Dispute Resolution Chamber
Texto da decisão
REF 20-01439
Decision of the
Dispute Resolution Chamber
passed on 19 May 2021
regarding an employment-related dispute concerning the player Sekou Sanogo
BY:
Johan van Gaalen (South Africa), DRC Judge
CLAIMANT:
Sekou Sanogo, Côte d'Ivoire
RESPONDENT:
Ittihad FC, Saudi Arabia
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REF 20-01439
I.
1.
Facts
On 26 August 2020 and after a procedure before FIFA that was subsequently withdrawn, the parties
concluded a settlement agreement stipulating the following:
“CLAUSE 1 - SETTLEMENT PAYMENT
1.1.The First Party shall make payment of an amount of USD 240,470.66 (two hundred and forty
thousand four hundred and seventy US Dollars and sixty six Cents) by no later than 10 September
2020 (value date on the account of the second party) to the bank account of the second party already
known to the first Party.
(…)
CLAUSE 2 - FAILURE TO PAY
2.1. In the event that the First Party fails to make the payment as provided in this Agreement by 10
September 2020, the First Party shall be obliged to pay an additional contractual penalty payment
of USD 30,000.00 net (thirty thousand US Dollars).
2 2 In the event of non-payment or late payment, the second party is entitled to request FIFA directly
to continue the proceedings. In this case, the first party further agrees not to oppose the claims
made by the second Party within the proceedings 20-00866 and also agrees that the contractual
penalty stipulated above may be additionally claimed by the Claimant within the proceedings of the
Dispute.
(…)
This settlement therefore constitutes an acknowledgement of debt in respect of the dispute for the
amount of USD 270,470.66 net (two hundred and seventy thousand four hundred and seventy US
Dollars and sixty six Cents) plus interest at 5 per cent from 11 September 2020.”
2.
On 08 October 2020, the Claimant lodged a claim before FIFA and requested the payment of the
amount of USD 160,470.66 plus 5% interest p.a. as from 11 September 2020.
3.
The Claimant acknowledged that it received the amount of USD 110,000 on 11 September 2020.
4.
Despite being invited to do so, the Respondent failed to reply to the claim.
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REF 20-01439
II. Considerations of the Dispute Resolution Chamber
1. First
of
all,
the
DRC
Judge
(hereinafter
also
referred
to
as Chamber or DRC) analysed whether it was competent to deal with the case at hand.
Taking into account the wording of art. 21 of the January 2021 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the
Procedural Rules is applicable to the matter at hand.
2. Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules
and emphasised that, in accordance with art. 24 par. 1 in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players, the DRC Judge is
competent to deal with matters which concern employment-related disputes with an
international dimension between players and clubs, such as the present one.
3. In continuation, the DRC Judge analysed which edition of the Regulations of the Status
and Transfer of Players should be applicable to the present matter. In this respect, the
DRC Judge confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on
the Status and Transfer of Players, and considering the date when the claim was lodged,
the June 2020 edition of the aforementioned regulations (hereinafter: the Regulations)
is applicable to the matter at hand.
4. With the above having been established, the DRC Judge entered into the substance of
the matter. In doing so, it started to acknowledge the facts of the case as well as the
documents contained in the file. However, the DRC Judge emphasized that in the
following considerations it will refer only to facts, arguments and documentary evidence
which it considered pertinent for the assessment of the matter at hand.
5. In this respect, the DRC Judge noted that, on 26 August 2020 and after a procedure
before FIFA that was subsequently withdrawn, the parties concluded a settlement
agreement stipulating, inter alia, that the Respondent shall pay to the Claimant the
amount of USD 240,470.66 by no later than 10 September 2020 and that, in the event if
failed to pay said amount, it shall also pay an additional contractual penalty payment of
USD 30,000.00 net
6. Subsequently, the DRC Judge noted that the Claimant lodged a claim before FIFA and
requested the payment of the amount of USD 160,470.66, arising from said agreement.
The DRC Judge also took into account that, according to the Claimant, the Respondent
partially fulfilled the terms of the settlement agreement, as it paid the amount of USD
110,000 on 11 September 2020 (i.e. 240,470.66-110,000 = 130,470.66 as balance). Hence,
the DRC Judge understood that the Claimant requested the payment of the remaining
part of the principal amount, plus the penalty fee of USD 30,000 (i.e. 130,470.66 + 30,000
= 160,470.66).
7. Moreover, the DRC Judge noted that the Respondent failed to present its response to the
claim of the Claimant, in spite of having been invited to do so. By not presenting its
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REF 20-01439
position to the claim, the DRC Judge was of the opinion that the Respondent renounced
its right of defence and, thus, accepted the allegations of the Claimant.
8. Consequently, the DRC Judge established that the principal amount of 130,470.66
remained outstanding.
9. As to the penalty fee of USD 30,000, the DRC Judge understood that the conditions for
its payment were duly fulfilled, in accordance with clause 2.1 of the settlement
agreement.
10. Therefore, in strict application of the principle of pacta sunt servanda, the DRC Judge
established that the Respondent has to pay to the Claimant, the outstanding amount of
USD 130,470.66 as outstanding remuneration, plus USD 30,000 corresponding to the
agreed penalty fee.
11. Moreover, taking into account the request of the Claimant as well as the longstanding
jurisprudence in this regard, the DRC Judge decided to award 5% interest p.a. over the
principal outstanding amount as from the due date.
12. Furthermore, as a consequence of the aforementioned consideration, the DRC Judge
concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a
decision upon the basis of the documentation already on file; in other words, upon the
statements and documents presented by the Claimant.
13. In addition, taking into account the previous considerations, the DRC Judge referred to
par. 1 and 2 of art. 24bis 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.
14. In this regard, the DRC Judge pointed out 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
and for the maximum duration of three entire and consecutive registration periods.
15. Therefore, bearing in mind the above, the DRC Judge decided that, in the event that the
Respondent does not pay the amounts due to the Claimant within 45 days as from the
moment in which the Claimant, following the notification of the present decision,
communicates the relevant bank details to the Respondent, a ban from registering any
new players, either nationally or internationally, for the maximum duration of three
entire and consecutive registration periods shall become effective on the Respondent in
accordance with art. 24bis par. 2 and 4 of the Regulations.
16. Finally, the DRC 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. 24bis par. 3 of the Regulations.
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REF 20-01439
III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sekou Sanogo, is accepted.
2.
The Respondent, Ittihad FC, has to pay to the Claimant, the following amounts:
- USD 130,470.66 as outstanding remuneration, plus 5% interest p.a. as from 11
September 2020 until the date of effective payment;
- USD 30,000 as contractual penalty.
3.
The Claimant is directed to immediately and directly inform the Respondent of the
relevant bank account to which the Respondent must pay the due amount.
4.
The Respondent shall provide evidence of payment of the due amount in accordance with
this decision to [email protected], duly translated, if applicable, into one of the official
FIFA languages (English, French, German, Spanish).
5.
In the event that the amount due, plus interest as established above is not paid by the
Respondent within 45 days, as from the notification by the Claimant of the relevant
bank details to the Respondent, the following consequences shall arise:
1. The Respondent shall be banned from registering any new players, either nationally
or internationally, up until the due amount is paid and for the maximum duration
of three entire and consecutive registration periods. The aforementioned ban
mentioned will be lifted immediately and prior to its complete serving, once the
due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2. In the event that the payable amount as per in this decision is still not paid by the
end of the ban of three entire and consecutive registration periods, the present
matter shall be submitted, upon request, to the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF 20-01439
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 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 20 of the Procedural Rules).
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
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