the Romanian
Professional Football League (hereinafter: the Romanian PFL). Contextually, it remained
undisputed in these proccedings that:
•
Even if excluded from the A-List, the player could still participate in European
competitions, however, he would no longer be eligible to participate in national
competitions (i.e., the Liga 1 / SuperLiga); and
pg. 7
REF. FPSD-9136
•
the player was not registered at that time because of CFR Cluj’s decision to
register the Kosovar player, Mr Ermal Krasniqi (hereinafter: Mr Krasniqi), for the
same spot of non-European players. Mr Krasniqi was hired by the club in January
2023 and his International Transfer Certificate (ITC) was delivered to the
Romanian Football Federation (FRF) on 17 January 2023.
21. On 25 January 2023, the player addressed a letter to CFR Cluj and acknowledged having
been excluded from the A-List of the Romanian PFL, entailing that the club was in breach
of the Employment Contract. Consequently, he requested to be re-registered until 27
January 2023 under penalty of termination of their employment relationship.
22. Also on 25 January 2023, the Romanian PFL issued a circular letter stating inter alia that
players from Kosovo (such as Mr Krasniqi) would henceforth be accounted for as European
players, conversely to the previous rule where they were deemed foreign.
23. On 26 January 2023, CFR Cluj replied to the player’s notice and informed it had not incurred
in any type of contractual breach. In particular, CFR Cluj acknowledged that he was indeed
not included in the A-List for the Romanian PFL but argued that “the player is part of the
UEFA Players list for the remaining matches of the European competition – UEFA Conference
League, he is between the players that are taking part into domestic cup – Romanian Cup
2022/2023 and he will also be playing for [the club] in the third division of the Romanian
championship”.
24. On 29 January 2023, the player served CFR Cluj with a new letter and insisted that it had
breached the Employment Contract by choosing to register another foreigner player to his
detriment. He wrote as follows: “in case you will not proceed with the present request and the
player will not be re-registered on the ‘A’ list until 30.01.2023, in order to give him the opportunity
to play for the first team of CFR Cluj in the competition Liga 1 – Superliga, we will consider [the
Employment Contract] as terminated for just cause, following the fact that your club refused
to fulfill its obligations assumed within it”.
25. On 31 January 2023, the player referred to his previous letter and reiterated his request for
re-registration with CFR Cluj’s A-List for the Romanian PFL until 2 February 2023, under
penalty of termination of the Employment Contract.
26. On the same date, i.e., 1 February 2023, CFR Cluj received two inquires regarding a potential
transfer of the player’s services to: (i) FC Universitatea Cluj; and (ii) AFC Hermannstadt.
27. On 1 February 2023, CFR Cluj replied to the player and invited him to avail himself at its
premises on 2 February 2023 “in order to conclude the necessary documents for the
implementation of one of the following options:
pg. 8
REF. FPSD-9136
a) The registration of yourself on the A List of the non-EU players available at Romanian
Professional Football League for the 2022/2023 edition of the Romanian Superligue 1 (we
mention the fact that this possibility appeared only in the last days as a result of the
modification in the position of PFL regarding the situation of players assimilated to EUplayers that resulted into an additional place on the list of [CFR Cluj] non-EU players),
b) Conclusion of a temporary transfer contract until the end of the current competition
season, to one of the two teams that have already expressed the interest in your transfer
(Universitatea Cluj, respectively FC Hermannstadt), with due consideration to the actual
contractual conditions, such that you will be endured the same remuneration level, offers
that have already been communicated to you during today,
c) Maintaining the current situation of which you are registered on the lists of the European
competition UEFA Conference League and on the lists of the competitions organized by
the Romanian Football Federation, until the end of the current season, considering the
fact that all of these competitions are considered equally important from the perspective
of sporting performance goals and at the same time, we assure you that the same training
conditions are provided to the athletes registered at [CFR Cluj]”.
28. Also on 1 February 2023, the player replied to CFR Cluj and requested to be registered on
the A-List communicated to the Romanian PFL. He moreover rejected the options b) and c)
provided by CFR Cluj and requested the club’s breach to be cured by noon of 2 February
2023.
29. Around the same date, the local media reported a potential transfer of the player to Uta
Arad.
30. On 2 February 2023, the following events took place:
•
CFR Cluj inter alia informed the player that it had “submitted to the PFL the intention
to re-register the player on the A List”. CFR Cluj also argued that the Employment
Contract was fully respected, hence any termination by the player would be
deemed without just cause;
•
the player pointed out that no proof of re-registration had been provided by CFR
Cluj. Consequently, he unilaterally terminated the Employment Contract claiming
just cause; and
•
the player entered into a new employment agreement with St. Lörinc, valid as
from the date of signature until 30 June 2024. Accordingly, the player would be
entitled to HUF 300,000 as monthly remuneration.
31. Pursuant to the information available in the TMS:
pg. 9
REF. FPSD-9136
•
On 10 February 2023, St. Lörinc entered a transfer instruction to engage the
player permanently as “out of contract”;
•
Also on 10 February 2023, the Hungarian Football Federation (MLSZ)
requested the player’s ITC;
•
On 11 February 2023, the FRF rejected the ITC request under the reason “the
contract between the former club and the professional player has not expired”;
•
On 11 February 2023, the MLSZ disputed the rejection of the player’s ITC and
requested FIFA’s intervention;
•
On 13 February 2023:
o
the FIFA Players’ Status Chamber (PSC) passed a decision and authorized
the player’s registration with MLSZ. The decision issued by the PSC
expressly stated that it was “without prejudice to any possible decision from
the FIFA Dispute Resolution Chamber (DRC) and/or the competent decisionmaking body on the substance of the potential or existing contractual
dispute between the player and his former club (as well as his new club)”;
o
the player, Uta Arad and St. Lörinc entered into a loan agreement by
means of which the player’s services were temporarily transferred from
the former to the later from the date of signature until 30 June 2023
against a payment of transfer fee amounting to EUR 5,000; and
o
the player entered into a new employment agreement with Uta Arad,
valid for the loan period (i.e., from the date of signature until 30 June
2023). Accordingly, the player would be entitled to inter alia the following
fixed amounts: (i) a sign-on fee of RON 42,650; and (ii) a monthly
remuneration of RON 30,870 net.
32. On 30 June 2023, the loan period naturally expired.
33. On 1 July 2023, the player entered into a new employment relationship with the Saudi club,
Al Taraji Club, valid as from the date of signature until 30 June 2024. Accordingly, the player
would be entitled to a total remuneration of USD 250,000 (i.e., USD 200,000 payable in
instalments, plus USD 50,000 as advanced payment).
The PFL national regulations
34. According to the Romanian PFC’s Regulation of the Organization of Football Activity
(hereinafter: the PFL Regulations):
pg. 10
REF. FPSD-9136
“[Article] 19bis | The Lists of players
1. For the competitions organized by the LPF (Professional Football League), the
participant clubs will show the list containing the squad of 25 players (entitled the A
List) which will be composed of the following professional footballers categories:
a.
A minimum number of 6 players trained at the national level;
b.
A minimum number of 2 players trained at the club level;
c.
A maximum number of 4 players, non-EU, with due respect to the following
conditions:
-
1 non-EU player is eligible for registration on the A List is he holds the
nationality of the country that participated to the last edition of the
seniors World Cup.
-
1 non-EU player is eligible for registration on the A List without any
restriction.
For the avoidance of doubt regarding the previous-mentioned criteria,
only 3 of the 4 non-EU players must fulfill the eligible conditions, one can
be registered without any restriction.
[...]
3. In the official games of the national championship – Ligue 1, in the referee report can
be registered only players that are part of A List and B List. The participation in the
official game of a player that is not part of the A List or B List will be sanctioned by
losing the game through forfeit. The Ligue 1 teams have the obligation to register in
the referee report a minimum number of 6 players trained at national level and to
effectively use, during the entire period of games, a nationally trained U21 player,
who is eligible for the national team.
4. A List and B List will be communication to the Competitions Department of PFL, as it
follows:
-
With 5 days prior to the first round of the National Championship –
Ligue 1;
-
With 5 days prior to the resumption of the National Championship –
Ligue 1 after the winter vacation.
pg. 11
REF. FPSD-9136
A and B Lists will be completed according to the form published by the PFL and will be
accompanied by the list of the technical staff approved by the RFF.
After the checking of the players registered on the A and B lists, PFL will approve the team
squad and will communicate the list of the Central Commission of Referees. [PFL] have
the obligation to communication to the Central Commission of Referees any modification
of the A and B Lists, after their approval by the Competitions Department of PFL and will
publish the team squad on the official website of PFL.
5. The A List can be modified until the end of the summer transfer period, by addition
or replacement, but only with players that have been registered with the club after
the communication of the initial list.
After the end of the transfer period, the A List can be modified by additional or
replacement only with players that have been registered with the club after this period,
based on the regulation exceptions (players who had their contracts terminated during
the transfer period or players that have their requests of termination solved through
decisions after the end of the transfer period.
The A List can be modified by addition of replacement in the winter transfer period too,
according to the ruled mentioned above.
The B List can be modified by addition of replacement during the season too, with due
respect to the terms indicated below.
Any request of the lists modification made based on this article must be communication
to the PFL with at least 24h before the start of the first game of the round. In exceptional
situations, the list can be modified but only with players legitimated after the 24h term
mentioned above”.
III. Proceedings before FIFA
35. On 2 February 2023, the player filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Claim of the player
36. In his claim, the player argued that CFR Cluj incurred in an abusive conduct towards him by
(i) sending him to train with the second team, currently playing the 3rd division in Romania;
pg. 12
REF. FPSD-9136
(ii) breaching the Employment Contract, which established that he would be hired for the
1st team and would be only entitled to bonuses if he played in Liga 1 – Superliga or in
European cups; and (iii) trying to transfer him to other clubs, corroborating that it lost
interest on his services.
37. The player argued that he could no longer be re-registered in the A-List until the next
summer of 2023, meaning that he would be ineligible for a long period. Additionally,
“registration with Romanian Football Federation will allow the Claimant to participate in
Romanian Cup competition but that is not enough according with DRC jurisprudence, based on
the fact that any premature elimination from this competition would violate the player’s
fundamental right at least the prospect of regular competitive football and the player would
have no opportunity to play for the rest of the season”.
38. Consequently, the player concluded that CFR Cluj breached his “right to effective occupation
and his right to perform his job according to the contract and the law despite the fact that he
notified the club of his desire to fulfil the assumed contractual obligations”.
39. Given the above, the player stressed that his de-registration from the A-List of the
Romanian PFL amounted to just cause for the termination of the Employment Contract. He
then requested to be awarded the following amounts:
a.
EUR 53,036 plus LEI 1,521 as outstanding remuneration, broken down as follows:
•
•
•
LEI 129,910 (EUR 24,536 + LEI 1,521) as outstanding salaries for 2022;
EUR 11,500 as the salary of January 2023; and
EUR 17,500 as bonuses awarded in line with clause 4.2 of the Employment
Contract.
b.
EUR 342,000 as compensation for breach of contract, corresponding to the
residual value of the Employment Contract, as follows:
•
•
•
EUR 55,000 as the salaries from February until June 2023;
EUR 144,000 as the salaries from July 2023 until June 2024; and
EUR 143,000 as the salaries from July 2023 until May 2025.
c.
“default interest of 5% per year on the aforementioned amounts until the effective
date of payment”.
b. Reply and counterclaim of CFR Cluj
40. On 15 March 2023, the CFR Cluj filed its reply to the claim of the player and lodged a
counterclaim against him, Uta Arad, and St. Lörinc.
pg. 13
REF. FPSD-9136
41. First and foremost, CFR Cluj highlighted that the player “under the Employment Contract’s
terms had the expressed obligation – also in light of the relevant negotiations leading to the
Employment Contract’s conclusion – to participate and play for any team of the Cluj” (cf. clauses
5.2 and 5.3 of the Employment Contract).
42. Subsequently, CFR Cluj explained that on or around 14 February 2022, the player was
registered with the FRF and with the Romanian PFL as part of its team. Furthermore, it
submitted a letter issued by the Romanian PFL on 13 March 2023 stating that he remained
registered “until 15 February 2023, when he was registered as a player of AFC UTA Arad, as a
result of the international transfer request made from St Lorinc KFT team (Hungary)”.
43. CFR Cluj explained that during 2022, the player participated in matches with its first and
the second team and had never raised any complaint about it “being perfectly aware that he
had a contractual obligation to play for the second team”. Moreover, he also participated in
trainings with the first team at the highest standards and in full compliance of the
Employment Contract.
44. Notwithstanding the above, CFR Cluj confirmed that in January 2023, its coaching staff
decided not to include the player in its A-List to the Romanian PFL. In this respect, it argued
that the exclusion was temporary and could be reverted before the termination of the
Employment Contract of the player – especially considering that it had an extra spot for
non-European players.
45. In parallel, CFR Cluj explained that the player was never prevented from training with the
first team, as well as his salaries were timely paid meaning that no breach of contract from
its side existed. However, CFR Cluj alleged that the player did not engage in good faith
negotiations and urged to terminate their employment relationship to seek new
employment.
46. In particular, CFR Cluj argued that at the time of the termination, the player was already
negotiating his return to Uta Arad. Indeed, it maintained that the player started training
with Uta Arad on 6 January 2023, i.e., right after the termination of the Employment
Contract.
47. As to the player’s contract in Hungary, CFR Cluj pointed out that Uta Arad and St. Lörinc
“fabricated a transfer, for unknown reasons” and violated the FIFA regulations to this extent.
In CFR Cluj’s view, the subsequent transfer of the player from St. Lörinc to Uta Arad on the
same day of his registration in Hungary showed that Uta Arad was indeed the interested
party in retaining the player’s services.
48. Based on all the abovementioned considerations, CFR Cluj stressed that the player
terminated the Employment Contract without just cause. It further underlined that no
abusive conduct took place from its part, and the player was the one trying to evade from
his contractual obligations. It made the following remarks in this regard:
pg. 14
REF. FPSD-9136
“- One: the player was hired (and expressly agreed thereto), at the time of the
Employment Contract’s conclusion, to player for either the first and/or the second
team of [CFR Cluj], which is clearly confirmed by unambiguous provisions of the
Employment Contract.
[...]
- Two: the player’s own conduct confirms that he was fully aware to have, under the
Employment Contract’s terms, the obligation to play for the second team of [CFR
Cluj], if so required.
- Three: As demonstrated above, the player, during his time with [CFR Cluj], was
continuously registered with the FRF and [PFL] and, hence, fully able, and eligible to
perform his activity as professional football player. Hence, the player – unlike to his
assertion – was at no time barred to exercise his activity as football player.
- Four: [CFR Cluj] ensured that also for the remainder of the 2022/23 sporting season
the player had full access to competitive football at the highest level. Even if the player
would have been prevented from playing from January 2023 in league matches of the
first team of [CFR Cluj], in any case, the player at all times would have access and
would have been eligible to player official matched for [CFR Cluj] in the third
Romanian league, the Romanian Cup Competition as well as the UEFA Conference
League matches. Hence, the player’s career as a football player, in any case, would
have never been compromised in any way whatsoever.
- Five: in any case, on 2 February 2023, i.e., the date of the player’s unilateral
termination of the Employment Contract, there was, in accordance with relevant
provisions of the FRF and PFL, a slot for the player’s inclusion in said A List in order
to play for the remainder of the 2022/23 sporting season in Superliga matches for[
[CFR Cluj]’s first team.
[...]
- Six: as demonstrated above, the player at all times received regular payments of his
remuneration.
- Seven: the player at all times was a full member of the first team squad of [CFR Cluj]
with regards to training, medial and all other relevant aspects. Hence, the player,
certainly had access to training, training facilities and training colleagues at the
highest standards to be expected under the terms of the Employment Contract.
Certainly, the player was never isolated or received a treatment different that other
players.
pg. 15
REF. FPSD-9136
- Eight: the potential access to bonuses when reaching targets with the first team of
[CFR Cluj] cannot be considered as argument that the playing opportunity with the
second team of [CFR Cluj] would constitute abusive behaviour”.
49. CFR Cluj added that it tried to find an amicable solution with the player, but he simply
refused himself to participate in a meeting and abruptly terminated the Employment
Contract. It also stressed that there was no other plausible reason for the termination,
including no outstanding remuneration. CFR Cluj disputed the outstanding remuneration
claimed by the player as follows:
•
the salary of January 2023 was not yet due insofar as it was payable until the 25th
day of the following month (cf. clause IV.4.1 of the Employment Contract);
•
bonus payments are not considered within the scope of art. 14bis of the FIFA
Regulations on the Status and Transfer of Players (RStP); and
•
the player did not specify his request for outstanding salaries of 2022, hence he
failed to meet his burden of proof and should not be entitled to the additional
RON 129,910 claimed.
50. In any event, CFR Cluj maintained that the termination was not an ultima ratio measure.
51. In conclusion, CFR Cluj requested to be awarded compensation amounting to EUR
458,493.86 plus interest as from 15 March 2023 (i.e., the date of the counterclaim), broken
down as follows:
•
EUR 342,000 as the residual value of the Employment Contract; plus
•
EUR 116,493.86 as the non-amortized transfer and agency fees paid to Uta Arad
to hire the player in February 2022 (i.e., EUR 75,000 as the transfer fee and EUR
91,419 as agency fees times 12 divided per 40 months).
52. Likewise, CFR Cluj requested sporting sanctions to be imposed both on the player and his
new club(s), the latter to be also jointly and jointly liable to the payment of the
compensation.
53. Alternatively, CFR Cluj argued that no compensation should be awarded to any of the
parties.
54. CFR Cluj’s requests for relief were as follows, quoted verbatim:
“1. To rule that [the player] terminated the Employment Contract (and its Addendum)
without just cause.
pg. 16
REF. FPSD-9136
2. Consequently, to fully reject [the player]’s claim.
3. To fully accepted [CFR Cluj]’s counterclaim.
4. Therefore, to condemn the player to pay [CFR Cluj] the amount of EUR 458,493.86
four hundred fifty-eight thousand four hundred and ninety-three euro and eighty-six
euro cents only) net plus interest at a rate of 5 percent per annum on the aforesaid
amount for the period from 15 march 2023 until the date of effective payment.
5. To hold that [Uta Arad] as the payer’s new club shall be jointly and severally liable
to pay the aforesaid amount of EUR 458,493.86 (plus interest) to [CFR Cluj].
In the alternative to request 5 only
6. To hold that [St Lörinc] as the payer’s new club shall be jointly and severally liable
to pay the aforesaid amount of EUR 458,493.86 (plus interest) to [CFR Cluj].
7. To impose on the player a six-month restriction on playing in official matches.
8. To impose on [Uta Arad] as the player’s new club a ban on registering new players,
either nationally or internationally, for two entire and consecutive registration periods.
In the alternative to request 8 only
9. To impose on [St Lörinc] as the player’s new club a ban on registering new players,
either nationally or internationally, for two entire and consecutive registration periods.
10. For the effect of the above, to state that the player, [Uta Arad] and/or [St Lörinc]
shall be condemned to pay any and all costs of the present proceedings, if any.
IN THE ALTERNATIVE
1. To partially accepted [the player]’s claim insofar as to award [the player] with a
compensation of symbolic nature only.
2. To otherwise reject [the player]’s claim.
3. Therefore, to find that no sporting sanction shall be imposed on [CFR Cluj].
4. For the effect of the above, to state that [the player] shall be condemned to pay any
and all costs of the present proceedings, if any”.
pg. 17
REF. FPSD-9136
c. Reply to the counterclaim by the player
55. On 22 May 2023, the player filed his reply to the counterclaim of CFR Cluj.
56. In doing so, the player recalled the factual background of the case and opposed to CFR
Cluj’s position in the sense that he should also play for its other teams. The player claims
that: (i) there were limitations in the Employment Contract, establishing that he could not
be de-registered (i.e., clause 5.3); and (ii) he was clearly hired as a professional player for
the first team and admitting otherwise would entail a violation of his rights and breach of
the Employment Contract.
57. Along the same lines, the player outlined that he was illegally (and without any reason) deregistered from CFR Cluj’s A-List. Irrespective as to whether the player could have been reincluded in the A-List, he claimed that such “unlawful situation led [him] to legitimately believe
that [CFR Cluj] was no longer interested in his services and the performance of [the
Employment Contract]”. Specifically, he considered that by not being registered in the AList, his chances of participating in any other competition with the first team were
minimum.
58. Further, the player pointed out that he was de-registered on 17 January 2023 and his place
was taken by another Kosovar player (i.e., Mr Krasniq). The player explained that at the time
this decision was taken by the club’s management there was no extra spot available for the
player’s registration, hence suggesting that the de-registration was not temporary. Only in
continuation (i.e., on 25 January 2023), the Romanian PFL announced new rules concerning
Kosovar players, thus potentially allowing the player to be reinstated.
59. The player thoroughly discussed the Romanian PFL regulations as to the registration of
players. According to his interpretation and as opposed to CFR Cluj’s position, it was still
questionable whether the player could be reinstated to the A-List, because he was not a
newcomer in the team and was already part of the squad when the first list was
communicated to the competent authorities.
60. In any circumstance, the player argued that even if he could be re-register in the A-List, CFR
Cluj lacked proactivity and did not prove “any genuine effort to re-register [the player] on the
A-List”. In particular, he stated that (i) the meeting invitation by CFR Cluj on 2 February 2023
was made in bad faith only to prevent him from claiming just cause; (ii) CFR Cluj had never
complained of his behaviour before the termination of the Employment Contract; and (iii)
CFR Cluj did not request him any of the needed documents, thus suggesting that it would
not proceed with the registration.
61. Given the above, the player firmly concluded that he had just cause for the termination of
the Employment Contract.
pg. 18
REF. FPSD-9136
62. Thereafter, the player insisted that he should be entitled to outstanding remuneration and
compensation for breach of contract, as follows:
a.
EUR 6,992.78 as outstanding remuneration, broken down as follows:
• EUR 3,367.78 as the balance of his salaries and rent allowance until January
2023; and
• EUR 3,625 as the balance of his bonuses.
b.
EUR 367,671 as compensation for breach of contract, broken down as follows:
Residual value of the Employment Contract: EUR 394,000
• EUR 55,000 as salaries form February to June 2023;
• EUR 144,000 as salaries from July 2023 until June 2024;
• EUR 143,000 as wages from July 2024 until May 2025;
• EUR 38,000 as “a 10% gross-up” pursuant to clause 4.4 of the Employment
Contract; and
• EUR 14,000 as benefits in kind from February 2023 until May 2025 (i.e., 500 per
month).
Mitigation: EUR 26,329
• As to the contract with St. Lörinc: EUR 314 (i.e., pro rata for February 2023) plus
EUR 9,600 (i.e., from July 2023 until July 2024); and
• As to the contract with Uta Arad: EUR 16,415 (i.e., sign-on fee and salaries, plus
10% gross-up rate per clause 4.4).
c.
5% interest p.a. over the abovementioned amounts as from 2 February 2023 until
the date of effective payment.
d. Replies to the counterclaim by Uta Arad and St. Lörinc
63. Together with the player, on 2 May 2023 Uta Arad and St. Lörinc were also invited by the
FIFA general secretariat to file their respective positions as to the counterclaim of CFR Cluj
by no later than 22 May 2023.
64. On 31 May 2023, the FIFA general secretariat acknowledged that it could not confirm
whether the abovementioned correspondence had been properly remitted to Uta Arad
pg. 19
REF. FPSD-9136
and St. Lörinc due to an Information Technology (IT) malfunction. Consequently, and for
the sake of good procedural order, both Uta Arad and St. Lörinc were granted an additional
deadline to file their positions as to the counterclaim of CFR Cluj, by no later than 20 June
2023.
65. On 22 June 2023, the FIFA general secretariat confirmed that no reply had been received
either from Uta Arad or St. Lörinc. Consequently, the parties were informed that the
submission phase was closed, and no further comments would be accepted in line with art.
23 of the Procedural Rules Governing the Football Tribunal.
66. On 27 June 2023, Uta Arad filed a late reply via parallel proceedings initiated in the FIFA
Legal Portal.
67. On 28 June 2023, the FIFA general secretariat acknowledged receipt of Uta Arad’s
correspondence and included in the case file for information of the parties concerned. Uta
Arad was, however, informed that the deadline for submitted its reply had already elapsed
and thus such correspondence would not be considered.
e. Final comments by CFR Cluj
68. On 10 July 2023, the FIFA general secretariat acknowledged that together with his reply to
the counterclaim, the player made additional remarks concerning the quantum claimed
from CFR Cluj. Consequently, and for the sake of good procedural order, CFR Cluj was
invited to submit additional comments exclusively as to the amount in dispute (cf. art. 23,
par. 2 of the Procedural Rules Governing the Football Tribunal).
69. On 19 July 2023, CFR Cluj filed its additional comments. In doing so, it (i) reiterated its claim
for compensation for breach of contract amounting to EUR 458,293.86; and (ii) insisted that
no amount should be paid to the player. In particular, CFR Cluj added that “tax-related
aspects as per foreign laws are not considered”, as well as no gross up was contractually
agreed, but rather the withholding of taxes for direct payment by the CFR Cluj to the tax
authorities. Likewise, CFR Cluj objected to the inclusion of the rent allowance as part of the
compensation.
70. Lastly, CFR Cluj claimed that – alternatively – the amount of compensation payable to the
player should be limited to EUR 67,950.06 (i.e., the residual value of the Employment
Contract minus the mitigation with St. Lörinc, Uta Arad and the Saudi club, Al-Taraji).
pg. 20
REF. FPSD-9136
IV. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
71. First of all, the Dispute Resolution Chamber (hereinafter also referred to as 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 2 February 2023 and submitted
for decision on 3 August 2023. 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.
72. Subsequently, the members of 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 FIFA RSTP (May 2023 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 Brazilian player, two Romanian clubs and Hungarian
club.
73. At this point and while assessing the admissibility of the claim (and counterclaim) on the
matter at hand, the DRC briefly confirmed that the submission filed by Uta Arad was late,
hence should be disregarded in line with art. 11 par. 4 of the Procedural Rules.
74. 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 FIFA RSTP (May 2023 edition) and considering that the present claim was
lodged on 2 February 2023, the October 2022 edition of said regulations (hereinafter: the
Regulations) is applicable to the matter at hand as to the substance.
b. Burden of proof
75. 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 TMS.
c. Merits of the dispute
76. Its competence and the applicable regulations having been established, 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
pg. 21
REF. FPSD-9136
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 the assessment of the matter at hand.
i. Main legal discussion and considerations
77. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that it pertains to a claim of the player against CFR Cluj
for breach of contract, and a corresponding counterclaim by CFR Cluj against the player,
Uta Arad, and St. Lörinc.
78. The Chamber noted that the player terminated the Employment Contract on 2 February
2023 and the parties strongly dispute the justice of such termination as follows:
•
According to the player, the Employment Contract was terminated with just cause
because CFR Cluj excluded him from the A-List submitted to the Romanian PFL
and failed to cure the breach within the deadline granted in his default notices.
In the player’s view, by confirming that he was not part of its A-List, CFR Cluj
violated his fundamental rights and gave cause to the premature termination;
•
According to CFR Cluj, whilst the player was initially excluded from its A-List, he
urged to terminate the Employment Contract without granting it with a
reasonable deadline to remedy the situation. For CFR Cluj, due to the new rules
announced by the Romanian PFL, the player could have been reintegrated to its
main squad, but he unlawfully and prematurely terminated the Employment
Contract to enter into a new relationship with (ultimately) Uta Arad.
79. In view of the dissent between the parties, the DRC acknowledged that its task was to
determine (i) whether the player had just cause to terminate the Employment Contract;
and (ii) the consequences that follow.
80. In doing so, the DRC initially recalled its long-standing jurisprudence, according to which
only a breach or misconduct which is of a certain severity justifies the termination of a
contract without prior warning. In other words, only when there are objective criteria which
do not reasonably permit to expect the continuation of the employment relationship
between the parties, a contract may be terminated prematurely. Hence, if there are more
lenient measures which can be taken in order for an employer to assure the employee’s
fulfilment of his contractual duties, such measures must be taken before terminating an
employment contract. A premature termination of an employment contract can only be an
ultima ratio measure.
81. In addition, the DRC highlighted that the Commentary to the FIFA RSTP (p. 114-5) states as
follows regarding the just cause for the termination in cases of deregistration of players:
pg. 22
REF. FPSD-9136
“As previously mentioned, a club – as an employer – has the duty to protect the
personality rights of the player – as an employee. The career development of a footballer
may be prejudiced as a result of inactivity and thus, the club has a duty to allow its
players to engage in the activity for which they have been in principle employed and are
qualified for. The DRC has already confirmed that ‘among a player’s fundamental rights
under an employment contract, is not only his right to a timely payment of his
remuneration, but also his right to access training and to be given the possibility to
compete with his fellow team mates in the team’s official matches’ and that ‘by deregistering’ a player, even for a limited time period, a club is effectively barring, in an
absolute manner, the potential access of a player to competition and, as such, is violating
one of his fundamental rights as a football player’ and that therefore ‘the deregistration of a player could in principle constitute a breach of contract since it
de facto prevents a player from being eligible to play for his club’.
In line with the well-established approach of the DRC, a 2014 Award confirmed that the
deregistration of a player to participate in a national championship entitles the
player to unilaterally terminate their contract with just cause, with no
requirement to send a default notice to the club. The rationale for this is that players
have a fundamental right to train and to be in a position to play official matches. In
order for a player to be eligible to participate in organised football, they must be
registered to participate in championships for their club. If they are not registered, they
will not be able to play competitive football, irrespective of their commitment, general
attitude, or performance in training sessions. This is a violation of the player’s
fundamental rights. Even stronger language was used in a 2015 Award, where it was
stated that deregistering the player constituted the ‘factual termination of the
employment contract.’
In a 2018 Award, the Panel confirmed once again that deregistering a player from
participating in national championships is itself enough to justify premature
termination of the contract.
A similar approach applies to the non-registration of a player. This often happens where
a club does not undertake all the necessary due diligence to determine that a player it
has signed is eligible to be registered to participate in a championship (e.g. due to a
specific foreign player rule, or specific squad size limit).”
(emphasis added)
82. While considering the above, the Chamber observed that the disagreement between the
parties to the case at hand started in the end of January 2023, namely when CFR Cluj was
required to submit its A-List for participation in the Romanian PFL and (unequivocally) did
not include the player within its squad. In particular, the parties concurred that the player
was not included in the A-List upfront because CFR Cluj used its non-European player’s
quota to register another recently hired player, i.e., Mr Krasniq.
pg. 23
REF. FPSD-9136
83. In continuation, the DRC was observant that the following facts took place and were
deemed relevant to the analysis at hand:
Date
25 January 2023
26 January 2023
29 January 2023
31 January 2023
1 February 2023
Event
The player acknowledged that he was not included in the A-List and
requested to be reintegrated by no later than 27 January 2023.
CFR Cluj inter alia confirmed that the player had not been included
in the A-List, however informed that he was still eligible for other
competitions.
The player insisted on being re-registered until 30 January 2023,
under penalty of termination.
The player reiterated his request and granted an additional deadline
for CFR Cluj to cure the breach until 2 February 2023.
CFR Cluj invited the player for a meeting and granted him three
alternative solutions for the issue:
(i)
being included in the A-List, as claimed and provided that
there was another spot available for non-EU players in
line with the circular issued by the Romanian PFL on 25
January 2023;
(ii)
entering into a loan agreement with other interested
clubs, while keeping the same remuneration that was
being earned;
(iii)
1 February 2023
2 February 2023
2 February 2023
2 February 2023
12 February
2023
12 February
2023
maintaining the same situation, thus being eligible to
participate in the European competitions.
The player replied to CFR Cluj’s letter and requested to be included
in the A-List by no later than 2 February 2023, 12:00.
CFR Cluj inter alia informed the player that it had already submitted
a request for him to be included in the A-List based on the exception
created by the circular dated 25 January 2023. It also argued that a
termination by the player in the meanwhile would be considered
without just cause.
The player acknowledged that no proof of CFR Cluj’s request to reregister him had been submitted within the granted deadline. Thus,
he notified the termination of the Employment Contract
claiming just cause.
The player initiated a new employment relationship with St. Lörinc.
Following the dispute of the ITC and a decision passed by the FIFA
PSC, the player was registered with St. Lörinc.
The player’s services were loaned to Uta Arad.
pg. 24
REF. FPSD-9136
13 February
2023
Closure of the registration period in Romania.
84. Against this background, the DRC firstly stated that, by not including the player in the A-List
at its first opportunity, CFR Cluj already incurred in a violation of the Employment Contract,
namely of the player’s right to fully exercise its profession and participate in the national
championship.
85. The DRC added, nonetheless, that after being aware of the exclusion from the A-List, the
player granted CFR Cluj multiple opportunities to remedy the breach and to re-integrate
him to the main squad, to no avail. The Chamber found it true that the deadlines granted
by the player were not long, however it stressed that not only there were multiple warning
from the player but also that CFR Cluj was the party in breach, hence liable to diligently
adopt the necessary measures to re-include the player in the A-List and/or to demonstrate
that it adopted all the adequate steps to do so.
86. Contrario sensu, the DRC considered essential that neither during the exchange of
correspondences nor in the context of these proceedings CFR Cluj produced any type of
evidence suggesting that it effectively filed a request with the Romanian PFL in order to reregister the player in the A-list. Whilst CFR Cluj alleged that it requested this on 2 February
2023, no evidence whatsoever was provided.
87. In the Chamber’s view, all the above was even more critical when considering that the
registration period in Romania was soon to be closed (i.e., on 13 February 2023), hence the
player needed a fast reply to protect his career.
88. Consequently, bearing the jurisprudence of the Football Tribunal in mind, the Chamber
was of the opinion that CFR Cluj’s initial breach and subsequent inertia to remedy the
situation could generate the player’s legitimate expectation that his services would not be
retained (or, at least, that he would not be reintegrated to the A-List). Put differently, the
DRC was convinced that the documentation on file sufficiently corroborated the player’s
position that he was genuinely led to believe that CFR Cluj lost interest on his services.
89. In conclusion, the DRC decided that the player terminated the Employment Contract with
just cause, and CFR Cluj should be liable to the consequences that follow. It followed that
the counterclaim of CFR Cluj was rejected, and thus the Chamber does not need to examine
any aspect regarding the alleged bridge transfer raised by the Respondent /
Counterclaimant.
ii. Consequences
90. Having stated the above, the members of the Chamber turned their attention to the
question of the consequences of such unjustified breach of contract committed by CFR
Club.
pg. 25
REF. FPSD-9136
91. Firstly and foremost, the Chamber referred to the general legal principle of pacta sunt
servanda, and determined that CFR Club is liable to pay to the player the amounts which
were outstanding under the Employment Contract at the moment of the termination plus
default interest as from the corresponding due dates, as follows:
a. EUR 3,367.78 as the balance of salaries, plus 5% interest as from 1 February 2023;
b. EUR 3,625 as match bonuses, plus 5% interest as from 2 February 2023.
92. In connection to the above, the Chamber outlined that the quantum claimed by the player
was contractually based and not specifically disputed by CFR Club, hence should be
awarded as requested.
93. Nevertheless, and as opposed to the player’s allegations, the Chamber deemed that no
gross-up should be made. The Chamber found there was no clear contractual basis for
such operation, insofar as the Employment Contract only establishes that CFR Club should
withhold the taxes and forward them directly to the appropriate authorities. Thus, the DRC
considered that in case the player was held liable to any payment that should have been
done by CFR Club, he should be entitled to seek reimbursement before the competent
authorities.
94. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the player by CFR Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
country concerned, the specificity of sport and further objective criteria, including in
particular, the remuneration and other benefits due to the player under the existing
contract and/or the new contract, the time remaining on the existing contract up to a
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
95. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
96. As a consequence, the members of the Chamber determined that the amount of
compensation payable by CFR Club to the player had to be assessed in application of the
other parameters set out in art. 17 par. 1 of the Regulations. The Chamber recalled that
pg. 26
REF. FPSD-9136
said provision provides for a non-exhaustive enumeration of criteria to be taken into
consideration when calculating the amount of compensation payable.
97. Bearing in mind the foregoing as well as the claim of the player, the Chamber proceeded
with the calculation of the monies payable to the player under the terms of the
Employment Contract and its Addendum from the date of its unilateral termination until
its end date. Consequently, the Chamber concluded that the amount of EUR 364,000 serves
as the basis for the determination of the amount of compensation for breach of contract,
broken down as follows:
a. EUR 77,000 as the instalments due from February until August 2023 (i.e., 7 months à
EUR 11,000 each);
b. EUR 144,000 as the entire remuneration for the season 2023/2024; and
c. EUR 143,000 as the entire remuneration for the season 2023/2024.
98. In continuation, the Chamber verified as to whether the player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
99. Indeed, the player found employment with St. Lörinc, Uta Arad, and Al Taraji. In accordance
with the pertinent employment contracts, the player was entitled to approximately the
following amounts, converted to Euros in accordance with the exchange rates of the dates
of signature of each contract:
a. St. Lörinc: EUR 274.30 as the pro rata salary of February 2023 (i.e., 10 days, from 2
until 12 February 2023);
b. Uta Arad: EUR 37,461.51 being (i) EUR 3,595.91 as the pro rata salary of February
2023 (i.e., 16 days, from 13 until 28 February 2023); (ii) EUR 25,171.40 as the salaries
from March until June 2023; and (iii) EUR 8,694.20 as advance payment;
c. Al Taraji: EUR 229,646.30 being (i) EUR 183,717 as the remuneration payable in
instalments; and (ii) EUR 45,929.30 as advance payment.
TOTAL: EUR 267,382.11
100. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
pg. 27
REF. FPSD-9136
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the Employment
Contract termination did not take place due to said reason, and therefore decided that the
player should not be entitled to additional compensation.
101. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand, the Chamber decided that CFR Club must pay the amount
of EUR 96,617.89 net to the player (i.e., EUR 364,000 minus EUR 267,382.11), which was to
be considered a reasonable and justified amount of compensation for breach of contract
in the present matter.
102. Lastly, taking into consideration the player’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the player interest on said
compensation at the rate of 5% p.a. as of the date of termination (i.e., 2 February 2023)
until the date of effective payment.
iii. Compliance with monetary decisions
103. 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.
104. 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.
105. Therefore, bearing in mind the above, the DRC decided that CFR Club must pay the full
amount due (including all applicable interest) to the player within 45 days of notification of
the decision, failing which, at the request of the player, 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 CFR Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
106. CFR Club shall make full payment (including all applicable interest) to the bank account
provided by the player in the Bank Account Registration Form, which is attached to the
present decision.
107. 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.
pg. 28
REF. FPSD-9136
d. Costs
108. 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.
109. 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.
110. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 29
REF. FPSD-9136
V. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant / Counter-Respondent 1, Roger Junio Rodrigues Figueira, is
partially accepted.
2.
The Respondent / Counterclaimant, FC CFR 1907 Cluj, must pay to the Claimant / CounterRespondent 1 the following amount(s):
- EUR 3,367.78 net as outstanding remuneration plus 5% interest p.a. as from 1 February
2023 until the date of effective payment;
- EUR 3,625 net as outstanding remuneration plus 5% interest p.a. as from 2 February
2023 until the date of effective payment; and
- EUR 96,617.89 net as compensation for breach of contract without just cause plus
5% interest p.a. as from 2 February 2023 until the date of effective payment.
3.
Any further claims of the Claimant / Counter-Respondent 1 are rejected.
4.
The counterclaim of the Respondent / Counterclaimant is rejected.
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 / Counterclaimant 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.
pg. 30
REF. FPSD-9136
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 / CounterRespondent 1 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
pg. 31
REF. FPSD-9136
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 32