F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2019-2020) – fifa.com – atto non ufficiale – Decision 18 June 2020
Decision of the
Dispute Resolution Chamber
passed on 18 June 2020,
regarding an employment-related dispute concerning the player Tomislav Glumac
COMPOSITION:
Geoff Thompson (England), Chairman
Mohamed Muzammil (Singapore), member
Stefano Sartori (Italy), member
CLAIMANT:
Tomislav Glumac, Croatia
Represented by Mr Hrvoje Raic
RESPONDENT:
Balikesilspor Kulübü, Turkey
I. FACTS
1. On 22 December 2015, the player and the club concluded an employment contract (hereinafter: contract) valid as of 1 June 2016 until 31 May 2020.
2. On 18 January 2019, the parties signed an amendment to the contract (hereinafter: amendment).
3. According to the agreement the player’s salary was “revised” and the club undertook to pay the player the following amounts:
A - Football Season 2018-2019
1 • Guaranteed payment & advance payment: Payments for season 2018-2019 (Details of the present agreement dated 24.04.2018)
- On 30.08.2018 • 18.000,00 EU
- On 30.09.2018 • 18.000,00 EU
- On 30.10.2018 • 18.000,00 EU
- On 30.11.2018 • 18.000,00 EU
- On 30.12.2018 • 18.000,00 EU
- On 30.01.2019 • 18.000,00 EU
- On 27.02.2019 • 18.000,00 EU
- On 30.03.2019 • 18.000,00 EU
- On 30.04.2019 • 18.000,00 EU
- On 30.05.2019 • 18.000,00 EU
B - Football Season 2019-2020
1 • Guaranteed payment & advance payment: Payments for season 2019-2020 (Details of the present agreement dated 24.04.2018)
- On 30.08.2019 • 18.000,00 EU
- On 30.09.2019 • 18.000,00 EU
- On 30.10.2019 • 18.000,00 EU
- On 30.11.2019 • 18.000,00 EU
- On 30.12.2019 • 18.000,00 EU
- On 30.01.2020 • 18.000,00 EU
- On 27.02.2020 • 18.000,00 EU
- On 30.03.2020 • 18.000,00 EU
- On 30.04.2020 • 18.000,00 EU
- On 30.05.2020 • 18.000,00 EU
C - Football Season 2019-2020
1 • Guaranteed payment & advance payment: Payments for season 2020-2021 (Details of the present agreement dated 24.04.2018)
- On 30.08.2020 • 18.000,00 EU
- On 30.09.2020 • 18.000,00 EU
- On 30.10.2020 • 18.000,00 EU
- On 30.11.2020 • 18.000,00 EU
- On 30.12.2020 • 18.000,00 EU
- On 30.01.2021 • 18.000,00 EU
- On 27.02.2021 • 18.000,00 EU
- On 30.03.2021 • 18.000,00 EU
- On 30.04.2021 • 18.000,00 EU
- On 30.05.2021 • 18.000,00 EU
In accordance with the protocol signed on 18.01.2019, the payments for 2018-2019/2019-2020/2020-2021/2021-20222 stated above were revised as below and the parties came to an agreement.
E- Football Season 2018-2019
1. Guaranteed payment & advance payment: Payments (or season 2018 • 2019 (Details or the
amendment agreement contracted on 18.01.2019 - Revised)
• On 30.08.2018 - 18.000.00 EU • Guaranteed payment
• On 30.09.2018 - 18.000,00 EU • Guaranteed payment
• On 30,10.2018 - 18.000,00 EU • Guaranteed payment
• On 30.11.2018 - 18.000,00 EU • Guaranteed payment
• On 30.12.2018 - 18.000,00 EU • Guaranteed payment
• On 30.01.2019 - 24,000,00 EU • Guaranteed payment
• On 27.02.2019 - 24.000,00 EU • Guaranteed payment
• On 30.03.2019 - 24.000,00 EU • Guaranteed payment
• On 30.0-1.2019 - 24.000,00 EU • Guaranteed payment
• On 30.05.2019 - 24,000,00 EU • Guaranteed payment
A total payment of 210.000,00 Euro will be paid to the football player for season 2018-2019
F- Football Season 2019-2020
1. Guaranteed payment & advance payment: Payments (or season 2019 • 2020 (Details or the
amendment agreement contracted on 18.01.2019 - Revised)
• On 30.06.2019 - 50.000.00 EU • Guaranteed payment
• On 30.08.2019 - 16.000.00 EU • Guaranteed payment
• On 30.09.2019 - 16.000,00 EU • Guaranteed payment
• On 30.10.2019 - 16.000,00 EU • Guaranteed payment
• On 30.11.2019 - 16.000,00 EU • Guaranteed payment
• On 30.12.2019 - 16.000,00 EU • Guaranteed payment
• On 30.01.2020 - 16,000,00 EU • Guaranteed payment
• On 27.02.2020 - 16.000,00 EU • Guaranteed payment
• On 30.03.2020 - 16.000,00 EU • Guaranteed payment
• On 30.04.2020 - 16.000,00 EU • Guaranteed payment
• On 30.05.2020- 16,000,00 EU • Guaranteed payment
A total payment of 210.000,00 Euro will be paid to the football player for season 2019-2020
G- Football Season 2020-2021
1. Guaranteed payment & advance payment: Payments (or season 2020 • 2021 (Details or the
amendment agreement contracted on 18.01.2019 - Revised)
• On 30.06.2020 - 50.000.00 EU • Guaranteed payment
• On 30.08.2020 - 16.000.00 EU • Guaranteed payment
• On 30.09.2020 - 16.000,00 EU • Guaranteed payment
• On 30.10.2020 - 16.000,00 EU • Guaranteed payment
• On 30.11.2020 - 16.000,00 EU • Guaranteed payment
• On 30.12.2020 - 16.000,00 EU • Guaranteed payment
• On 30.01.2021 - 16,000,00 EU • Guaranteed payment
• On 27.02.2021 - 16.000,00 EU • Guaranteed payment
• On 30.03.2021 - 16.000,00 EU • Guaranteed payment
• On 30.04.2021 - 16.000,00 EU • Guaranteed payment
• On 30.05.2021- 16,000,00 EU • Guaranteed payment
A total payment of 210.000,00 Euro will be paid to the football player for season 2020 • 2021
H- Football Season 2020-2021
1. Guaranteed payment & advance payment: Payments (or season 2021 • 2021 (Details or the2
amendment agreement contracted on 18.01.2019 - Revised)
• On 30.06.2021 - 50.000.00 EU • Guaranteed payment
• On 30.08.2021 - 16.000.00 EU • Guaranteed payment
• On 30.09.2021 - 16.000,00 EU • Guaranteed payment
• On 30.10.2021 - 16.000,00 EU • Guaranteed payment
• On 30.11.2021 - 16.000,00 EU • Guaranteed payment
• On 30.12.2021 - 16.000,00 EU • Guaranteed payment
• On 30.01.2022 - 16,000,00 EU • Guaranteed payment
• On 27.02.2022 - 16.000,00 EU • Guaranteed payment
• On 30.03.2022 - 16.000,00 EU • Guaranteed payment
• On 30.04.2022 - 16.000,00 EU • Guaranteed payment
• On 30.05.2022- 16,000,00 EU • Guaranteed payment
A total payment of 210.000,00 Euro will be paid to the football player for season 2021-2022
4. On 4 June 2019, the Claimant sent a letter to the Respondent requesting payment of the total amount of EUR 194,000, corresponding to a partial salary of August 2018 (i.e. EUR 2,000) and the salaries as of September 2018 until May 2019 (i.e. 4*18,000 and 5*24,000).
5. On 15 July 2019, the Claimant sent another letter to the Respondent requesting payment of the total amount of EUR 244,000, adding the advance payment of EUR 50,000 which fell due in the meantime.
6. On 6 December 2019, the Claimant sent a third letter to the Respondent requesting payment of the total amount of EUR 297,500 within 15 days. , corresponding to a partial salary of September 2018 (i.e. EUR 9,500) and the salaries as of October 2018 until November 2019 (i.e. 3*18,000; 5*EUR 24,000; 1*EUR 50,000; 4*EUR 16,000).
7. On 24 December 2019, the legal representative of the Claimant terminated the contractual relationship with the Respondent indicating the following:
2/ By the means of the aforementioned correspondence the Player, through his legal counsel and according to the terms of the Professional football player contract dated 7 June 2016 which contract was amended with pertinent annexes (hereinafter: the Employment contract), i.e. requested from the Club a payment of contractual outstandings in net total of EUR 297,500.00 (two hundred ninety-seven thousand and five hundred euros), broken-down as follows:
net amount of EUR 9,500.00, which matured on 30/9/2078, and
net amount of EUR 78,000.00, which matured on 30/70/2078, and
net amount of EUR 78,000.00, which matured on 30/77/2078, and
net amount of EUR 78,000.00, which matured on 30/72/2078, and
net amount of EUR 24,000.00, which matured on 30/7/2079, and
net amount of EUR 24,000.00, which matured on 28/2/2079, and
net amount of EUR 24,000.00, which matured on 30/3/2079, and
net amount of EUR 24,000.00, which matured on 30/4/2079, and
net amount of EUR 24,000.00, which matured on 30/5/2079, and
net amount of EUR 50,000.00, which matured on 30/6/2079, and
net amount of EUR 76,000.00, which matured on 30/8/2079, and
net amount of EUR 76,000.00, which matured on 30/9/2079, and
net amount of EUR 76,000.00, which matured on 30/10/2079, and
net amount of EUR 76,000.00, which matured on 30/17/2079;
all within 75 days from the date of issuance of the correspondence in question and as specified in the subject correspondence.
3/ However, to this day the Club has not paid the requested sums to the Player, nor produced any answer to the aforementioned default letter of the Player meaning that the Club i.e. did not remedy its defaults towards the Player.
4/ Therefore, the Player shall state that the Club is continuing to heavily breach the Employment contract without just cause and showing huge disrespect towards him as an established professional football player, which behavior of the Club is unacceptable as it heavily jeopardized his carrier and his financial stability.
5/ In this context. the Player, through his legal counsel, sends to the Club this letter as a notice o termination of the Employment contract and informs the Club that he is forced to file a claim to FIFA deciding bodies against the Club and request:
- payment of the above specified contractual outstandings. and
- payment of compensation in accordance with article 77. of FIFA Regulations on the Status and Transfer of Players. and
- imposition of sporting sanctions against the Club. all in the light of FIFA Regulations on the Status and Transfer of Players.
8. The player stated that he signed an employment contract with the Turkish club, Umraniye Spor Kulubu valid as from “January 2020 until 31 May 2021”, which provides for the 2019-2020 season (January-February 2020) a total value of EUR 85,000 and, for the 2020-2021 season (August 2020-May 2021) a total value of EUR 175,000.
9. On 6 March 2020, the player lodged a claim before FIFA against the club.
10. In his claim, the player held that the club failed to comply with its financial obligations for more than one year. Due to the fact that he put the Respondent repeatedly in default, he deems having had just cause to terminate the contract on 24 December 2019.
11. In view of the above, the player formulated the following requests for relief:
I. to ascertain that the Claimant terminated Employment contract signed with the Respondent with just cause; and
II. II. to condemn the Respondent to pay in favor of the Claimant outstanding remuneration of net EUR 309,887.00 (three hundred and nine thousand eight hundred and eighty-seven euros) which matured as follows:
- EUR 9,500.00, on 30/9/2018, and
- EUR 78,000.00, on 30/10/2018, and
- EUR 78,000.00, on 30/17/2018, and
- EUR 78,000.00, on 30/72/2018, and
- EUR 24,000.00, on 30/7/2019, and
- EUR 24,000.00, on 27/2/2019, and
- EUR 24,000.00, on 30/3/2019, and
- EUR 24,000.00, on 30/4/2019, and
- EUR 24,000.00, on 30/5/2019, and
- EUR 50,000.00, on 30/6/2019, and
- EUR 76,000.00, on 30/8/2019, and
- EUR 76,000.00, on 30/9/2019, and
- EUR 76,000.00, on 30/10/2019, and
- EUR 76,000.00, on 30/17/2019, and
- EUR 72,387.00, on 24/12/2079;
within 45 days as from the date of notification of the decision in the matter of the reference to the Respondent; and
III. to condemn the Respondent to pay in favor of the Claimant compensation of net EUR 503,673.00 {five hundred and three thousand six hundred and thirteen euros) which amount matured on 24/72/2079, while at the same time taking into account provision of Article 77. par. 7. of FIFA RSTP, all within 45 days as from the date of notification of the decision in the present matter to the Respondent; and
IV. to condemn the Respondent to pay all relevant taxes and state givings on top of the above mentioned net amounts; and
V. to condemn the Respondent to pay in favor of the Claimant default interest of 5% per year on the aforementioned amounts starting from the respective date of maturity until the effective date of the payment; and
VI. to impose sporting sanctions against the Respondent, all in the light of FIFA
RSTP.
12. In this respect, the player argued that he “was entirely disregarded as a football player by the Club in financial sense, by failure of the Club to comply with financial terms of the Employment contract for more than l year, even though the Player was under valid relationship with the Club and in spite of the fact that it was invited on several occasions to comply with the terms and conditions of the Employment contract,
13. Despite having been invited to do so, the Respondent failed to reply 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 case at hand. Taking into account the wording of art. 21 of the June 2020 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
2. Subsequently, the Dispute Resolution Chamber referred to art. 3 par. 1 of the Procedural Rules and emphasised that, in accordance with art. 24 par. 1 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players, the Dispute Resolution Chamber is competent to deal with matters which concern employment-related disputes with an international dimension between players and clubs, such as the present matter, which involves a Croatian player and a Turkish club.
3. In continuation, the Dispute Resolution Chamber analysed which edition of the Regulations of the Status and Transfer of Players should be applicable to the present matter. In this respect, the Dispute Resolution Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and considering that the claim was lodged on 6 March 2020, the March 2020 edition of the aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at hand.
4. With the above having been established, the Dispute Resolution Chamber entered into the substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the documents contained in the file. However, the Dispute Resolution Chamber emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.
5. In this respect, the Chamber noted that, on 22 December 2015, the parties concluded an employment contract (hereinafter: contract) valid as of 1 June 2016 until 31 May 2020.
6. In addition, the Chamber observed that, on 18 January 2019, the parties concluded an amendment, which modified the financial conditions of the initial contract, as quoted above in section I (“Facts”).
7. Subsequently, the Chamber noted that the claimant lodged a claim before FIFA, arguing that, on 24 December 2019, he terminated the contract with just cause, after having put the club in default for outstanding remuneration.
8. Moreover, the DRC noted that the Respondent failed to present its response to the claim of the Claimant, in spite of having been invited to do so. By not presenting its position to the claim, the DRC was of the opinion that the Respondent renounced its right of defense and, thus, accepted the allegations of the Claimant.
9. Furthermore, as a consequence of the aforementioned consideration, 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 documentation already on file; in other words, upon the statements and documents presented by the Claimant.
10. This being established, the Chamber went on to analyse whether the player had just cause to terminate the contract on 24 December 2019.
11. In this respect, the DRC wished to emphasize that, according to the principle of contractual stability, the unilateral termination of a contract must be considered as an absolute last resort, where, given the particularities of the situation at stake, it could not be expected that one of the parties could reasonably continue to be bound by the contractual relationship. In what concerns financial obligations, one of the consequences of the aforementioned principle is that only a persistent and substantial non-compliance of these obligations could justify the unilateral termination of a contract.
12. In relation to the reasons brought forward by the Claimant to justify the premature termination of the contract, the DRC noted that he previously and on several occasion but the Claimant in default of payment.
13. In this respect, the Chamber took note of the financial conditions of the employment relationship, as quoted in point I. 3 above.
14. With the aforementioned in mind, the DRC examined the claim of the claimant as well as the documentation on file and observed that, under any circumstance and given the evidence provided during the course of the investigation, it could only assume that indeed it was sufficiently established that, in any case, the following amounts corresponding to his remuneration remained as outstanding at the date of termination of the contract:
- EUR 9,500, as partial salary of September 2018;
- Full salaries from October 2018 until November 2019 further detailed as follows
(cf. point I.3 above):
- EUR 54,000, i.e. 3* EUR 18,000, payable between October and December 2019;
- EUR 120,000 5* EUR 24,000, payable between January and May 2019;
- EUR 50,000, for the amount due on 30 June 2019;
- EUR 64,000, i.e. 4*EUR 16,000; payable between August and December 2019;
- EUR 12,387 for 24 worked days in December 2019.
Total: 309,886
15. All in all, the DRC understood that the total amount of EUR 309,887 was due at the date of the termination of the contract.
16. Overall, the DRC considered that the Respondent very significantly neglected its financial obligations towards the Claimant. Consequently, at the date of 24 December 2019, the player could expect that the Respondent was not in a position to reasonably comply with its contractual obligations.
17. As a result, the DRC established that the player terminated the contract with just cause and that the Respondent is to be held liable for the early termination of the contract with just cause by the player.
18. Therefore, and before entering into the consequences of the early termination of the contract, the DRC understood that the Claimant is entitled to his outstanding remuneration due until the early termination of the contract.
19. In this respect, the DRC observed, as already mentioned above, that at the date of the termination of the contract, the total amount of EUR 309,886 was outstanding.
20. Consequently, in strict application of the principle of pacta sunt servanda, the DRC established that the Respondent has to pay to the Claimant, the total outstanding amount of EUR 309,886, as observed in the previous paragraphs and as agreed in the contract concluded between the parties.
21. In continuation, the DRC decided that, taking into consideration art. 17 par. 1 of the Regulations, the Claimant is entitled to receive from the Respondent compensation for breach of contract in addition to any outstanding remuneration on the basis of the relevant employment contract.
22. As a result, the DRC went on to examine the (financial) consequences of the early termination of the contract and, in particular, the calculation of the payable compensation.
23. In this context, the DRC outlined that, in accordance with said provision, the amount of compensation shall be calculated, in particular and unless otherwise provided for in the contract at the basis of the dispute, with due consideration for the law of the country concerned, the specificity of sport and further objective criteria, including, in particular, the remuneration and other benefits due to the Claimant under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, and depending on whether the contractual breach falls within the protected period. The DRC further noted that, following art. 17 par. 1 of the Regulations, in case the player did not sign any new contract following the termination of his previous contract, as a general rule, the compensation shall be equal to the residual value of the contract that was prematurely terminated.
24. In application of the relevant provision, the DRC held that it firstly had to clarify whether the pertinent employment contract contained any clause, by means of which the parties had beforehand agreed upon a compensation payable by the contractual parties in the event of breach of contract. In this regard, the DRC established that no such compensation clause was included in the employment contract at the basis of the matter at stake.
25. Subsequently, and in order to evaluate the compensation to be paid by the Respondent, the DRC took into account the remuneration due to the Claimant in accordance with the employment contract as well as the time remaining on the same contract, along with the professional situation of the Claimant after the early termination occurred. In this respect, the DRC pointed out that at the time of the termination of the employment contract, the contract would run until 31 May, i.e., for which the player would still have to receive the total amount of EUR 503,613 (i.e. EUR 210,000*2 for the 2020-2021 and 2021-2022 season + 5*EUR 16,000 as the remaining salaries from January 2020 until May 2020 for the 2019-2020 season + EUR 3,613 calculated pro-rata for the December 2019 residual salary). As a result, the Chamber considered that the amount of EUR 503,613 shall serve as the basis for the calculation of the payable compensation.
26. In continuation, the DRC verified as to whether the Claimant had signed an employment contract with another club during the relevant period of time, by means of which he would have been enabled to reduce his loss of income. According to the constant practice of the DRC, such remuneration under a new employment contract shall be taken into account in the calculation of the amount of compensation for breach of contract in connection with Claimant’s general obligation to mitigate his damages.
27. In this respect, the DRC took note that, in accordance with the Claimant’s allegations, the latter concluded an employment contract with the Turkish club Umraniye Spor Kulubu valid as from “January 2020 until 31 May 2021”, which provides for the 2019-2020 season (January-February 2020) a total value of EUR 85,000 and, for the 2020-2021 season (August 2020-May 2021) a total value of EUR 175,000. Thus, the Chamber understood that, for the overlapping period as from 1 January 2020 until 31 May 2020, this contract amounts to EUR 85,000.
28. As a consequence, and bearing in mind that the Claimant had been able to mitigate damages for the amount of EUR 85,000, the Chamber understood that, at this stage, the payable compensation would correspond to EUR 418.613, i.e. 503,613-85,000.
29. In addition, the Chamber referred to the contents of art. 17 par. 1. ii of the contract, which stipulates that “subject to the early termination of the contract being due to overdue payables, in addition to the Mitigated Compensation, the player shall be entitled to an amount corresponding to three monthly salaries (the “Additional Compensation”). In case of egregious circumstances, the Additional Compensation may be increased up to a maximum of six monthly salaries. The overall compensation may never exceed the rest value of the prematurely terminated contract.”
30. In this respect, the Chamber noted, following the contract and its amendment, the amount of 3 monthly salaries (salary at the moment of termination) would correspond to EUR 48,000. i.e. 3 * EUR 16,000.
31. In view of the above, the DRC calculated the amount of payable compensation to the total of EUR 466,613 (i.e. 418,613+48,000).
32. In view of the above, the DRC concluded by deciding that the Respondent has to pay the total amount of EUR 466,613 to the Claimant, as compensation for breach of contract without just cause, which is grounded on the basis of the contract, the jurisprudence of the DRC and the applicable regulations.
33. Moreover, taking into account the Claimant’s request and the longstanding jurisprudence in this regard, the DRC decided to award 5% interest p.a. over the outstanding amount as from the due dates, and 5% interest p.a. as from the date of the claim for the compensation.
34. Furthermore, taking into account the previous considerations, the Dispute Resolution Chamber 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.
35. In this regard, the Dispute Resolution Chamber 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.
36. Therefore, bearing in mind the above, the Dispute Resolution Chamber decided that, in the event that the Respondent does not pay the amounts 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.
37. Finally, the Dispute Resolution Chamber 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.
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, Tomislav Glumac, is partially accepted.
2. The Respondent, Balikesilspor Kulübü, has to pay to the Claimant EUR 309,887 as outstanding remuneration plus 5% interest p.a. as follows:
- on EUR 9,500 as from 1 October 2018 until the date of effective payment;
- on EUR 18,000 as from 31 October 2018 until the date of effective payment;
- on EUR 18,000 as from 1 December 2018 until the date of effective payment;
- on EUR 18,000 as from 31 December 2018 until the date of effective payment;
- on EUR 24,000 as from 31 January 2019 until the date of effective payment;
- on EUR 24,000 as from 28 February 2019 until the date of effective payment;
- on EUR 24,000 as from 31 March 2019 until the date of effective payment;
- on EUR 24,000 as from 1 May 2019 until the date of effective payment;
- on EUR 24,000 as from 31 May 2019 until the date of effective payment;
- on EUR 50,000 as from 1 July 2019 until the date of effective payment;
- on EUR 16,000 as from 31 August 2019 until the date of effective payment;
- on EUR 16,000 as from 1 October 2019 until the date of effective payment;
- on EUR 16,000 as from 31 October 2019 until the date of effective payment;
- on EUR 16,000 as from 1 December 2019 until the date of effective payment;
- on EUR 12,387 as from 25 December 2019 until the date of effective payment.
2. The Respondent has to pay to the Claimant EUR 466,613 as compensation for breach of contract plus 5% interest p.a. as from 6 March 2020 until the date of effective payment.
3. Any further claims of the Claimant are rejected.
4. 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.
5. 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).
6. 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.
For the Dispute Resolution Chamber:
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:
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