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 (DRC) judge passed on 15 February 2016, 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 in connection with overdue payable

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 (DRC) judge passed on 15 February 2016, 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 in connection with overdue payables I. Facts of the case 1. On 10 July 2014, the player from country B, Player A (hereinafter: Claimant), and the club from country D, Club C (hereinafter: Respondent) signed an employment contract valid as from 10 July 2014 until 31 May 2015 as well as an “image rights contract” valid for the duration of the employment contract. 2. On 30 June 2015, the Claimant and the Respondent signed a settlement agreement, in accordance with which, inter alia, the Respondent undertook to pay to the Claimant the amount of EUR 12,920 in the following five instalments: EUR 2,140 by 10 July 2015; EUR 3,060 by 3 August 2015; EUR 3,060 by 3 September 2015; EUR 3,660 by 3 October 2015; EUR 1,000 by 3 November 2015. 3. According to art. 4 of the settlement agreement all instalments have a 15 days’ grace period. 4. By correspondence dated 9 December 2015, the Claimant put the Respondent in default of payment of the amount of EUR 4,650 relating to the 2 final aforementioned instalments setting a 10 days’ time limit in order to remedy the default. 5. On 21 December 2015 with a subsequent amendment and completion on 12 January 2016, 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 amount of EUR 3,660 corresponding to the instalment that was payable until 3 October 2015 in accordance with the settlement agreement. 6. The Claimant further asks to be awarded 5% interest as of the relevant due date. 7. The Respondent submitted its response to the claim after notification of the closure of the investigation in the present matter. 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 21 December 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 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 2015) 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 (edition 2015), and considering that the present claim was lodged on 21 December 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 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 on 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. Having said this, DRC judge acknowledged that the Claimant and the Respondent signed a settlement agreement, in accordance with which, inter alia, the Claimant was entitled to receive from the Respondent the amount of EUR 12,920 in the following five instalments: EUR 2,140 by 10 July 2015; EUR 3,060 by 3 August 2015; EUR 3,060 by 3 September 2015; EUR 3,660 by 3 October 2015; EUR 1,000 by 3 November 2015. Furthermore, the DRC judge duly noted that a contractual 15 days’ grace period was applicable to each of these instalments. 6. The Claimant lodged a claim against the Respondent in front of FIFA, maintaining that the Respondent has overdue payables towards him in the amount of EUR 3,660 corresponding to the aforementioned instalment payable by 3 October 2015. Bearing in mind the contractual 15 days’ grace period, the DRC judge concluded that this instalment was thus payable on 18 October 2015 the latest. 7. In this context, the DRC judge took particular note of the fact that, on 9 December 2015, the Claimant put the Respondent in default of payment of this instalment, setting a 10 days’ time limit in order for the Respondent to remedy the default. 8. Consequently, the DRC judge 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 judge observed that the reply of the Respondent was received after notification of the closure of the investigation of the matter at hand. As a result, in line with art. 9 par. 4 of the Procedural Rules as well as the DRC’s constant jurisprudence in this regard, the DRC judge decided not to take into account the reply of the Respondent and established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of those documents on file that were provided prior to the closure of the investigation-phase, in casu, upon the statements and documents presented by the Claimant. 10. Having said this, the DRC judge acknowledged that, in accordance with the settlement agreement on file, the Respondent was obliged to pay to the Claimant the amount of EUR 3,660 the latest by 18 October 2015. 11. Taking into account the documentation presented by the Claimant in support of his petition, the DRC judge concluded that the Claimant had substantiated his claim pertaining to overdue payables with sufficient documentary evidence. 12. On account of the aforementioned considerations, the DRC judge established that the Respondent failed to remit to the Claimant the amount of EUR 3,660, which fell due on 18 October 2015. 13. In addition, the DRC judge established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 14. Consequently, the DRC judge 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 amount of EUR 3,660. 15. 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 amount of EUR 3,660 as from 19 October 2015 until the date of effective payment. 16. In continuation, taking into account the consideration under number II./13. above, the DRC judge 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. 17. The DRC judge established that by virtue of art. 12bis par. 4 of the Regulations he has competence to impose sanctions on the Respondent. On account of the above and bearing in mind that the Respondent did not reply to the claim of the Claimant, prior to the notification of the closure of the investigation, the DRC judge 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 3,660, the DRC judge regarded a fine amounting to CHF 1,000 as appropriate and hence decided to impose said fine on the Respondent. 18. In this connection, the DRC judge 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 DRC judge 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 3,660, plus interest at the rate of 5% p.a. as from 19 October 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. 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. 5. The Respondent is ordered to pay a fine in the amount of CHF 1,000. 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 DRC judge: Markus Kattner Acting Secretary General Encl: CAS directives