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 29 November 2013, in the following composition: Geoff Thompson (England), Chairman Alejandro Marón (Argentina), member Taku Nomiya (Japan), member Mohamed S. Al-Saikhan (Saudi Arabia), member Johan van Gaalen (South Africa), member Carlos González Puche (Colombia), member John Bramhall (England), member on the claim presented by the player, Player J, from country F as Claimant against the club, Club P, from country G as Respondent regarding an employment-related dispute arisen 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 29 November 2013, in the following composition: Geoff Thompson (England), Chairman Alejandro Marón (Argentina), member Taku Nomiya (Japan), member Mohamed S. Al-Saikhan (Saudi Arabia), member Johan van Gaalen (South Africa), member Carlos González Puche (Colombia), member John Bramhall (England), member on the claim presented by the player, Player J, from country F as Claimant against the club, Club P, from country G as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 23 January 2012, Player J, from country F (hereinafter: Claimant) and the Club P, from country G (hereinafter: Respondent) signed an employment contract valid as from the day of signature until 30 June 2012 (hereinafter: contract). 2. In accordance with the contract, the Claimant was entitled to receive inter alia the amount of EUR 35,560 in six instalments as from January 2012 until June 2012; the first instalment of EUR 10,000 falling due on 23 January 2012. 3. On 18 December 2012, the Claimant put the Respondent in default of payment of the amount of EUR 35,560. 4. This default notice having remained unanswered, on 18 February 2013, the Claimant lodged a claim against the Respondent in front of FIFA asking to be awarded payment of the aforementioned amount of EUR 35,560 plus interest at 5% p.a. as of 18 December 2012. 5. In addition, the Claimant asks to be awarded the amount of EUR 10,000 as compensation for frivolous defence as well as the amount of EUR 10,000 as compensation for moral damages. 6. Furthermore, the Claimant asks that the Respondent be ordered to remit the relevant salary account statements and social contribution documents related thereto. 7. The Respondent, for its part, maintains that the first instalment of EUR 10,000, which fell due with the signature of the contract, was paid to the Claimant by means of a cheque. 8. At the time of its reply to the claim, the Respondent indicated that it was waiting for the relevant documents to be issued by its bank. At the same time it reserved its right to present these documents once they were received from the bank. No further documents, however, were ultimately presented by the Respondent. 9. The Respondent admits that it owes the amount of EUR 25,560 to the Claimant and rejects any further claim lodged by the latter. II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 18 February 2013. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 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 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 country F player and a country G club. 3. In this respect, the Chamber was eager to emphasize that contrary to the information contained in FIFA’s letter dated 22 November 2013 by means of which the parties were informed of the composition of the Chamber, the member Mr G and the member Mr M refrained from participating in the deliberations in the case at hand, due to the fact that the member Mr G has the same nationality as the Respondent and that, in order to comply with the prerequisite of equal representation of club and player representatives, also the member Mr M refrained from participating. 4. 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 (edition 2012), and considering that the present claim was lodged on 18 February 2013, the 2012 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 5. 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 started by acknowledging the above-mentioned facts as well as the arguments and the documentation submitted by the parties. The Chamber, however, 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. 6. The DRC acknowledged that the Claimant and the Respondent had concluded an employment contract valid as of 23 January 2012 until 30 June 2012. The financial terms of the agreement provided inter alia that the Respondent remunerate the Claimant EUR 35,560 payable in six months instalments: the first being of EUR 10,000 payable on 23 January 2012, and thereafter five monthly instalments of EUR 5,112 each until 30 June 2012. 7. The Chamber then observed that the Claimant lodged a claim in front of FIFA against the Respondent seeking payment of the amount of EUR 35,560, indicating that the Claimant had never received any payment from the Respondent. 8. Subsequently, the Chamber noted that the Respondent, in its defence, disputed the amount claimed, stating a cheque for EUR 10,000 had been paid. It did not dispute, however, that the monthly instalments of EUR 5,112 from February until June 2012 had not been paid. 9. In this context, the Chamber recalled the basic principle of the burden of proof, as stipulated in art. 12 par. 3 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. 10. The Chamber noted that, although having been invited to do so, the Respondent did not provide any documentary evidence in support of its claim. 11. Consequently, the Chamber considered that the Respondent had not sufficiently substantiated its defence, as it did not present any conclusive documentary evidence which could corroborate that certain amounts should be deducted from the outstanding salaries claimed. 12. In view of all of the above and, in particular, taking into account that the Respondent did not contest that the remaining relevant salaries had remained unpaid, the Chamber decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent must fulfil its contractual obligations towards the Claimant and is to be held liable to pay the Claimant the total amount of EUR 35,560. 13. In continuation, taking into account the Claimant’s request for interest and in accordance with its constant practice, the Chamber decided that the Claimant is entitled to receive a 5% interest p.a. of the total amount of EUR 35,560, due from 18 December 2012 until the date of effective payment. 14. The Chamber concluded its deliberations in the present matter by rejecting any further claim lodged by the Claimant. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player J, is partially accepted. 2. The Respondent, Club P, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount EUR 35,560 plus interest at the rate of 5% p.a. applicable as of 18 December 2012 until the date of effective payment. 3. In the event that the amount plus interest due to the Claimant is not paid by the Respondent 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. Any further request filed by the Claimant is rejected. 5. 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 article 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: Jérôme Valcke Secretary General Encl. CAS Directives