F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 24 January 2012, the player from country B, Player A (hereinafter: player or Claimant) and the club from country D, Club C (hereinafter: club or Respondent), signed an employment contract valid as from the date of signature until 1 June 2015. 2. On 27 May 2013, the parties signed an agreement by means of which the employment contract was terminated by mutual consent with effect as of 31 August 2013. 3. In accordance with this agreement, the club undertook to pay to the player the total amount of EUR 142,822 in various instalments between June 2013 and February 2014. 4. The player put the club in default of payment in writing on several occasions. 5. On 18 February 2014, the player lodged a claim against the club in front of FIFA alleging that he had only received the amount of EUR 91,179 up to 11 November 2013 and that, therefore, the club should be made to pay the remainder of EUR 51,643. 6. The player also asks to be awarded interest of 5% p.a. calculated as from “the due date” and the amount of EUR 10,000 pertaining to legal expenses. 7. During the proceedings in front of the Dispute Resolution Chamber (DRC), the parties agreed on a payment plan, in accordance with which the club undertook to pay the amount of EUR 50,000 to the player in 4 monthly instalments of EUR 12,500 each, falling due as of 1 June 2014 until 1 September 2014. 8. During this time, the parties asked that the proceedings in front of DRC be suspended. 9. In September 2014, the player stated that 2 instalments had remained unpaid, totalling EUR 25,000, and that, at the request of the club, he had agreed to a final extension of the time limit until 30 October 2014. 10. This time limit not having been respected by the club, the player asks that the club be ordered to pay him the amount of EUR 25,000 plus interest as of the respective due dates and legal expenses as mentioned in point I./6. above. 11. The club, for its part, acknowledges that the amount of EUR 25,000 remains outstanding and highlights that due to the general economic crisis in country D it is facing financial difficulty. 12. After the closure of the investigation into the present matter, the club presented further statements alleging that it fulfilled all of its obligations by having allegedly transmitted the amount of 480,750 to the player’s alleged bank account in country D on 30 December 2014. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 18 February 2014. 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 DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 2014) he is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player from country B and a club from country D. 3. Furthermore, the DRC judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (2014), and considering that the present claim was lodged on 18 February 2014, the 2012 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand 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 this respect, the DRC judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the DRC 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. 5. Having said this, the DRC judge acknowledged that the Claimant and the Respondent signed an employment contract valid as from the date of signature on 24 January 2012 until 1 June 2015, which was terminated in writing by mutual agreement between the parties on 27 May 2013 with effect as from 31 August 2013. 6. The DRC judge further noted that in accordance with the relevant termination agreement, the Respondent undertook to pay to the Claimant the total amount of EUR 142,822 in various instalments between June 2013 and February 2014. 7. In his statement of claim, the Claimant declared that the Respondent failed to pay the sum of EUR 51,643 in spite of his relevant default notices addressed to the Respondent. 8. The DRC judge took into consideration that during the proceedings in front of the DRC the parties had agreed that the Respondent pays the amount of EUR 50,000 to the Claimant in various instalments, the final one of which fell due on 1 September 2014. 9. According to the Claimant, in spite of having extended the time limit until 30 October 2014, the total amount of EUR 25,000 remains unsettled and, consequently, the Claimant asks that the DRC adjudicates the present affair by ordering the Respondent to pay him the amount of EUR 25,000 plus interest and legal expenses. 10. In continuation, the DRC judge noted that, during the investigation-phase of the present matter, the Respondent acknowledged that the amount of EUR 25,000 had not been paid to the Claimant and highlighted that it is facing financial difficulty. 11. The DRC judge then turned his attention to the additional statements made by the Respondent after the closure of the investigation into the matter at stake and established that these statements cannot be admitted to the file, and thus not be taken into consideration, in view of the fact that the investigation-phase of this matter had already been closed. 12. On account of all of the above considerations, the DRC judge established that in accordance with the principle of pacta sunt servanda the Respondent is liable to pay the amount of EUR 25,000 to the Claimant. 13. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the DRC judge decided that the Respondent must pay to the Claimant interest of 5% p.a. on the two instalments of EUR 12,500 each as from the day following the respective due dates, i.e. as from 2 August 2014 and 2 September 2014, respectively. 14. Furthermore, as regards the claimed legal expenses, the DRC judge referred to art. 18 par. 4 of the Procedural Rules as well as to the long-standing and well-established jurisprudence of the Dispute Resolution Chamber, in accordance with which no procedural compensation shall be awarded in proceedings in front of the Dispute Resolution Chamber or the DRC judge. Consequently, the DRC judge decided to reject the Claimant’s request relating to legal expenses. 15. The DRC judge concluded the deliberations in the present matter by deciding that any further claim lodged by the Claimant is rejected. III. Decision of the DRC judge 1. The claim of the Claimant, Player A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 25,000 plus 5% interest p.a. as follows: a) 5% p.a. on the amount of EUR 12,500 as of 2 August 2014; b) 5% p.a. on the amount of EUR 12,500 as of 2 September 2014. 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. Any further claim lodged 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 DRC judge 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 DRC judge: Jérôme Valcke Secretary General Encl.: CAS directives