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 passed by way of circulars on 11 September 2015, in the following composition: Geoff Thompson (England), Chairman Philippe Diallo (France), member Theo van Seggelen (Netherlands), member 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 in connection with overdue payables

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 passed by way of circulars on 11 September 2015, in the following composition: Geoff Thompson (England), Chairman Philippe Diallo (France), member Theo van Seggelen (Netherlands), member 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 in connection with overdue payables I. Facts of the case 1. On an unspecified date, Player A from country B (hereinafter: the Claimant), and Club C from country D (hereinafter: the Respondent) signed an employment contract valid as from 26 January 2015 until 31 May 2015. 2. In accordance with the employment contract, the Respondent undertook to pay to the Claimant the total amount of EUR 1,200,000, as follows: - EUR 250,000 “at the signature”; - EUR 237,500 on 28 February 2015; - EUR 237,500 on 31 March 2015; - EUR 237,500 on 30 April 2015; - EUR 237,500 on 10 May 2015. 3. By correspondence dated 26 June 2015, the Claimant put the Respondent in default of payment of the amount of EUR 950,000 setting a time limit of ten days in order to remedy the default. 4. On 15 July 2015, the Claimant lodged a claim against the Respondent in front of FIFA requesting that the Respondent be ordered to pay to him overdue payables in the amount of EUR 950,000 corresponding to the payments due on 28 February, 31 March, 30 April and 10 May 2015. 5. The Claimant further asked to be awarded interest of 5% as of the date each instalment became outstanding. 6. In spite of having been invited to do so, the Respondent did not reply to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also 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 15 July 2015. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the DRC referred to art. 3 par. 1 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 2015), it 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 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 par. 2 of the Regulations on the Status and Transfer of Players (edition 2015), and reiterating that the present claim was lodged on 15 July 2015, the 2015 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC and the applicable regulations having been established, the DRC entered into the substance of the matter. In this respect, the DRC started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Chamber 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. 5. Having said this, the DRC acknowledged that the Claimant and the Respondent signed an employment contract valid as from 26 January 2015 until 31 May 2015, in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, the total amount of EUR 1,200,000 as remuneration. 6. In continuation, the Chamber noted that the Claimant lodged a claim against the Respondent in front of FIFA, maintaining that the Respondent has overdue payables towards him in the total amount of EUR 950,000 corresponding to the instalments due on 28 February, 31 March, 30 April and 10 May 2015. 7. In this context, the DRC took particular note of the fact that, on 26 June 2015, the Claimant put the Respondent in default of payment of the aforementioned amount of EUR 950,000, setting a time limit of ten days in order to remedy the default. 8. Consequently, the DRC concluded that the Claimant had duly proceeded in accordance with art. 12bis par. 3 of the Regulations, which stipulates that the creditor (player or club) must have put the debtor club in default in writing and have granted a deadline of at least ten days for the debtor club to comply with its financial obligation(s). 9. Subsequently, the DRC took into account that the Respondent, for its part, failed to present its response to the claim of the Claimant, in spite of having been invited to do so. In this way, the Chamber considered that the Respondent renounced its right to defence and thus accepted the allegations of the Claimant. 10. Furthermore, as a consequence of the aforementioned consideration, the members of the DRC concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a decision upon the basis of the documents on file, in other words, upon the statements and documents presented by the Claimant. 11. In this respect, the DRC acknowledged that, in accordance with the employment contract provided by the Claimant, the Respondent was obliged to pay to the Claimant the amount of EUR 237,500 on 28 February, 31 March, 30 April and 10 May 2015. 12. Taking into account the documentation presented by the Claimant in support of his petition, the DRC concluded that the Claimant had substantiated his claim pertaining to overdue payables with sufficient documentary evidence. 13. On account of the aforementioned considerations, the DRC established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 950,000 corresponding to the four payments of EUR 237,500 each, due on 28 February, 31 March, 30 April and 10 May 2015. 14. In addition, the DRC established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 15. Consequently, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant overdue payables in the total amount of EUR 950,000. 16. 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 relevant payment(s) as of the day following the day on which the relevant payment(s) fell due, until the date of effective payment. 17. In continuation, taking into account the consideration under number II./14. above, the DRC referred to art.12bis par. 2 of the Regulations which stipulates that any club found to have delayed a due payment for more than 30 days without a prima facie contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations. 18. Furthermore, the DRC established that by virtue of art. 12bis par. 4 of the Regulations it has competence to impose sanctions on the Respondent. Bearing in mind that the Respondent did not reply to the claim of the Claimant, the DRC decided to impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c) of the Regulations. Furthermore, taking into consideration the amount due of EUR 950,000, the DRC regarded a fine amounting to CHF 30,000 as appropriate and hence decided to impose said fine on the Respondent. 19. Finally, the DRC wished to highlight that a repeated offence will be considered as an aggravating circumstance and lead to more severe penalty in accordance with art. 12bis par. 6 of the Regulations. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, overdue payables in the amount of EUR 950,000, plus interest at the rate of 5% p.a. until the date of effective payment as follows: a. 5% p.a. on the amount of EUR 237,500 as from 1 March 2015; b. 5% p.a. on the amount of EUR 237,500 as from 1 April 2015; c. 5% p.a. on the amount of EUR 237,500 as from 1 May 2015; d. 5% p.a. on the amount of EUR 237,500 as from 11 May 2015. 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. 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 of every payment received. 5. The Respondent is ordered to pay a fine in the amount of CHF 30,000. The fine is to be paid within 30 days of notification of the present decision to FIFA to the following bank account with reference to case nr.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A ***** 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: Markus Kattner Acting Secretary General Encl: CAS directives