F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 31 July 2013, in the following composition: Geoff Thompson (England), Chairman Ivan Gazidis (England), member Joaquim Evangelista (Portugal), member on the claim presented by the player, Player B, from country C as “Claimant” against the club, Club M, from country T as “Respondent” regarding an employment-related dispute between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 31 July 2013, in the following composition: Geoff Thompson (England), Chairman Ivan Gazidis (England), member Joaquim Evangelista (Portugal), member on the claim presented by the player, Player B, from country C as “Claimant” against the club, Club M, from country T as “Respondent” regarding an employment-related dispute between the parties. I. Facts of the case 1. On 1 February 2011, Player B, from country C (hereinafter: player or Claimant) and Club M, from country T (hereinafter: club or Respondent) signed an employment contract valid as from its signature date until 30 June 2011 (hereinafter: contract). 2. According to the contract, the club agreed to pay the player, inter alia, the amount of EUR 300,000 via four equal monthly installments of EUR 75,000 each as from February 2011 until May 2011. 3. According to art. 1.5 of the contract, the player’s salaries have to be paid by the club on the last day of every month. 4. On 16 February 2012, the player lodged a claim before FIFA against the club requesting the payment of the total amount of EUR 150,000 corresponding to two outstanding instalments of EUR 75,000 each related to the months of April 2011 and May 2011. 5. Additionally, the player requested the imposition of 5% interest p.a. on the two aforementioned instalments of EUR 75,000, to be applied as of the date following the due date of each outstanding instalment. 6. In spite of having been invited to do so, the club did not present any reply or response to the player’s claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 16 February 2012. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012) the Dispute Resolution Chamber is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player from country C and a club from country T. 3. Furthermore, the Chamber 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 on the Status and Transfer of Players (editions 2012 and 2010), and considering that the present claim was lodged on 16 February 2012, the 2010 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber acknowledged that, on 1 February 2011, the Claimant and the Respondent signed an employment contract valid as from 1 February 2011 until 30 June 2011, a copy of which was presented by the Claimant along with his statement of claim. In accordance with the employment contract, the player was, inter alia, entitled to receive the total amount of EUR 300,000, payable in four equal monthly instalments of EUR 75,000 each, on the last day of every month, as from February 2011 until May 2011. 5. The members of the Chamber noted that the Claimant claims that the Respondent failed to pay his remuneration in the total amount of EUR 150,000, which amount corresponds to the two monthly payments of EUR 75,000 each of the months of April 2011 and May 2011. Consequently, the Claimant asks to be awarded payment of outstanding remuneration of EUR 150,000 plus interest of 5% p.a. to be applied as of the date following the due date of each outstanding instalment. 6. The Respondent, for its part, failed to present its response to the claim of the player, in spite of having been invited to do so. In this way, so the Chamber, the Respondent renounced its right to defence and, thus, accepted the allegations of the Claimant. 7. Furthermore, as a consequence of the aforementioned consideration, the Chamber concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 8. As stated above, in accordance with the employment contract presented by the Claimant, the Respondent was obliged to pay to the Claimant the total amount of EUR 300,000 in four equal monthly instalments of EUR 75,000 each, as from February 2011 until May 2011. 9. Taking into account the documentation presented by the Claimant in support of his petition, the Chamber concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 10. On account of the aforementioned considerations, the Chamber established that the Respondent, Club M, failed to remit the Claimant’s monthly remuneration of April 2011 and May 2011 in accordance with the employment contract, totalling EUR 150,000. 11. Therefore, the members of the Chamber decided that the Respondent, Club M, must fulfil its obligations as per the contract in accordance with the general legal principle of pacta sunt servanda and, consequently, is liable to pay to the Claimant, Player B, outstanding remuneration in the uncontested amount of EUR 150,000. 12. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the Chamber decided that the Respondent must pay to the Claimant interest of 5% p.a. on each of the outstanding monthly instalments as of the day following the day on which such remuneration had fallen due. 13. The Chamber concluded its deliberations by deciding that the Respondent, Club M, must pay the amount of EUR 150,000 to the Claimant, Player B, plus 5% interest p.a. applicable as of the day following the day on which each of the monthly payments included in the global amount of EUR 150,000 had fallen due and, hence, that the claim of the Claimant, Player B, is accepted. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player B, is accepted. 2. The Respondent, Respondent, Club M, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 150,000, plus interest, as follows: a) 5% interest p.a. calculated as of 1 May 2011 over the amount of EUR 75,000; b) 5% interest p.a. calculated as of 1 June 2011 over the amount of EUR 75,000. 3. In the event that the aforementioned amount plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Dispute Resolution Chamber: Markus Kattner Deputy General Secretary Enc.: CAS Directives