DRC Overdue Payables
Texto da decisão
REF. FPSD-19380
Decision of the
Dispute Resolution Chamber
passed on 27 June 2025
regarding an employment-related dispute concerning the Player
Mohamed Saghraoui
BY:
Michele Colucci (Italy)
CLAIMANT:
Mohamed Saghraoui, Tunisia
Represented by Mr Slim Boulasnem
RESPONDENT:
Arar Club, Saudi Arabia
pg. 2
REF. FPSD-19380
I. Facts of the case
1.
On 1 September 2024, the Tunisian player Mohamed Saghraoui (hereinafter: Claimant or
player) and the Saudi Arabian club (hereinafter: club or Respondent) concluded an
employment contract (hereinafter: Contract) valid as from the date of signature until
30 April 2025.
2.
According to the Contract, the Respondent undertook to pay the Claimant SAR 18,000 as a
monthly salary, as well as a signature bonus of SAR 75,000 and discretionary match
bonuses pursuant to the club’s internal regulations.
3.
On 5 May 2025, the Claimant put the Respondent in default and requested payment of
SAR 165,000, setting a 10 days’ time limit in order to remedy the default.
II. Proceedings before FIFA
4.
On 26 May 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
5.
The Claimant lodged a claim against the Respondent in front of FIFA and requested
overdue payables of SAR 165,000.
6.
In his claim, the Claimant argued that the Respondent failed to pay the following amounts:
-
SAR 75,000 – signature bonus
SAR 18,000 – salary of December 2024
SAR 18,000 – salary of January 2025
SAR 18,000 – salary of February 2025
SAR 18,000 – salary of March 2025
SAR 18,000 – salary of April 2025
7.
The Claimant requested the above amounts in accordance with the general principle of
pacta sunt servanda.
8.
Furthermore, the Claimant requested interest as from the date following the respective
due dates of the instalments in dispute.
pg. 3
REF. FPSD-19380
b. Reply of the Respondent
9.
The Respondent submitted the following reply to the claim of the Claimant:
“On behalf of Arar Club, we hereby reject the proposal made by the FIFA General Secretariat
dated 4 June 2025 in the matter involving [the Claimant] We request that the case proceed
through regular proceedings.”
pg. 4
REF. FPSD-19380
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 he was competent to deal with the case at hand. In this respect, it took
note that the present matter was presented to FIFA on 26 May 2025 and submitted for
decision on 27 June 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), he is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Tunisian player
and a Saudi Arabian club.
12. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 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 he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
pg. 5
REF. FPSD-19380
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
the present dispute concerned the alleged non-payment of overdue payables under the
Contract.
16. In this context, the Single Judge acknowledged that his task was to determine whether,
based on the evidence on file, the Respondent indeed defaulted on its financial obligations
under the Contract, if so, whether there was a valid justification for such alleged default,
and lastly what the consequences for such default may be.
17. Prior to entering into the analysis of the matter at stake, the Single Judge recalled the
submissions of the parties.
18. On one hand, the Claimant argued that he was owed a total amount of SAR 165,000,
consisting of various salaries and a signature bonus. On the other hand, the Respondent
failed to submit any substantial response to the claim, requesting merely that the matter
be decided upon formally by the Football Tribunal, rather than by proposal, in accordance
with art. 20 of the Procedural Rules.
19. At this stage, the Single Judge deemed it opportune to refer to art. 13 par. 5 of the
Procedural Rules, pursuant to which a party that asserts a certain fact also bears the
burden of proving its veracity with appropriate evidence.
20. Having set this out, the Single Judge recalled that the Claimant argued not having received
five monthly salary instalments of SAR 18,000 each, between December 2024 and April
2025.
21. Since these amounts were contractually guaranteed, and the Respondent failed to either
contest the non-payment thereof, nor provided a valid justification for not having complied
with its obligations, the Single Judge was able to establish that these amounts are due to
the Claimant – i.e., SAR 90,000.
22. As for the signature bonus of SAR 75,000, the Single Judge equally noted that this amount
was contractually agreed upon and not subject to the fulfilment of any conditions. The nonpayment thereof remained undisputed by the Respondent.
23. As a result, the Single Judge considered that said amount was to be equally awarded to the
Claimant.
24. Based on all the above considerations, the Single Judge decided that the Claimant would,
in accordance with the general legal principle of pacta sunt servanda, be awarded with
outstanding remuneration of SAR 165,000, or SAR 90,000 plus SAR 75,000.
pg. 6
REF. FPSD-19380
25. Furthermore, in line with the relevant request for relief and the jurisprudence of the
Football Tribunal, the Single Judge decided that interest shall be applicable on said amount
as follows:
-
On the amount of SAR 75,000, 5% p.a. as from 2 September 2024 until the date of
effective payment;
On the amount of SAR 18,000, 5% p.a. as from 1 January 2025 until the date of
effective payment;
On the amount of SAR 18,000, 5% p.a. as from 1 February 2025 until the date of
effective payment;
On the amount of SAR 18,000, 5% p.a. as from 1 March 2025 until the date of effective
payment;
On the amount of SAR 18,000, 5% p.a. as from 1 April 2025 until the date of effective
payment;
On the amount of SAR 18,000, 5% p.a. as from 1 May 2025 until the date of effective
payment.
ii. Art. 12bis of the Regulations
26. The Single Judge then referred to art. 12bis par. 2 of the Regulations, which stipulates that
any club found to have delayed a due payment for more than 30 days without a prima facie
contractual basis may be sanctioned, in accordance with art. 12bis par. 4 of the Regulations.
27. To this end, the Single Judge confirmed that the Claimant put the Respondent in default of
payment of the amounts sought, which had fallen due for more than 30 days, and granted
the Respondent with at least 10 days to cure such breach of contract.
28. Accordingly, the Single Judge also confirmed that the Respondent had delayed a due
payment without a prima facie contractual basis. It followed that the criteria enshrined in
art. 12bis of the Regulations were met in the case at hand.
29. The Single Judge further established that, by virtue of art. 12bis par. 4 of the Regulations
the Single Judge has competence to impose sanctions on the club. On account of the above,
and bearing in mind that this is the second offense by the Respondent within the last two
years, the Single Judge decided to impose a reprimand on the Respondent in accordance
with art. 12bis par. 4 lit. b) of the Regulations.
30. The Single Judge also highlighted that a repeated offence will be considered as an
aggravating circumstance and lead to more severe penalty, in accordance with art. 12bis
par. 6 of the Regulations.
pg. 7
REF. FPSD-19380
iii. Compliance with monetary decisions
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
36. 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.
37. 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.
38. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-19380
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Mohamed Saghraoui, is partially accepted.
2.
The Respondent, Arar Club, must pay to the Claimant the following amount(s):
- SAR 165,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of SAR 75,000 as from 2 September 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of SAR 18,000 as from 1 January 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of SAR 18,000 as from 1 February 2025 until the date
of effective payment;
- 5% interest p.a. over the amount of SAR 18,000 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of SAR 18,000 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of SAR 18,000 as from 1 May 2025 until the date of
effective payment.
3.
Any further claims of the Claimant are rejected.
4.
A reprimand is imposed on the Respondent.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
pg. 9
REF. FPSD-19380
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 10
REF. FPSD-19380
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
pg. 11