Labour Disputes
Texto da decisão
REF. FPSD-10473
Decision of the
Dispute Resolution Chamber
passed on 21 July 2023
regarding an employment-related dispute concerning
the player Herolind Shala
BY:
Jorge Gutiérrez (Costa Rica), Single Judge of the DRC
CLAIMANT:
Herolind Shala, Kosovo
Represented by Talat Emre Kocak
RESPONDENT:
Erzurumspor FK, Türkiye
pg. 2
REF. FPSD-10473
I. Facts of the case
1.
On 7 September 2021, the player from Kosovo, Herolind Shala (hereinafter: Claimant or
player) and the Turkish club, Erzurumspor FK (hereinafter: club or Respondent) concluded
an employment contract (hereinafter: contract) valid as from 7 September 2021 until 31
May 2023.
2.
According to the contract, the Respondent undertook to pay the Claimant the following
amounts as salaries during the season 2022/2023:
II. Proceedings before FIFA
3.
On 7 June 2023, 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
4.
In his claim, the Claimant requested payment of EUR 75,000, corresponding to the last
three instalments (March 2023 until May 2023) of the contract, plus “interests as of due date”.
5.
The player argued that the last three instalments of the contract (March 2023 until May
2023) remained outstanding.
b. Position of the Respondent
6.
In its reply, the Respondent acknowledged the debt of the claimed outstanding
remuneration towards the player, but held that the club is facing financial difficulties at the
moment caused by the earthquake in the region on 6 February 2023 and is therefore not
able to comply with its financial obligations.
7.
Moreover, the club rejected the player’s claim for “compensation” as groundless.
pg. 3
REF. FPSD-10473
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
he was competent to deal with the case at hand. In this respect, he took note that the
present matter was presented to FIFA on 7 June 2023 and submitted for decision on 21 July
2023. 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 (May 2023), he
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, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (May 2023 edition), and
considering that the present claim was lodged on 7 June 2023, the March 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. His 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.
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REF. FPSD-10473
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 matters concerns a claim of a player for
outstanding remuneration.
14. In this context, the Single Judge acknowledged that his task was to decide if the player is
entitled to the claimed amounts of if there was a valid reason for the club to not comply
with the contract.
15. The Single Judge noted that according to the player, the club failed to remit the amount of
EUR 75,000, corresponding to last three instalments of the contract.
16. Furthermore, the Single Judge took notice that the Respondent acknowledged the debt of
the outstanding remuneration towards the player, but held that the club is facing financial
difficulties at the moment caused by the earthquake in the region on 6 February 2023 and
is therefore not able to comply with its financial obligations.
17. In this regard, the Single Judge wished to emphasize 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. The argument that the club is facing financial
difficulties does not exempt the club from paying the amounts agreed upon in the contract.
Therefore, the Single Judge rejected the club’s argument.
ii. Consequences
18. The Single Judge observed that the financial obligations deemed as outstanding in the
present case correspond to the three last instalments under the contract.
19. 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 amounts
claimed as outstanding under the contract, in total EUR 75,000, as detailed above.
20. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Single Judge in this regard, the latter decided to award the Claimant interest at the
rate of 5% p.a. on the outstanding amounts as from the respective due dates until the date
of effective payment.
pg. 5
REF. FPSD-10473
iii. Compliance with monetary decisions
21. 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.
22. 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.
23. 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.
24. 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.
25. 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
26. 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.
27. 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.
28. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 6
REF. FPSD-10473
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Herolind Shala, is partially accepted.
2.
The Respondent, Erzurumspor FK, must pay to the Claimant the following amount(s):
- EUR 25,000 as outstanding remuneration plus 5% interest p.a. as from 1 April 2023 until
the date of effective payment;
- EUR 25,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2023 until
the date of effective payment;
- EUR 25,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023 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. 7
REF. FPSD-10473
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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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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