DRC Overdue Payables
Texto da decisão
REF. FPSD-16986
Decision of the
Dispute Resolution Chamber
passed on 15 January 2025
regarding an employment-related dispute concerning the
player Bojan Saranov
BY:
Sihon GAUCI (Malta)
CLAIMANT:
Bojan Saranov, Serbia
Represented by Hrvoje Raic
RESPONDENT:
PAS Lamia 1964 FC, Greece
pg. 2
REF. FPSD-16986
I. Facts of the case
1.
On 13 July 2022, the Serbian player Bojan Saranov (hereinafter, the Claimant or the Player)
and the Greek club PAS Lamia 1964 FC (hereinafter, the Respondent or the Club) concluded
an employment contract (hereinafter, the Contract) valid as from 13 July 2022 until 30 June
2024.
2.
On 5 April 2024, the Player and the Club (hereinafter, jointly referred to as the Parties)
concluded the so-called “Termination of Contract and Settlement of Debt” (hereinafter, the
Termination Agreement), in accordance with which:
“2. Today, with the present agreement, the contractual parties agree to terminate prematurely
the aforesaid contract of the PLAYER with mutual consent and generally to terminate their
employment relationship, subject to the terms and conditions of this agreement”.
3.
Pursuant to clause 3 of the Termination Agreement, the Club undertook to pay the Player
the following amounts:
a) Net 11,000 € (eleven thousand euro) as outstanding remuneration for the period up to 28
February 2023, which is also mentioned in the payment agreement dated 31.3.2023 and
which is payable in 2 instalments as follows:
- Net 5.500,00 € on 30/04/2023,
- Net 5.500,00 € on 31/05/2023.
b) Compensation for premature termination of the employment contract of net 108.000,00 €
(one hundred and eight thousand euro) payable in 24 equal monthly instalments of net
4,500.00 euros each, payable (each instalment) on the last day of each subsequent month
stating with the first payment due on 30/04/2023, and
c) Additional compensation of net 60,000.00 € (sixty thousand euro), payable if the PLAYER
does not sign a new contract and will not be registered in another club in Greece or abroad
by the end of the upcoming summer transfer season, i.e. if the Player is not registered with
another football club until 30/09/2023, all in 12 instalments as follows:
- Net 5,000.00 € by no later than 30/09/2023, and
- Net 5,000.00 € by no later than 30/10/2023, and
- Net 5,000.00 € by no later than 30/11/2023, and
- Net 5,000.00 € by no later than 30/12/2023, and
- Net 5,000.00 € by no later than 30/1/2024, and
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REF. FPSD-16986
- Net 5,000.00 € by no later than 28/2/2024, and
- Net 5,000.00 € by no later than 30/04/2024, and
- Net 5,000.00 € by no later than 30/06/2024, and
- Net 5,000.00 € by no later than 30/08/2024, and
- Net 5,000.00 € by no later than 30/10/2024, and
- Net 5,000.00 € by no later than 30/11/2024, and
- Net 5,000.00 € by no later than 30/12/2024, and
d) All applicable taxes and surcharges on top and above the sums stipulated in this agreement
and all applicable taxes and surcharges related to all sums arising from the employment of
the PLAYER with the CLUB, if still due”.
4.
In accordance with Clause 6 of the Termination Agreement,
“In case of delay of payment of any three monthly instalments as defined in article 3 above due
to any reason, then the CLUB shall also pay the PLAYER, on top of the amounts mentioned
therein, a penalty of net 30,000.00 €, which the parties consider fair and reasonable. In such
case, the PLAYER shall be obliged to send to the CLUB a written notice granting it 7 days to
comply with its obligation and to pay the three instalments which are due, as a condition for the
payment of said penalty”.
5.
On 12 February 2024, the Player lodged a claim before the Football Tribunal, arguing that
the monthly instalments from September 2023 to January 2024 of the Termination
Agreement remained unpaid by the Club. Accordingly, the Player claimed to be entitled to
EUR 25,000 net as outstanding amount and to EUR 30,000 net as contractual penalty.
6.
On 18 April 2024, the Dispute Resolution Chamber passed a decision on the case FPSD13672, the grounds of which were notified to the Parties on 30 April 2024, in, inter alia, the
following terms:
1. The claim of the Claimant (…) is partially accepted.
2. The Respondent, (…), must pay to the Claimant the following amount(s):
EUR 25,000 net as outstanding amount plus interest p.a. as follows:
- 5% interest p.a. over the amount EUR 6,000 of as from 1 December 2023 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 5,000 of as from 31 December 2023 until the date
of effective payment;
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REF. FPSD-16986
- 5% interest p.a. over the amount EUR 4,500 of as from 1 January 2024 until the date of
effective payment;
- 5% interest p.a. over the amount EUR 5,000 of as from 31 January 2024 until the date of
effective payment; and
- 5% interest p.a. over the amount EUR 4,500 of as from 1 February 2024 until the date of
effective payment;
EUR 6,368.72 net as contractual penalty.
3. Any further claims of the Claimant are rejected.
4. (…)
7.
On 16 August 2024, the Player put the Club in default and granted it a deadline of 10 days
to pay EUR 42,000 net corresponding to the following instalments of the Termination
Agreement:
- EUR 5,000 net due on 28 February 2024;
- EUR 4,500 net due on 29 February 2024;
- EUR 4,500 net due on 31 March 2024;
- EUR 9,500 net due on 30 April 2024;
- EUR 4,500 net due on 31 May 2024;
- EUR 9,500 net due on 30 June 2024; and
- EUR 4,500 net due on 31 July 2024.
II. Proceedings before FIFA
8.
On 7 November 2024, the Player filed the claim at hand before FIFA. A summary of the
Parties’ position is detailed below.
a. Position of the Player
9.
According to the Player, the Club has failed to remit payment of several monthly
instalments under the Termination Agreement. Accordingly, and based on the legal
principle of pacta sunt servanda, the Player claimed being entitled to EUR 65,500 net per
the following instalments:
- EUR 5,000 net on 28 February 2024;
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REF. FPSD-16986
- EUR 4,500 net on 29 February 2024;
- EUR 4,500 net on 31 March 2024;
- EUR 9,500 net on 30 April 2024;
- EUR 4,500 net on 31 May 2024;
- EUR 9,500 net on 30 June 2024;
- EUR 4,500 net on 31 July 2024;
- EUR 5,000 net on 30 August 2024;
- EUR 4,500 net on 31 August 2024;
- EUR 4,500 net on 30 September 2024; and
- EUR 9,500 net on 30 October 2024.
10. The Player requested the following relief:
“In view of the foregoing, and while entirely reserving all the rights of the Player arising from the
Termination Agreement in question, including but not limited to the right to claim the remaining
sums that are not due yet and the Penalty from Termination Agreement in the case that CAS
would not awarded it, and given that the Respondent still has not paid the requested amounts
to the Claimant, the honourable chamber is respectfully requested:
I. To condemn the Respondent to pay in favour of the Claimant outstanding remuneration of
net EUR 65,000, which mature as follows:
- Net EUR 5,000, on 28/2/2024, and
- Net EUR 4,500, on 29/2/2024, and
- Net EUR 4,500, on 31/3/2024, and
- Net EUR 9,500, on 30/4/2024, and
- Net EUR 4,500, on 31/5/2024, and
- Net EUR 9,500, on 30/6/2024, and
- Net EUR 4,500, on 31/7/2024, and
- Net EUR 5,000, on 30/8/2024, and
- Net EUR 4,500, on 31/8/2024, and
- Net EUR 4,500, on 30/9/2024, and
- Net EUR 9,500, on 30/10/2024.
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REF. FPSD-16986
II. To condemn the Respondent to provide the Claimant with the corresponding tax certificates
concerning the payment of all the above specified net amounts alongside all the net
amounts already paid to the Claimant during the term of the Employment contract, within
45 days as from the date of notification of the decision in the matter of the reference to the
Respondent; and
III. To condemn the Respondent to pay in favour of the Claimant default interest of 5% per year
on the aforementioned amounts starting from the respective date of maturity until the
effective date of the payment, within 45 days as from the date of notification of the decision
in the matter of the reference to the Respondent”.
b. Position of the Club
11. In its reply to the claim, the Club confirm being in default with the Player for the amount of
EUR 65,500, and that it has always had the intention to duly fulfil its obligations towards
the Player.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. 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 7 November 2024 and
submitted for decision on 15 January 2025. Taking into account the wording of art. 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.
13. 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 January
2025 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), she is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Serbian player
and a Greek club.
14. 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 (January 2025 edition), the January 2025 edition of said Regulations is
applicable to the matter at hand as to the substance.
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REF. FPSD-16986
b. Burden of proof
15. 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
16. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, she 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
17. 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 overdue payables arising from the
Termination Agreement concluded between the Parties.
18. In this regard, the Single Judge noted that, according to the Player, the Club has failed to
remit EUR 65,500 net corresponding to several of the instalments under the Termination
Agreement, accrued between February and October 2024.
19. The Single Judge also noted that, for its part, the Club confirmed being in default for the
aforementioned sum.
20. In view of the foregoing, considering that the Club did not oppose to the Player’s claim, and
bearing in mind the legal principle of pacta sunt servanda, which in essence means that
agreements must be respected by the parties in good faith, the Single Judge concluded that
the Club is held liable to pay the Player the outstanding amounts deriving from the
Termination Agreement concluded between the Parties, namely, EUR 65,500 net.
21. 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 Claimant
interest at the rate of 5% per annum on the outstanding amounts as from its respective due
dates until the date of effective payment.
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REF. FPSD-16986
22. Lastly, the Single Judged decided to reject the Player’s request for the issuance of the
corresponding tax certificates by the Club, given that there is no provision in the
Termination Agreement by which the latter undertook the obligation thereof.
ii. Art. 12bis of the Regulations
23. In continuation, the Single Judge referred to art. 12bis of the Regulations, which stipulates
that any club found to have delayed a payment for more than 30 days without prima facie
contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations.
24. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due more than 30 days before, and granted the
Club a 10-day deadline to cure such breach of contract.
25. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facie contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
26. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations
she has competence to impose sanctions on the Club. In addition, she highlighted that,
pursuant to art. 12bis par. 6 of the Regulations, a repeated offence will be considered as
an aggravating circumstance and lead to a more severe penalty.
27. On account of the above, and considering that the Club is a repeat offender within the
meaning of the aforementioned provision, the Single Judge decided to impose a reprimand
on the Club in accordance with art. 12bis par. 4 lit. b) of the Regulations.
iii. Compliance with monetary decisions
28. 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.
29. 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.
30. 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
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REF. FPSD-16986
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.
31. 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.
32. 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
33. 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, she decided that no procedural costs were to be imposed on
the Parties.
34. 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.
35. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the Parties.
pg. 10
REF. FPSD-16986
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Bojan Saranov, is partially accepted.
2.
The Respondent, PAS Lamia 1964 FC, must pay to the Claimant the following amount(s):
EUR 65,500 net as outstanding amount plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 5,000 net as from 29 February 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 March 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 9,500 net as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 9,500 net as from 1 July 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 August 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 5,000 net as from 31 August 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 September 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of EUR 4,500 net as from 1 October 2024 until the date
of effective payment; and
- 5% interest p.a. over the amount of EUR 9,500 net as from 31 October 2024 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.
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REF. FPSD-16986
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.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-16986
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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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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