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 27 October 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) – 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 27 October 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 1 August 2014, the player from country B, Player A (hereinafter: the Claimant), and the club from country D, Club C (hereinafter: the Respondent) signed an employment contract valid as of the date of its signature until 31 May 2015. 2. In accordance with the employment contract, the Respondent undertook to pay to the Claimant inter alia a monthly salary of EUR 25,000 payable “by not later than the last day of the month”. 3. Furthermore, according to the employment contract, the Claimant was entitled to a “Per-Game Salary” of EUR 4,450. 4. By correspondence dated 22 June 2015 and 28 July 2015, the Claimant put the Respondent in default of payment of EUR 128,400 setting a time limit expiring on 2 July 2015 and 7 August 2015, respectively, in order to remedy the default. 5. On 15 September 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 amount of EUR 128,400 corresponding to the salary payments due on 28 February 2015, 31 March 2015 and 30 April 2015, as well as 12 “Per-Game Salaries”, corresponding to the last 12 matches of the club. 6. The Claimant further asks to be awarded 5% interest p.a. as of “said amount became due”. 7. 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 also referred to as 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 September 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 members of 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), the Dispute Resolution Chamber 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 Chamber 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 on 15 September 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 Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and 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 members of the Chamber acknowledged that the Claimant and the Respondent entered into an employment contract valid as of 1 August 2014 until 31 May 2015. In this respect, the Chamber observed that in accordance with the employment contract, the Claimant was entitled to receive from the Respondent the total amount of EUR 401,300 payable in 10 monthly instalments of EUR 25,000 as of August 2014 until May 2015, plus 34 instalments corresponding to “Per-Game Salaries” of EUR 4,450 each. 6. Furthermore, the DRC took note that 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 128,400 corresponding to the monthly salary instalments due on 28 February 2015, 31 March 2015 and 30 April 2015, plus the last 12 “per-game salaries”. 7. In this context, the members of the DRC took particular note of the fact that, on 22 June 2015 and 28 July 2015, the Claimant put the Respondent in default of payment of the aforementioned amounts, setting a time limit expiring on 2 July 2015 and 7 August 2015, respectively, 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 DRC judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules he 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. On account of the aforementioned considerations and the documentary evidence provided by the Claimant, the members of the Chamber established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 128,400 corresponding to the monthly salary instalments due on 28 February 2015, 31 March 2015 and 30 April 2015, each in the amount of EUR 25,000, plus the last 12 “Per-Game Salaries”, each in the amount of EUR 4,450. 12. In addition, the DRC established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 13. In view of the foregoing considerations, the Chamber 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 128,400. 14. Furthermore, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the DRC decided that the Respondent must pay to the Claimant interest of 5% p.a. on each of the relevant salary payment(s) as of the day following the respective due dates. The DRC further decided that the Respondent must pay to the Claimant interest of 5% p.a. on the overdue “Per-Game Salaries” as of the date of expiration of the employment contract. 15. Subsequently, the DRC decided to reject the Claimant’s claim pertaining to procedural and legal costs in accordance with art. 18 par. 4 of the Procedural Rules and the DRC’s respective longstanding jurisprudence in this regard. 16. In continuation, taking into account the consideration under number II./12 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. 17. The Chamber established that in 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 128,400, the DRC regarded a fine amounting to CHF 15,000 as appropriate and hence decided to impose said fine on the Respondent. 18. In this respect, the Chamber 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 overdue payables in the amount of EUR 128,400 within 30 days as from the date of notification of this decision 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 25,000 as from 1 March 2015; b. 5% p.a. on the amount of EUR 25,000 as from 1 April 2015; c. 5% p.a. on the amount of EUR 25,000 as from 1 May 2015; d. 5% p.a. on the amount of EUR 53,400 as from 31 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. 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 Dispute Resolution Chamber 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 with reference to case no.: 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