Labour Disputes
Texto da decisão
REF. FPSD-18197
Decision of the
Dispute Resolution Chamber
passed on 31 March 2025
regarding an employment-related dispute concerning the player Sekou Sidibe
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Sekou Sidibe, Côte d'Ivoire
Represented by Studio Civale
RESPONDENT:
U Craiova 1948 SA, Romania
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REF. FPSD-18197
I. Facts of the case
1.
On 15 July 2021, the Ivorian player, Sekou Sidibe (hereinafter: the Player or the Claimant),
and the Romanian club, U Craiova 1948 SA (hereinafter: the Club or the Respondent) entered
into an employment contract (hereinafter: the Contract) valid as from 15 July 2021 until 30
June 2023, later extended to 30 June 2025.
2.
On 9 December 2024, the Claimant and the Respondent concluded mutual termination
agreement of the employment relationship (hereinafter: the Termination Agreement).
3.
In accordance with the Termination Agreement, the Respondent undertook to pay to the
Claimant EUR 30,000 as follows:
-
EUR 10,000 payable on 20 December 2024;
EUR 20,000 payable on 31 January 2025.
4.
On 29 December 2024, the Claimant put the Respondent in default of payment of EUR
10,000 setting a 10-day time limit in order to remedy the default.
5.
On 6 February 2025, the Claimant sent a second default notice to the Respondent for the
amount of EUR 30,000 setting a 5-day time limit in order to remedy the default.
II. Proceedings before FIFA
6.
On 12 February 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
7.
The Claimant alleged that the Respondent failed to fulfil its financial obligations towards
him in accordance with the Termination Agreement.
8.
The Claimant’s requests for relief, were the following:
“For all the above reasons and for those which may be further added during this proceeding,
the Claimant respectfully requests the following:
a) Order the Respondent to pay the Claimant the overdue NET amount of EUR 30,000;
b) Order the Club to pay interests in favour of the Player at rate of 5% per year on each of the
above amounts due to the Player, calculated as follows:
- on the amount of EUR 10,000 interest starting from 21 December 2024;
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REF. FPSD-18197
- on the amount of EUR 20,000 interest starting from 1 February 2025.”
b. Reply of the Respondent
9.
Despite of being invited to do so, the Respondent failed to respond to the claim.
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REF. FPSD-18197
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 12 February 2025 and
submitted for decision on 31 March 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), the Single Judge is competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between an
Ivorian player and a Romanian club.
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.
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REF. FPSD-18197
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 Claimant alleged the Respondent failed to remit the payments as per the Termination
Agreement.
16. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
17. The Single Judge first noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Termination Agreement
concluded between the parties.
18. Nonetheless, the Single Judge also noted that the claim remained uncontested by the
Respondent, and therefore underscored that the decision will be made based on the
arguments and evidence on file (cf. art. 21 par. 1 of the Procedural Rules).
19. Thus, the Single Judge concluded that the Respondent failed to present any evidence of
compliance with the Termination Agreement.
20. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the Termination Agreement concluded between the parties, namely EUR 30,000.
21. In addition, and taking into consideration the Claimant’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 of the aforementioned amount as follows:
- 5% interest p.a. over the amount of EUR 10,000 as from 21 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 20,000 as from 1 February 2025 until the date
of effective payment.
ii. Compliance with monetary decisions
22. 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
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REF. FPSD-18197
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
23. 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.
24. 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.
25. 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.
26. 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
27. 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.
28. 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.
29. 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-18197
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sekou Sidibe, is partially accepted.
2.
The Respondent, U Craiova 1948 SA, must pay to the Claimant the following amount:
- EUR 30,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 10,000 as from 21 December 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of EUR 20,000 as from 1 February 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:
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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REF. FPSD-18197
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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