Labour Disputes
Texto da decisão
REF. FPSD-13525
Decision of the
Dispute Resolution Chamber
passed on 26 March 2024
regarding an employment-related dispute concerning
the player Marko Roganovic
BY:
Stella MARIS JUNCOS (Argentina), Single Judge of the DRC
CLAIMANT:
Marko Roganovic, Montenegro
Represented by Nemanja Filipovic
RESPONDENT:
UTA ARAD, Romania
pg. 2
REF. FPSD-13525
I. Facts of the case
1.
On 22 June 2023, the Montenegrin player, Marko Roganovic (hereinafter: Claimant or
player) and the Romanian club, UTA ARAD (hereinafter: club or Respondent) concluded an
employment contract (hereinafter: contract) valid as from 22 June 2023 until 30 June 2024.
2.
On 30 November 2023, the parties concluded a termination agreement, according to which
the club undertook to pay the Claimant the amount of Romanian New Lei (RON) 128,000
until 25 January 2024.
3.
The termination agreement further details in its article 5: “Should, for any reason whatsoever,
the club fail to make the herein contracted payment of 128,000 Romanian Lei net to the player
by no later than 25.01.2024, the player has the right to the residual value of the [contract]” (i.e.
RON 320,000, established in the termination agreement).
II. Proceedings before FIFA
4.
On 29 January 2024, the Claimant filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Claimant
5.
In his claim, the Claimant requested payment of RON 320,000 (approx. USD 70,000), plus
5% interest p.a. as of 25 January 2024.
6.
In this context, the player argued that the club failed to remit the payment agreed upon in
the termination agreement until 25 January 2024, and that he therefore is entitled to the
residual value of the contract, as established in art. 5 of the termination agreement.
b. Position of the Respondent
7.
The Respondent failed to reply to the claim.
pg. 3
REF. FPSD-13525
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
8.
First of all, the Single Judge (hereinafter also referred to as Single Judge) analysed whether
she was competent to deal with the case at hand. In this respect, she took note that the
present matter was presented to FIFA on 29 January 2024 and submitted for decision on
26 March 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.
9.
Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (February 2024),
she is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a player and a club.
10. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (February 2024 edition),
and considering that the present claim was lodged on 29 January 2024, the May 2023
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
11. 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 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
12. Her competence and the applicable regulations having been established, 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 it will refer only to the facts, arguments and documentary evidence, which
it considered pertinent for the assessment of the matter at hand.
pg. 4
REF. FPSD-13525
i. Main legal discussion and considerations
13. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the matter at hand concerns a claim of a player
against a club for an outstanding payment arising from the termination agreement.
14. In this context, the Single Judge acknowledged that her task was to decide if the player is
entitled to the claimed amounts.
15. The Single Judge noted that according to the player, he is entitled to the full residual value
of the contract, since the club failed to remit the payment agreed upon in the termination
agreement until 25 January 2024.
16. The Respondent, for its part, failed to present its response to the claim of the player, in
spite of having been invited to do so. In this way, the Single Judge r considered that the
Respondent renounced its right of defence and, thus, accepted the allegations of the
Claimant.
17. Furthermore, as a consequence of the aforementioned consideration, the Single Judge
concurred that in accordance with art. 21 par. 1 of the Procedural Rules she shall take a
decision upon the basis of the documents already on file, in other words, upon the
statements and documents presented by the Claimant.
18. It has to be noted that in the case at hand the Respondent bore the burden of proving that
it indeed complied with the financial terms of the contract concluded between the parties.
19. Taking into account the termination agreement, the Single Judge pointed out that it
appears clear that the parties agreed on a payment until 25 January 2024 and if such
payment would not be remitted, that the residual value was due (amount separately
defined in agreement).
20. On account of the above, the Single Judge decided that the player is entitled to the claimed
amounts.
ii. Consequences
21. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amount
of RON 320,000.
pg. 5
REF. FPSD-13525
22. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the Single Judge decided to award the Claimant interest at
the rate of 5% p.a. on the outstanding amounts as from 26 January 2024 until the date of
effective payment.
iii. 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.
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.
pg. 6
REF. FPSD-13525
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 Chamber 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 its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 7
REF. FPSD-13525
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Marko Roganovic, is partially accepted.
2.
The Respondent, UTA ARAD, must pay to the Claimant the following amount(s):
- RON 320,000 plus 5% interest p.a. as from 26 January 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
pg. 8
REF. FPSD-13525
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
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pg. 9