Labour Disputes
Texto da decisão
REF. FPSD-18651
Decision of the
Dispute Resolution Chamber
passed on 28 April 2025
regarding an employment-related dispute concerning the player
Leonardo Gabriel Rolón
BY:
Angela COLLINS (Australia)
CLAIMANT:
Leonardo Gabriel Rolón, Argentina
Represented by Eduardo Alberto Martins
RESPONDENT:
JK Narva Trans, Estonia
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REF. FPSD-18651
I. Facts of the case
1.
On 6 November 2024, the Argentinian player Leonardo Gabriel Rolón (hereinafter, the
Player or the Claimant) and the Estonian club JK Narva Trans (hereinafter, the Club or the
Respondent) concluded an employment contract (hereinafter, the Contract) valid as from 11
November 2024 until 9 November 2025.
2.
Pursuant to Clause 5 of the Contract, the Club undertook to pay the Player (hereinafter,
jointly referred to as the Parties) a fixed monthly remuneration of EUR 820, payable on the
5th day of each month for the previous month, as well as a monthly sports subsidy of
EUR 840, payable on the 20th day of each month for the current month, i.e., a total of EUR
1,660 per month.
3.
On 1 March 2025, the Player put the Club in default, requesting the payment of EUR 6,640
corresponding to his monthly remuneration and sports subsidy for the months of
November and December 2024, and January and February 2025. The Player granted the
Club a deadline of 15 days to fulfil its financial obligations.
4.
On 18 March 2025, the Player unilaterally terminated the Contract.
II. Proceedings before FIFA
5.
On 18 March 2025, the Player filed the claim at hand before FIFA. A summary of the Parties’
respective positions is detailed below.
a. Position of the Claimant
6.
The Player claimed to have a just cause to unilaterally terminate the Contract on 18 March
2025, after having put the Club in default, to no avail.
7.
Based on the above, the Player claimed to be entitled to the total sum of EUR 19,920 plus
interest as of their respective due dates.
8.
The Player requested the following relief:
“Por lo tanto, solicitamos:
1.
Se tenga por presentada la presente demanda conforme la representación invocada.
2.
Se tenga por iniciada demanda en tiempo y forma, y por ofrecida prueba.
3.
Se produzca la prueba ofrecida.
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4.
Se haga lugar a la demanda, con costas a la demandada”.
Freely translated into English:
“We therefore claim:
1.
That this claim be lodged in accordance with the representation invoked.
2.
That the claim be deemed to have been lodged in due time and form and that the
evidence be deemed to have been adduced.
3.
That the evidence offered be produced.
4.
That the claim be upheld with costs to be born by the respondent”.
b. Position of the Respondent
9.
The Club failed to reply to the claim despite having been invited to do so.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
10. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter, the 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 18 March 2025 and
submitted for decision on 28 April 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.
11. 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 (hereinafter, the Regulations) (January
2025 edition), she is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between an Argentinian
player and an Estonian club.
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12. 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. 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
13. 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 she 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
14. 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 she 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
15. The Single Judge then moved to the substance of the matter, and took note of the fact that
it concerned a claim by a player against a club for breach of contract based on the alleged
non-payments of certain financial obligations by the Club as per the Contract, in
accordance with art. 14bis of the Regulations.
16. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence on file, whether the claimed amounts had in fact remained unpaid by the Club
and, if so, whether the formal pre-requisites of art. 14bis of the Regulations had in fact
been fulfilled.
17. The Single Judge then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
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18. The Single Judge noted that the Player claimed not having received his remuneration
corresponding to November 2024 to February 2025. Furthermore, the Single Judge noted
that the Player provided written evidence of having put the Club in default on 1 March
2025, i.e., at least 15 days before unilaterally terminating the Contract on 18 March 2025.
19. The Single Judge also noted that in the case at hand the Club bore the burden of proving
that it indeed complied with the financial terms of the Contract concluded between the
Parties. Nonetheless, the Single Judge noted that the Club failed to reply to the claim
despite being invited to do so, and therefore the Single Judge concluded that no proof of
compliance with the aforementioned terms was provided.
20. Thus, the Single Judge concluded that the Player had a just cause to unilaterally terminate
the contract, based on art. 14bis of the Regulations, and that the Club shall be held liable
for the consequences that follow.
ii. Consequences
21. Having stated the above, the Single Judge turned her attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
22. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to 4 salaries and
one instalment of the sports subsidy under the Contract, amounting to EUR 7,480 as
follows:
o EUR 840 as sports subsidy for November 2024;
o EUR 1,660 for December 2024;
o EUR 1,660 for January 2025;
o EUR 1,660 for February 2025; and
o EUR 1,660 for March 2025.
23. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Club is liable to pay to the Player the amounts which were
outstanding under the Contract at the moment of the termination, i.e., EUR 7,480 as
detailed ut supra.
24. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Player interest
at the rate of 5% per annum on the outstanding amounts as from the day following their
relevant due dates until the date of effective payment, as follows:
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REF. FPSD-18651
o 5% interest p.a. over the amount of EUR 840 as from 21 November 2024;
o 5% interest p.a. over the amount of EUR 820 as from 6 December 2024.
o 5% interest p.a. over the amount of EUR 840 as from 21 December 2024.
o 5% interest p.a. over the amount of EUR 820 as from 6 January 2025.
o 5% interest p.a. over the amount of EUR 840 as from 21 January 2025.
o 5% interest p.a. over the amount of EUR 820 as from 6 February 2025.
o 5% interest p.a. over the amount of EUR 840 as from 21 February 2025.
o 5% interest p.a. over the amount of EUR 820 as from 6 March 2025; and
o 5% interest p.a. over the amount of EUR 840 as from 18 March 2025.
25. Having stated the above, the Single Judge turned to the calculation of the amount of
compensation payable by the Club in the case at stake. In doing so, the Single Judge 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, taking into account the damages suffered, according
to the “positive interest” principle, having regard to the individual facts and circumstances
of each case, and with due consideration for the law of the country concerned.
26. In application of the relevant provision, the Single Judge held that she 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 Single Judge
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
27. As a consequence, the Single Judge determined that the amount of compensation payable
by the Club to the Player had to be assessed in application of the other parameters set out
in art. 17 par. 1 of the Regulations.
28. Bearing in mind the foregoing as well as the claim of the Player, the Single Judge proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Single Judge
concluded that the amount of EUR 12,440 (i.e., EUR 820 for April to November 2025 as
remuneration and EUR 840 for April to October 2025 as sports subsidy) serves as the basis
for the determination of the amount of compensation for breach of contract.
29. In continuation, the Single Judge 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
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REF. FPSD-18651
practice of the Dispute Resolution Chamber 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.
30. In this respect, the Single Judge noted that the Player remained unemployed since the
unilateral termination of the Contract.
31. The Single Judge referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in
case the Player did not sign any new contract following the termination of his previous
contract, as a general rule, the compensation shall be equal to the residual value of the
contract that was prematurely terminated.
32. Based on this, the Single Judge decided to award the Player compensation for breach of
contract in the amount of EUR 12,440, as the residual value of the Contract.
33. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Single Judge decided to award the Player interest on
said compensation at the rate of 5% per annum as from the date of termination until the
date of effective payment.
iii. Compliance with monetary decisions
34. 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.
35. 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.
36. 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.
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37. 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.
38. 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
39. 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.
40. 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.
41. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the Parties.
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REF. FPSD-18651
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Leonardo Gabriel Rolón, is partially accepted.
2.
The Respondent, JK Narva Trans, must pay to the Claimant the following amount(s):
- EUR 7,480 as outstanding remuneration plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 840 as from 21 November 2024 until the date
of effective payment.
- 5% interest p.a. over the amount of EUR 820 as from 6 December 2024 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 840 as from 21 December 2024 until the date
of effective payment.
- 5% interest p.a. over the amount of EUR 820 as from 6 January 2025 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 840 as from 21 January 2025 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 820 as from 6 February 2025 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 840 as from 21 February 2025 until the date of
effective payment.
- 5% interest p.a. over the amount of EUR 820 as from 6 March 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of EUR 840 as from 18 March 2025 until the date of
effective payment.
- EUR 12,440 as compensation for breach of contract plus 5% interest per annum as from
18 March 2025 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:
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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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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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