Labour Disputes
Texto da decisão
REF. FPSD-15636
Decision of the
Dispute Resolution Chamber
passed on 31 October 2024
regarding an employment-related dispute concerning
the player Facundo Leonel Viggiano
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Mario FLORES CHEMOR (Mexico), Member
Gonzalo DE MEDINILLA (Spain), Member
CLAIMANT:
Facundo Leonel Viggiano, Argentina
Represented by Fernando Manuel Soria
RESPONDENT:
Piano Della Lente, Italy
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REF. FPSD-15636
I. Facts of the case
1.
On 22 July 2023, the Argentinian player Facundo Leonel Viggiano (hereinafter, the Claimant
or the Player), and the Italian club Piano Della Lente (hereinafter, the Respondent or the
Club) concluded an employment contract valid for the season 2023/2024.
2.
Pursuant to the Contract, the Club undertook to pay to the Player (hereinafter, jointly
referred to as the Parties) a reimbursement of EUR 10,800 in eight monthly instalments of
EUR 1,300 each, as well as a sign-on fee of EUR 400, payable at the signature of the
Contract.
3.
Furthermore, the Club also undertook to pay to the Player the following bonuses:
- EUR 500 for 20 appearances;
- EUR 500 for 10 goals;
- EUR 500 for 15 goals; and
- EUR 500 for playoff success.
4.
On 25 July 2024, the Player put the Club in default requesting the payment of EUR 2,000
net as bonuses under the Contract. The Player granted the Club a deadline of ten days to
fulfill its financial obligations.
II. Proceedings before FIFA
5.
On 19 August 2024 the Claimant filed the claim at hand before FIFA. A summary of the
Parties’ position is detailed below.
a. Position of the Claimant
6.
The Player claimed being entitled to EUR 2,000 corresponding to appearances and goals
bonuses agreed in the Contract, arguing that “the conditions for the payment of the full
amount of the bonuses have been met”.
7.
The Player requested the following relief:
i. To accept this Claim against the Respondent.
To condemn the Respondent to pay the Player the outstanding bonuses due in the amount of
EUR 2,000 net.
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REF. FPSD-15636
ii. To condemn the Respondent to pay the annual interest in the amount of 5 (five) per cent over
the amounts noted above in line with our comments made in section VIII above.
iii. Ban the Club from registering any new players, either nationally or internationally, for two
registration periods under article 12bis, paragraph 2 and 4 of the FIFA RSTP.
iv. As a consequence of the above, to condemn the Respondent to pay all expenses and costs of
the present proceedings, if any.
b. Position of the Respondent
8.
Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
First of all, the Dispute Resolution Chamber (hereinafter, the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 19 August 2024 and submitted for decision
on 31 October 2024. 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.
10. Furthermore, the Chamber 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 June
2024 edition of the Regulations on the Status and Transfer of Players (hereinafter, the
Regulations), the Chamber is competent to deal with the matter at stake, which concerns
an employment-related dispute with an international dimension between an Argentinian
player and am Italian club.
11. Subsequently, the DRC analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1
and 2 of the Regulations (June 2024 edition), and considering that the present claim was
lodged on 19 August 2024, the June 2024 edition of the Regulations is applicable to the
matter at hand as to the substance.
b. Burden of proof
12. The Chamber 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
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REF. FPSD-15636
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber 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
13. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
14. The Chamber then moved to the substance of the matter, and took note of the fact that it
concerned a claim for outstanding remuneration.
15. In this respect, the DRC noted that the Player claimed being entitled to EUR 2,000 net, which
corresponded to several bonuses under the Contract. In particular, the Chamber noted
that the Player sustained having participated in 29 official matches with the Respondent,
and to have scored 15 goals. Furthermore, the Player argued that the Club had won the
playoff and had maintained the category.
16. The DRC also noted that the claim remained uncontested by the Club, and thus a decision
will be based on the file (cf. art. 21 par. 1 of the Procedural Rules).
17. In this context, the Chamber acknowledged that its task was to assess, based on the
evidence on file, whether the Player was indeed entitled to the bonuses claimed and, if so
whether the claimed amounts had in fact remained unpaid by the Club.
18. The DRC first noted that, pursuant to art. 13 par. 5 of the Procedural Rules, the Claimant
bore the burden of proving that he indeed participated and scored the goals as stated in
his claim.
19. With the foregoing in mind, the DRC observed that, in his claim, the Player provided a
detailed breakdown of the various official matches in which he allegedly participated and
scored goals during the relevant season.
20. The majority of the Chamber, however, considered that, from the list of matches detailed
by the Claimant in his claim, it was not possible to confirm his entitlement to the amounts
claimed, as the Player failed to provide actual evidence of the aforementioned official
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REF. FPSD-15636
matches and goals. In other words, the DRC, by majority, concluded that the facts described
by the Player were not backed by any documentary evidence.
21. On account of the foregoing, the Chamber, by majority, decided that the claim of the Player
shall be rejected.
d. Costs
22. The Chamber 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.
23. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
24. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the Parties.
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REF. FPSD-15636
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Facundo Leonel Viggiano, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-15636
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
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