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 (DRC) judge passed in Zurich, Switzerland, on 13 December 2013, by Theo Van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player S, from country H as Claimant against the club, Club P, from country C 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 (DRC) judge passed in Zurich, Switzerland, on 13 December 2013, by Theo Van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player S, from country H as Claimant against the club, Club P, from country C as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 1 July 2011, Club P, from country C (hereinafter: the Respondent or the club), and Player S, from country H (hereinafter: the Claimant or the player), concluded an employment contract (hereinafter: the contract) valid as from the date of signature until 31 May 2013. 2. According to the contract, the Claimant was, inter alia, to be remunerated by the Respondent as follows: a) The total amount of EUR 45,000 for the season 2011-2012, payable in 10 monthly installments of EUR 4,050 and a signing fee of EUR 4,500; b) The total amount of EUR 50,000 for the season 2012-2013, payable in 10 monthly installments of EUR 5,000. 3. On 30 April 2012, the Respondent and the Claimant concluded an agreement (hereinafter: the agreement), by means of which the Respondent agreed to pay to the Claimant outstanding remuneration for the season 2011-2012 amounting to EUR 25,400 as follows: a) The amount of EUR 5,000 with a cheque dated 28 May 2012; b) The amount of EUR 10,000 with a cheque dated 18 June 2012; c) The amount of EUR 10,000 with a cheque dated 19 September 2012. In return, the player gave the amount of EUR 400 “as a contribution” to the club. 4. On 18 July 2013, the Claimant lodged a claim before FIFA, claiming the amount of EUR 56,000 plus interest at a rate of 5% p.a., indicating that the Respondent had breached the contract as well as the agreement and never paid him the following: a) The outstanding remuneration for the sporting season 2011-2012 amounting to EUR 25,400; b) The outstanding remuneration for the sporting season 2012-2013 amounting to EUR 30,600, indicating he had only received the amount of EUR 19,400. 5. In reply to the player’s claim, the club stated that, according to its financial records, it had paid the entire amount due to the player and requested that the claim of the latter for “EUR 51,000” should be dismissed. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the case at hand. In this respect, the DRC judge took note that the present matter was submitted to FIFA on 18 July 2013. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 and 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012) (hereinafter: the Regulations), he is competent to decide on the present litigation, which concerns an employment-related dispute with an international dimension between an country H player and a country C club. 3. Furthermore, the DRC judge analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, he 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 matter was submitted to FIFA on 18 July 2013, the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the present matter as to the substance. 4. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. In doing so, he started by acknowledging the abovementioned facts of the case as well as the documentation contained in the file. 5. In this respect, the DRC judge acknowledged that the parties had signed an employment contract on 1 July 2011, in accordance with which the player was entitled to receive, inter alia, the amount of EUR 95,000 as total remuneration for the term of the contract. 6. In addition, the DRC judge observed that the parties had concluded a private agreement on 30 April 2012, which stipulated that the Respondent would pay to the Claimant the outstanding amount of EUR 25,400 in the following three instalments, (i) EUR 5,000 with a cheque dated 28 May 2012; (ii) EUR 10,000 with a cheque dated 18 June 2012 and; (iii) EUR 10,000 with a cheque dated 19 September 2012. Furthermore, the player gave the amount of EUR 400 “as a contribution” to the club. 7. In continuation, the DRC judge noted that the Claimant alleged that the Respondent had failed to pay the outstanding amount of EUR 25,400 for the sporting season 2011-2012, established by the parties in the private agreement, as well as the amount of EUR 30,600 for the sporting season 2012-2013. Consequently, the Claimant asked to be awarded with the payment of the total amount of EUR 56,000, plus interest. 8. Equally, the DRC judge took note of the reply of the Respondent, which asserted that, according to its financial records, it had no outstanding financial obligations towards the player and, therefore, the claim should be dismissed. 9. With due consideration to the above, the DRC judge acknowledged that the Claimant stated not having received the abovementioned amount, whereas the Respondent claimed that it had no outstanding debts towards the player. 10. In this respect, the DRC judge 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. 11. In relation to the preceding paragraph, the DRC judge noted that the Respondent did not substantiate its defence, as it did not present any evidence in respect of any payments it sustained to have made to the player. 12. In view of the above, the DRC judge concluded that the Respondent had not provided evidence of its defence and that, therefore, it could be established that the Respondent had failed to pay to the Claimant the amounts as agreed upon between the parties in the contract dated 1 July 2011 and the agreement dated 30 April 2012. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the Respondent must fulfil its obligations as per the contract and the private agreement concluded with the Claimant and, consequently, is to be held liable to pay the outstanding amount of EUR 56,000 to the Claimant. 13. With regard to the claimed interests, the DRC judge decided that the Respondent had to pay default interest at a rate of 5% p.a. as of 18 July 2013 on the amount of EUR 56,000. 14. Finally, the DRC judge determined that the Claimant has to return the relevant cheques issued by the Respondent. III. Decision of the DRC judge 1. The claim of the Claimant, Player S, is 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 of EUR 56,000 plus 5% interest p.a. on said amount as from 18 July 2013 until the date of effective payment. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The Claimant is directed to return to the Respondent the cheques dated 28 May 2012, 18 June 2012 and 19 September 2012, within 30 days as from the date of notification of this decision. 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 DRC judge 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 DRC judge: Jérôme Valcke Secretary General Encl. CAS directives