F.I.F.A. – Players’ Status Committee / Commissione per lo Status dei Calciatori – coach disputes / controversie allenatori (2020-2021) – fifa.com – atto non ufficiale – Decision25 August 2020

Decision of the

Single Judge of the Players' Status Committee

Passed on 25 August 2020,

regarding a contractual dispute concerning the player Matic Kotnik

BY:

Johan Van Gaalen (South Africa), Single Judge of the PSC

CLAIMANT:

NK CELJE, Slovenia

RESPONDENT:

FC PANIONIOS GSS, Greece

I. FACTS OF THE CASE

1. On 12 June 2017, the Slovenian club, NK Celje (hereinafter: Claimant), and the Greek club, FC Panionios GSS (hereinafter: Respondent), signed a transfer agreement (hereinafter: the agreement) for the permanent transfer of the player Matic Kotnik (hereinafter: the player).

2. In accordance with the agreement, the Respondent inter alia undertook to pay to the Claimant EUR 50,000 as a transfer fee, payable as follows:

- EUR 15,000 on 15 June 2017;

- EUR 7,000 on 30 November 2017;

- EUR 7,000 on 30 January 2018;

- EUR 7,000 on 30 April 2018;

- EUR 7,000 on 30 May 2018;

- EUR 7,000 on 30 July 2018.

3. By correspondences dated 23 May 2020 and 23 June 2020, the Claimant requested the Respondent the payment of EUR 21,000, corresponding to the last three instalments of the transfer fee.

4. On 6 July 2020, the Claimant lodged a claim against the Respondent in front of FIFA asking that the Respondent be ordered to pay it the amount of EUR 21,000, corresponding to the last three instalments stipulated under article 2 of the agreement.

5. In spite of having been invited to do so, the Respondent has not replied to the claim.

II. CONSIDERATIONS OF THE SINGLE JUDGE OF THE PLAYERS' STATUS COMMITTEE

6. First of all, the Single Judge of the Players’ Status Committee (hereinafter: the Single Judge) analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 6 July 2020 and presented for decision on 25 August 2020. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition June 2020; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural Rules).

7. Subsequently, the Single Judge referred to art. 3 par. 1 of the Procedural Rules and highlighted that in accordance with art. 23 par. 1 in combination with art. 22 lit. f) of the Regulations on the Status and Transfer of Players (edition August 2020) he would, in principle, be competent to deal with the matter at stake, which concerns a contractual dispute with an international dimension between a Slovenian club and a Greek club.

8. Notwithstanding the above, bearing in mind that the instalments of the transfer fee were payable between June 2017 and July 2018, the Single Judge considered that he should examine if the present claim, or any part of it, is barred by the statute of limitations.

9. Indeed, the Single Judge referred to art. 25 par. 5 of the Regulations on the Status and Transfer of Players (edition August 2020), which, in completion to the general procedural terms outlined in the Procedural Rules, clearly establishes that the Players’ Status Committee and its single judge shall not hear any dispute if more than two years have elapsed since the event giving rise to the dispute arose and that the application of this time limit shall be examined ex officio in each individual case.

10. In view of the above, the Single Judge deemed it fundamental to underline that in order to determine whether he could hear the present matter, it should, first and foremost, establish which is “the event giving rise to the dispute”, i.e. which is the starting point of the time period of two years as set out under art. 25 par. 5 of the Regulations.

11. The Single Judge acknowledged that, according to the documents presented by the Claimant in support of its claim, the parties were bound by the agreement, according to which the Claimant was entitled to receive, inter alia, a total remuneration of EUR 50,000 payable in several instalments, the last three of which were payable respectively on 30 April 2018, 30 May 2018 and 30 July 2018. In other words, the Claimant’s claim is based on the alleged non-payment of the last three instalments of the contractual transfer fee. In this sense, the Single Judge concluded that the alleged non-payment of the relevant instalments must be considered the events giving rise to the present dispute.

12. In continuation, while recalling that the present claim was submitted to FIFA on 6 July 2020, the Single Judge took into account that the amount claimed by the Claimant was payable in various instalments, two of which thus had fallen due more than two years prior to the date on which the Claimant lodged its claim in front of FIFA.

13. As a consequence, referring to art. 25 par. 5 of the Regulations on the Status and Transfer of Players, the Single Judge concluded that the time limit of two years for the Claimant to claim outstanding remuneration related to the transfer fee instalments which fell due on 30 April 2018 and 30 May 2018 had elapsed at the time it lodged its claim in front of FIFA.

14. Therefore, the Single Judge decided that the claim of the Claimant is partially barred by the statute of limitations and, consequently, such portion of the claim is inadmissible.

15. Notwithstanding the above, the Single Judge observed that the last instalment of the transfer fee, which fell due on 30 July 2018, is not barred by the statute of limitations. Therefore, the Single Judge concluded on the grounds of art. 23 par. 1 in combination with art. 22 lit. f) of the Regulations on the Status and Transfer of Players (edition August 2020) that he is competent to entertain this part of the Claimant’s claim.

16. Furthermore, the Single 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 August 2020), and considering that the present claim was lodged on 6 July 2020, the June 2020 edition of said regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance.

17. The competence of the Single Judge and the applicable regulations having been established, the Single Judge entered into the substance of the matter. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Single 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.

18. Having said this, the Single Judge acknowledged that the Claimant lodged a claim against the Respondent in front of FIFA, maintaining that the Respondent has outstanding remuneration towards it in the total amount of EUR 21,000. Once again, the Single Judge outlined that he can only entertain the dispute concerning the EUR 7,000 referring to the last instalment due under the agreement.

19. Subsequently, the Single Judge 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 Single Judge considered that the Respondent renounced its right to defence and thus accepted the allegations of the Claimant.

20. Furthermore, as a consequence of the aforementioned consideration, the Single 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.

21. Having said this, the Single Judge acknowledged that, in accordance with the agreement provided by the Claimant, the Respondent was obliged to pay to the Claimant inter alia EUR 7,000 as the last instalment of the transfer fee for the transfer of the player on 30 July 2018 at the latest.

22. Taking into account the documentation presented by the Claimant in support of his petition, the Single Judge concluded that the Claimant had substantiated its claim with sufficient documentary evidence.

23. On account of the aforementioned considerations, the Single Judge established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 7,000 corresponding to the last instalment of the transfer fee.

24. Consequently, the Single Judge decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant the total amount of EUR 7,000.

25. Furthermore, taking into account the consideration under number 16. above, the Single Judge referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with its decision, the pertinent FIFA deciding body shall also rule on the consequences deriving from the failure of the concerned party to pay the relevant amounts of outstanding remuneration and/or compensation in due time.

26. In this regard, the Single Judge pointed out that, against clubs, the consequence of the failure to pay the relevant amounts in due time shall consist of a ban from registering any new players, either nationally or internationally, up until the due amounts are paid and for the maximum duration of three entire and consecutive registration periods.

27. Therefore, bearing in mind the above, the Single Judge decided that, in the event that the Respondent does not pay the amount due to the Claimant within 45 days as from the moment in which the Claimant, following the notification of the present decision, communicates the relevant bank details to the Respondent, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.

28. Finally, the Single Judge recalled that the above-mentioned ban will be lifted immediately and prior to its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the Regulations.

29. Lastly, the Single Judge referred to the temporary amendments outlined in art. 18 par. 2 lit. ii) of the Procedural Rules, which entered in force in 10 June 2020, according to which no procedural costs shall be levied for any claim lodged between 10 June 2020 and 31 December 2020 (both inclusive), and determined, since the claim at hand was lodged on 6 July 2020, that the decision shall be rendered free of costs. Consequently, the Single Judge determined that the advance of costs incurred by the Claimant, if any, shall be reimbursed to the latter in case this has not yet been done.

III. DECISION OF THE SINGLE JUDGE OF THE PLAYERS' STATUS COMMITTEE

1. The claim of the Claimant, NK Celje, is accepted insofar it is admissible.

2. The Respondent, FC Panionios GSS, has to pay to the Claimant EUR 7,000.

3. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank account to which the Respondent must pay the due amount.

4. The Respondent shall provide evidence of payment of the due amount in accordance with this decision to psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages (English, French, German, Spanish).

5. In the event that the amount due, plus interest as established above is not paid by the Respondent within 45 days, as from the notification by the Claimant of the relevant bank details to the Respondent, the following consequences shall arise:

 1.

The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid and for the maximum duration of three entire and consecutive registration periods. The aforementioned ban mentioned will be lifted immediately and prior to its complete serving, once the due amount is paid.

(cf. art. 24bis of the Regulations on the Status and Transfer of Players). 2.

In the event that the payable amount as per in this decision is still not paid by the end of the ban of three entire and consecutive registration periods, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee.

6. The decision is rendered free of costs (cf. art. 18 par. 1, item I of the Rules Governing the Proceedings of the Players’ Status Committee and the Dispute Resolution Chamber).

For the Players' Status Committee:

Emilio García Silvero

Chief Legal & Compliance Officer

NOTE RELATED TO THE APPEAL PROCEDURE:

According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.

NOTE RELATED TO THE PUBLICATION:

FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party within five days of the notification of the motivated decision, to publish an anonymised or a redacted version (cf. article 20 of the Procedural Rules).

CONTACT INFORMATION:

Fédération Internationale de Football Association

FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland

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