F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – debiti scaduti – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed by way of circulars on 22 January 2016, 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) – debiti scaduti – ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed by way of circulars on 22 January 2016, 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 21 January 2015, the Player of Country B, Player A (hereinafter: Claimant), and the Club of Country D, Club C (hereinafter: Respondent) signed an employment contract valid as from 21 January 2015 until 31 May 2016. 2. In accordance with the employment contract, the Respondent undertook to pay to the Claimant inter alia the amount of EUR 120,000 on 25 January 2015 and EUR 125,000 in 5 equal instalments of EUR 25,000 per month as from 25 February 2015 until 25 June 2015. In addition, the Claimant was entitled to receive the amount of EUR 15,000 in the event that the Claimant takes part in 10 matches as from 23 January 2015. 3. By correspondence dated 10 November 2015, the Claimant put the Respondent in default of payment of EUR 150,000 plus interest setting a time limit expiring on 20 November 2015 in order to remedy the default. 4. On 2 November 2015, and completed on 23 November 2015, the Claimant lodged a claim against the Respondent in front of FIFA asking that the Respondent be ordered to pay to him overdue payables in the total amount of EUR 150,000 corresponding to EUR 10,000 of the instalment of EUR 120,000 which fell due on 25 January 2015, EUR 125,000 relating to his monthly remuneration as from February 2015 until June 2015, and a bonus payment of EUR 15,000. 5. The Claimant further asks to be awarded interest of 5% p.a. as of the respective due dates for the amount of EUR 10,000 and for 4 monthly instalments (February until May 2015) and as of 12 April 2015 for the bonus payment. Moreover, the Claimant asks that the costs relating to the proceedings be borne by the Respondent. 6. In spite of having been invited to do so, the Respondent has not replied to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter: 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 2 November 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 Chamber 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 of Country B and a Club of 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 considering that the present claim was lodged 2 November 2015, the 2015 edition of said regulations (hereinafter: 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, DRC acknowledged that the Claimant and the Respondent signed an employment contract valid as from 21 January 2015 until 31 May 2016, in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, the amount of EUR 120,000 on 25 January 2015 and EUR 125,000 in 5 equal instalments of EUR 25,000 per month as from 25 February 2015 until 25 June 2015. In addition, the Respondent undertook to pay a bonus in the amount of EUR 15,000 to the Claimant in the event that the Claimant has taken part in 10 matches as from 23 January 2015. 6. 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 150,000 corresponding to EUR 10,000 out of the EUR 120,000 instalment that fell due on 25 January 2015, to monthly remuneration of EUR 125,000 as well to the bonus payment of EUR 15,000, which monies fell due between February and June 2015. 7. In this context, the DRC took particular note of the fact that, on 10 November 2015, the Claimant put the Respondent in default of payment of the aforementioned amounts, setting a 10 days’ time limit 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 DRC 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 Chamber concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 11. 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 in the amount of EUR 150,000 with sufficient documentary evidence. 12. 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 150,000, corresponding to EUR 10,000 out of the EUR 120,000 instalment that fell due on 25 January 2015, to EUR 125,000 relating to his monthly remuneration as from February 2015 until June 2015, and to EUR 15,000 relating to the bonus payment of EUR 15,000. 13. In addition, the Chamber established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 14. 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 150,000. 15. 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 the amount of EUR 10,000 and on the monthly remuneration as of the day following the day on which the relevant payments fell due, until the date of effective payment. 16. With respect to the Claimant’s request for interest on the bonus payment of EUR 15,000, the Chamber took into consideration that the employment contract does not include any due date for this payment and that according to the Claimant, the employment contract was terminated by the Respondent on the basis of a contractual clause allowing it to do so between 1 and 30 June 2015. However, the Claimant has not specified the actual date of termination. Therefore, the DRC decided that the Respondent must pay to the Claimant interest of 5% p.a. on the amount of EUR 15,000 as of 30 June 2015. 17. Furthermore, as regards the Claimant’s petition relating to procedural costs, the DRC referred to art. 18 par. 4 of the Procedural Rules as well as to its longstanding and well-established jurisprudence, in accordance with which no procedural compensation shall be awarded in proceedings in front of the Dispute Resolution Chamber. Furthermore, in this context, the DRC wished to highlight that according to art. 18 par. 2 of the Procedural Rules, DRC proceedings relating to employment-related disputes between a club and a player of an international dimension are free of charge. Consequently, the DRC decided to reject the Claimant’s petition relating to procedural costs. 18. In continuation, taking into account the consideration under number II./13. 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. 19. The DRC established that in virtue of art. 12bis par. 4 of the Regulations it has competence to impose sanctions on the Respondent. Therefore, and 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 150,000, the DRC regarded a fine amounting to CHF 15,000 as appropriate and hence decided to impose said fine on the Respondent. 20. In this respect, 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 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, overdue payables in the amount of EUR 150,000, 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 10,000 as from 26 January 2015; b. 5% p.a. on the amount of EUR 25,000 as from 26 February 2015; c. 5% p.a. on the amount of EUR 25,000 as from 26 March 2015; d. 5% p.a. on the amount of EUR 25,000 as from 26 April 2015; e. 5% p.a. on the amount of EUR 25,000 as from 26 May 2015; f. 5% p.a. on the amount of EUR 15,000 as from 30 June 2015. 3. In the event that the amount due to the Claimant, plus interest, 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 of every payment received. 6. The Respondent is ordered to pay a fine in the amount of CHF 15,000. The fine is to be paid within 30 days of notification of the present decision to FIFA to the following bank account: 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