F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 25 September 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - controversie di lavoro – ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 25 September 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 21 July 2014, the player from country B, Player A (hereinafter: the player), and the club from country D, Club C (hereinafter: the club), concluded an employment contract valid as from 21 July 2014 until 21 June 2015. 2. In accordance with the employment contract, the player was entitled to a monthly salary of EUR 7,500. 3. On 13 July 2015, the player lodged a claim against the club in front of FIFA stating that he had not received his salary for the period between February 2015 and June 2015. As a result, the player is claiming the amount of EUR 37,500 (5 x EUR 7,500) plus interest as well as “legal penalties.” 4. Although having been invited to do so, the club did not provide its reply to the claim. 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 13 July 2015. Consequently, the DRC judge concluded that the 2015 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 lit. i. in conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2015), the DRC judge is competent to decide on the present matter, 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 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 2015) and whilst reiterating that the present claim was lodged in front of FIFA on 13 July 2015, the 2015 edition of the Regulations on the Status and Transfer of Players (hereinafter: the 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. The DRC judge started by acknowledging the above-mentioned facts as well as the documentation contained in the file. 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. First of all, the DRC judge acknowledged that the player and club had concluded an employment contract valid for the period as from 21 July 2014 until 21 June 2015. As to the financial terms of the contract, the DRC judge took note that it had been agreed upon that the club would remunerate the player with a monthly salary of EUR 7,500. 6. In continuation, the DRC judge noted that the player lodged a claim against the club in front of FIFA maintaining that he had not received his salaries for the period between February 2015 and June 2015, in the total amount of EUR 37,500. 7. Furthermore, the DRC judge observed that the club failed to present its response to the claim of the player, despite having been invited to do so. In this way, the DRC judge deemed that the club renounced its right of defence and, thus, accepted the allegations of the player. 8. As a consequence of the preceding consideration, the DRC judge established that in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of the documents on file. 9. In this respect, the DRC judge concluded that it had remained uncontested during the present procedure that the club failed to pay the player 5 months of salary. 10. As a result, the DRC judge decided that the club must fulfill its obligations as per the employment contract in accordance with the general legal principle of “pacta sunt servanda”, and that the club is therefore liable to pay to the player the amount of EUR 37,500, consisting of the monthly salaries of February to June 2015. 11. Furthermore, and considering the player’s claim for interest, the DRC judge ruled that the club must pay 5% interest on the amount of EUR 37,500 as from 13 July 2015 until the date of effective payment. 12. The DRC judge concluded his deliberations in the present matter by establishing that any further claim lodged by the player 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 the present decision, outstanding remuneration in the amount of EUR 37,500 plus 5% interest p.a. on said amount as from 13 July 2015 until the date of effective payment. 3. In the event that the amount 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 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 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: Marco Villiger Acting Deputy Secretary General Encl. CAS directives