DRC Overdue Payables
Texto da decisão
REF. FPSD-17871
Decision of the
Dispute Resolution Chamber
passed on 18 March 2025
regarding an employment-related dispute concerning the Player Vinni
Dugary Triboulet
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Vinni Dugary Triboulet, France
Represented by Iva Nikolova
RESPONDENT:
Beroe, Bulgaria
Represented by Juan de Dios Crespo Pérez
pg. 2
REF. FPSD-17871
I. Facts of the case
1.
On 25 October 2022, the French player, Vinni Dugary Triboulet (hereinafter: the Player or
the Claimant) and the Bulgarian club, Beroe (hereinafter: the Club or the Respondent) entered
into an employment contract (hereinafter: the Contract) valid as from 26 October 2022 to
10 June 2023.
2.
According to the Contract, the Player was entitled to a monthly net salary of BGN 5,869 or
EUR 3,000 payable on the 25th day of the following month and a “gross monthly amount of
rental housing to the extent of 480 BGN /four hundred and eighty Bulgarian Lev/, or net amount
220 EUR /two hundred and twenty thousand euro/.”
3.
On 18 April 2023, the Claimant and the Respondent concluded an “additional Agreement”
(hereinafter: the Agreement) according to which the Contract was extended until 10 June
2024.
4.
The Agreement read inter alia as follows:
“1. The term of the employment contract is extended until 10.06.2024.
2. The basic monthly salary of [the Claimant] changes as follows:
- from basic monthly gross salary BGN 6990 [a]fter taxes and insurances net
amount 5869,00 [...] or 3000 eur net [...].
- to basic monthly gross salary of BGN 8295 /in words: eight thousand ninety-five
BGN/, i.e. the BGN equivalent of BGN 7,043.00 /seven thousand and forty-three/
net or [EUR] 3,600.00 (three thousand and six hundred) net after deduction of
insurance and taxes and shall come in force on 11.06.2023.
3. For each goal from 1 to 5 in number, realized by [the Claimant] in an official
football match of the championship of the First Professional Football League,
season 2023/2024, [the Claimant] is paid an additional remuneration in the
amount of 100 euros net (one hundred euro), from 6 to 10 goals - 150 euros net
(one hundred and fifty) euros, after 11 scored goals - 200 euros net (two hundred
euros).
For each assist for a goal up to 5, realized by [the Claimant] in an official football
match of the championship of the championship of the First Professional Football
League, season 2023/2024, [the Claimant] is paid an additional gross
remuneration in the amount of 100 euros net (one hundred euros), from, 6 to 10
goals - 150 euros net (one hundred and fifty) euros, after 11 scored goals - 200
euros net (two hundred) euros.
pg. 3
REF. FPSD-17871
All other clauses remain unchanged.”
5.
On 26 January 2024, the Claimant put the Respondent in default and requested payment
for October, November, and December 2023, along with unpaid housing allowance, setting
a deadline of 12 February 2024.
6.
On 7 and 8 February 2024, the Respondent paid the Player BGN 22,427.83.
7.
On 3 June 2024, the Claimant put the Respondent in default and requested payment for
the March and April salaries, along with housing allowance (totaling BGN 14,951.66). The
Claimant requested that the amounts be paid “in short terms”.
8.
On 15 July 2024, the Claimant put the Respondent in default and requested payment for
the March, April, and May salaries, as well as 10 days of the June 2024 salary, along with
housing allowance (totaling BGN 24,918.49), setting a deadline of 26 July 2024.
9.
Reportedly, on 15 July 2024, the Respondent’s legal representative informed him that they
were ready to pay one salary the next day and the rest in two instalments. On 16 July 2024,
the Claimant replied that he did not accept the proposal.
10. On 16 July 2024, the Respondent paid the Player BGN 14,900.
II. Proceedings before FIFA
11. On 21 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
12. The Claimant argued that the Respondent failed to fulfil its financial obligations in
accordance with the Agreement.
13. The Claimant requested the following relief:
“1) To deal with this matter in an expedited manner pursuant to Art. 12bis RSTP.
2) To order [the Respondent] to pay [the Player] the amounts of BGN 10 318,49 plus
interest of 5% per annum until the date of effective full payment as follows:
a. BGN 51,66 remaining amount from salaries and housing allowance for April 2024,
with interest of 5% p.a. as from 25 May 2024;
b. BGN 7475,83 salary and housing allowance for 25 May 2024 with interest of 5%
p.a. as from 10 June 2024;
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REF. FPSD-17871
c. BGN 2347,00 salary for ten days of June 2024 with interest of 5% p.a. as from 10
June 2024;
d. BGN 144,00 housing allowance for 10 days of June 2024 with interest of 5% p.a. as
from 10 June 2024;
e. BGN 100 net started accruing with interest of 5% p.a. as from 30 April 2024;
f. BGN 200 net started accruing with interest of 5% p.a. as from 31 May 2024”
b. Position of the Respondent
14. The Respondent indicated the following:
“The club is willing to take the settlement, but due to internal financial constraints, the
payment will only be possible in June 2025. If this change of schedule is accepted, the
club is pleased to move forward with the proposal. Also please find attached our POA,
assigning our legal representatives. […]”.
pg. 5
REF. FPSD-17871
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Single Judge of the Dispute Resolution Chamber (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 21 January
2025 and submitted for decision on 18 March 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.
16. 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 (January 2025 edition), he is competent to deal with
the matter at stake, which concerns an employment-related dispute with an international
dimension between an French player and a Bulgarian club.
17. Moreover, 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 said regulations is applicable to the matter at
hand as to the substance.
b. Burden of proof
18. 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
19. The 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
pg. 6
REF. FPSD-17871
20. The Single Judge then moved to the substance of the matter and took note of the fact that
the Claimant requested payment of BGN 10,318.49 corresponding to the outstanding
remuneration as per the Contract and the Agreement.
21. In this context, the Single Judge also noted that neither party contested the non-payment
of the amounts claimed by the Claimant. Therefore, the Single Judge acknowledged that
his task was to determine, based on the arguments presented by the parties, whether the
Respondent had a valid justification for not having complied with its financial obligations.
22. The Single Judge then took note of the Respondent’s argumentation mentioning that it was
willing to pay the amount at a later date. In this respect, the Single Judge recalled that the
parties had agreed the due dates on the outstanding amounts, and that there was not a
valid reason to delay such payments.
23. 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 (i) BGN
10,018.49 as balance of April 2024 salary, May 2024 and 10 days’ of June 2024 salary; and
(ii) BGN 300 net as bonuses.
24. In addition, 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% p.a. on the outstanding amount as follows:
- On the amount of BGN 51,66 as from 26 May 2024 until the date of effective payment;
- On the amount of BGN 9,966.83 as from 11 June 2024 until the date of effective
payment;
- On the amount of BGN 100 net as from 1 May 2024 until the date of effective payment;
- On the amount of BGN 200 net as from 1 June 2024 until the date of effective payment.
ii. Art. 12bis of the Regulations
25. In continuation, the Single Judge 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.
26. 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.
pg. 7
REF. FPSD-17871
27. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
28. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations he
has competence to impose sanctions on the Club. On account of the above and bearing in
mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning on the Club in accordance with art. 12bis par. 4 lit. a of the
Regulations.
29. In this connection, the Chamber highlighted that a repeated offence will be considered as
an aggravating circumstance and lead to a more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
iii. Compliance with monetary decisions
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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REF. FPSD-17871
d. Costs
35. 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.
36. 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.
37. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 9
REF. FPSD-17871
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Vinni Dugary Triboulet, is partially accepted.
2.
The Respondent, Beroe, must pay to the Claimant the following amount(s):
- BGN 51,66 as outstanding remuneration plus 5% interest p.a. as from 26 May 2024
until the date of effective payment;
- BGN 9,966.83 as outstanding remuneration plus 5% interest p.a. as from 11 June
2024 until the date of effective payment;
- BGN 100 net as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment;
- BGN 200 net as outstanding remuneration plus 5% interest p.a. as from 1 June 2024
until the date of effective payment;
3.
Any further claims of the Claimant are rejected.
4.
A warning 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. 10
REF. FPSD-17871
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-17871
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
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. 12