F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2020-2021) – fifa.com – atto non ufficiale – Decision 16 February 2021

Decision of the

Dispute Resolution Chamber

passed on 16 February 2021

regarding an employment-related dispute concerning the player Fernando Vicente Gaibor Orellana

COMPOSITION:

Clifford J. Hendel (USA), Deputy Chairman Michelle Colucci (Italy), member Todd Durbin (USA), member

CLAIMANT:

FERNANDO VICENTE GAIBOR ORELLANA, Ecuador

Represented by Mr. Daniel Mario Crespo

RESPONDENT:

ATLETICO INDEPENDIENTE, Argentina Represented by Mr. Ariel Reck

I. FACTS OF THE CASE

1. On 29 January 2018, the Ecuadorian player, Fernando Vicente Gaibor Orellana (hereinafter: the player or the Claimant), and the Argentinian club, Club Atlético Independiente (hereinafter: the club or the Respondent) concluded an employment contract as well as a document titled “Acuerdo complementario e integrante del contrato de trabajo que se registra en AFA” (hereinafter cumulatively referred to as: the contract) valid as from the date of its signature until 31 December 2022.

2. In accordance with clause 3 of the contract, the club undertook to pay to the player, inter alia, the following fixed remuneration:

For the season 2018:

- ARS 6,000,0000 divided into 12 salaries of ARS 500,000 (USD 25,641) each;

- ARS 500,000 as “supplementary annual salary”;

- USD 450,408, as sporting trajectory fee, divided into 12 instalments of USD 37,534 each;

- USD 153,061 as lump sum, payable on 15 February 2018.

For the season 2019:

- ARS 6,374,400 divided into 12 salaries of ARS 531,200 (USD 27,244) each;

- ARS 531,200 as “supplementary annual salary”.

- USD 478,560, as sporting trajectory fee, divided into 12 instalments of USD 39,880 each;

- USD 162,627 as lump sum, payable on 30 January 2019.

3. Clause 4 of the contract stipulates that the amount of the player’s remuneration would be paid in USD currency. The said clause further provides that, according to Argentinean law, the amount shall be paid in ARS as per the exchange rate of the day before the due date and the club undertakes the risk of the fluctuation of the ARS guaranteeing that the player should receive the amount agreed upon in USD.

4. According to the information displayed in the Transfer Matching System (TMS), the player was transferred on loan from the Respondent to the Emirati club, Al Wasl SC, for the period between 1 July 2019 and 30 June 2020, against payment of a fixed transfer compensation in the amount of USD 450,000, which was payable by 30 July 2019.

5. On 6 March 2020, the player put the club in default of payment in the amount of USD 520,229, plus interest, granting the latter a 15 days´ deadline to remedy the default, amount broken down by the player as follows:

- USD 415,229 as outstanding remuneration;

- USD 105,000 corresponding to 15% of the loan fee paid by Al Wasl SC to the Respondent.

6. On 13 April 2020, the player lodged a claim against the club before FIFA, requesting outstanding remuneration in the amount of USD 520,229, plus interest, broken down by the player as follows:

- USD 108,976, corresponding to the monthly salaries of April, May and June 2019;

- USD 106,853 for the player’s sports career, due on 30 January 2019;

- USD 199,400, corresponding to 5 instalments for the player’s sport career, due on 15 February, 15

March, 15 April, 15 May and 15 June 2019;

- USD 105,000 corresponding to 15% of the gross transfer fee paid by Al Wasl SC to the Respondent

in connection with the loan of the player from the latter to the former.

7. In his claim, the player held that the club did not comply with its financial obligations deriving from the signature of the employment contract, that is, to pay the player’s remuneration in full and in a timely manner. According to the player, by 30 June 2019, the amount of USD 415,229 remained outstanding, as well as the amount of USD 105,000 corresponding to 15% of the transfer compensation paid by Al Wasl SC to the Respondent (cf. point I.8 below).

8. In respect to the requested amount of USD 105,000, the player provided a collective bargaining agreement concluded between the Argentine Soccer Players Union (FAA) and the Argentine Football Association (AFA) (“Acuerdo Complementario e integrante del contracto de trabajo que se registrata en AFA”), which was an integral part of the contract and which clause 8 stipulates that, in the event of a subsequent temporary or permanent transfer of the player to a third club, the player has the right to perceive 15% of the agreed transfer compensation. As per the player, the Respondent and Al Wasl SC agreed upon a transfer fee of USD 700,000 and, consequently, he would be entitled to receive USD 105,000 (15% of USD 700,000).

9. In its reply to the claim, the Respondent denied that the player’s salaries for March and April 2019, the sports career fee for January, February, March, April and May 2019 and the percentage of a future transfer compensation remained unpaid. The club claims that the only amounts still outstanding are the salaries for May and June 2019 (ARS 531,200 x 2 months), as well as his sports career fee for June 2019 (USD 39,880).

10. In this respect, the club provided, inter alia, the following documentation:

- a snapshot of a bank statement which indicates the payment of the amount of Argentinean Peso (ARS) 628,773.14 to the player on 8 April 2019 (approx. USD 14,313 on that date);

- a snapshot of a bank statement which indicates the payment of the amount of ARS 641,273.14 to the player on 18 June 2019 (approx. USD 14,600 on that date);

- a document issued by the club, not signed by the player, for ARS 628,773.14 on 1 April 2019;

- a document issued by the club, not signed by the player, for ARS 641,273.14 on 29 April 2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 649,862.18 to the player on 18 June 2019 (approx. USD 14,796 on that date), for the sports career fee 04/2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 865,577.83 to the player on 25 June 2019 (approx. USD 20,290 on that date), for the sports career fee 04/2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 874,166.86 to the player on 27 May 2019 (approx. USD 19,438 on that date), for the sports career fee 03/2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 1,515,440 to the player on 14 April 2019 (approx. USD 35,923 on that date), for the sports career fee 02/2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 1,515,440 to the player on 19 March 2019 (approx. USD 37,927 on that date), for the sports career fee 01/2019;

- a snapshot of a bank statement which indicates the payment of the amount of ARS 641,273.14 to the player on 17 May 2019 (approx. USD 14,282 on that date), for the sports career fee 03/2019.

11. Moreover, the club denies that any of these payments were meant to offset previous debts.

12. The club also indicates that, before March 2020, the player had never informed it of the existence of any outstanding remuneration. It further refers to clause 4 of the contract, according to which his remuneration was payable in Argentinean Pesos (ARS) and not in USD, as he requests.

13. The club also claims that the player already received the percentage of the fee paid in connection with his loan to Al Wasl, and indicates that this is a pre-requisite for the loan or transfer to be executed. Thus, the Respondent argued that this amount was uncontestably paid before he went on loan. In this respect, the club provided a copy of a document issued by the Argentinean Players’ Union (Futbolistas Argentinos Agremiados) in which it is stated that the amount of ARS 1,904,175 (approx. USD 44,913), corresponding to the percentage due to him for his loan to Al Wasl (ARS 2,929,500) (approx. USD 69,097) minus the income tax (ARS 1,025,325), was paid to him. The document dated 22 July 2019 states that the obligation of clause 8 of the collective bargaining agreement is considered as complied with and this serves as an official confirmation of the bank transfer.

14. Finally the club concludes that only the following amounts should be awarded to the player:

- Salary of May 2019: ARS 531,200;

- Salary of June 2019: ARS 531,200;

- Sport career fee June 2019: USD 39,880.

15. On 17 July 2020, the club informed FIFA that it paid to the player the additional amount of ARS 3,973,240 on 16 July 2020 (approx. USD 55,740.80), corresponding to the only amounts it deems to owe the player, i.e. his salaries of May and June 2019 (ARS 531,200 each) and the sport career fee of June 2019 (USD 39,880). Thus, the club requested the closure of the present case as it deemed it as settled.

16. Requested to comment on the alleged additional payments made by the club, the player indeed acknowledged receipt of the aforementioned amount of ARS 3,973,240 on 16 July 2020, but claims that the amount of USD 499,007.91 is still due to him.

17. The player also refers to the bank statements provided by the club in its reply and acknowledges having received the following payments:

- ARS 628,773.14 on 8 April 2019 (approx. USD 14,313 on that date);

- ARS 641,273.14 on 18 June 2019 (approx. USD 14,600 on that date);

- ARS 649,862.18 on 18 June 2019 (approx. USD 14,796 on that date), for the sports career fee 04/2019;

- ARS 865,577.83 on 25 June 2019 (approx. USD 20,290 on that date), for the sports career fee 04/2019;

- ARS 874,166.86 on 27 May 2019 (approx. USD 19,438 on that date), for the sports career fee 03/2019; - ARS 1,515,440 on 14 April 2019 (approx. USD 35,923 on that date), for the sports career fee 02/2019;

- ARS 1,515,440 on 19 March 2019 (approx. USD 37,927 on that date), for the sports career fee 01/2019;

- ARS 641,273.14 on 17 May 2019 (approx. USD 14,282 on that date), for the sports career fee 03/2019.

18. The following 2 payments, however, were not acknowledged by the player:

- a document issued by the club, not signed by the player, for ARS 628,773.14 on 1 April 2019; (not acknowledged);

- a document issued by the club, not signed by the player, for ARS 641,273.14 on 29 April 2019; (not acknowledged)

19. The player indicates that such payment receipts refer to older debts settled by the club in an irregular manner.

20. The player further indicates that the club’s lack of organisation is clear, as it even forgets to mention two additional payments effectively made to him in USD, namely USD 10,000 on 12 November 2019 and USD 40,000 on 31 May 2019.

21. The player points out that the confusion caused by the club is due to the fact that it only provides proof regarding payments made as from March 2019 and not as from January 2018. Thus, stressed the player, it did not manage to discharge its burden of proof.

22. Finally, the player claims that the amount of USD 499,007.91 is still due to him as outstanding remuneration as per the contract (USD 394,007.91), as well as the 15% of the loan fee paid by Al Wasl SC to the Respondent (USD 105,000). He also requests the payment of interest of 5% p.a. as from 1 July 2019.

23. In view of the fact that, on the one hand, the club insists on having paid to the player all outstanding salaries and that, on the other hand, the player deems that the payments indicated by the club in its first answer referred to the late and irregular settling of older debts (not claimed in these proceedings), the Chamber decided to award the club a short deadline to provide proof of payment of all amounts due to the player as per the contract, which are not being currently claimed.

24. In reply to this request, the club did not provide any evidence of payment of the older debts. Firstly, it insists that the player amended his claim in his comments on the payments and that the club did not have the chance to properly reply to that. It points out that the player acknowledged the additional payment made in July 2020 and as such all debts towards him have been settled and the claim should be rejected.

25. The club also claims that the player has used a wrong exchange rate for his conversions and therefore the amounts claimed are incorrect, with a difference of 5% to 10%. It also claims that the losses due to the fluctuation of the Argentinean Peso should only be calculated and adjusted at the end of the season.

26. The club further claims that “all salaries and trayectoria were paid and any amount arises only out of potential differences in relation to the applicable exchange rate for the payments in pesos each month. Since the matter was not claimed as such in the original claim, it is impossible for Independiente to calculate each payment for each month in only 5 days. It is also impossible to check all the payments made since 2018 in just 5 days. We have demonstrated with just 3 examples, that the rate applied by the player was wrong and that amounts to a difference of usd 4.000.- in just 3 payments!”.

II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER

1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or the Chamber) analyzed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 13 April 2020 and was submitted for decision on 16 February 2021. Taking into account the wording of art. 21 of the January 2021 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 DRC referred to art. 3 par. 1 and 2 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players, the DRC is competent to deal with the matter at stake, which concerns an employment–related dispute with an international dimension.

3. In continuation, the Chamber analysed which regulations should be applicable as to the substance of the matter. In this respect, the DRC confirmed that, in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (February 2021 edition), and considering that the claim was lodged on 13 April 2020, the March 2020 edition of the aforementioned regulations (hereinafter: the 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 Chamber 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 submitted by the parties. However, the DRC 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. Entering into the substance of the matter-at-hand, the DRC recalled that the parties concluded an employment contract, valid as from 29 January 2018 until 31 December 2020; and that, during the course of the contract, the player was transferred –on loan– from the Respondent to Al Wasl SC for the period between 1 July 2019 and 30 June 2020.

6. The above being clarified, the Chamber observed that the player lodged a claim against the club before FIFA on 13 April 2020 and that, in his request for relief, the player requested to be awarded outstanding remuneration in the total amount of USD 520,220, plus interest, broken down by the player as follows:

- USD 108,976, corresponding to the monthly salaries of April, May and June 2019;

- USD 106,853 for the player’s sports career, due on 30 January 2019;

- USD 199,400, corresponding to 5 instalments for the player’s sport career, due on 15 February, 15

March, 15 April, 15 May and 15 June 2019;

- USD 105,000 corresponding to 15% of the transfer fee paid by Al Wasl SC to the Respondent in

connection with the loan of the player from the latter to the former.

7. In particular, the Chamber noted that the player was not only requesting outstanding moneys due to him accordance with the contract concluded between the parties (USD 415,229), but also an amount of USD 105,000, which allegedly corresponds to 15% of the amount paid by Al Wasl SC to the Respondent as transfer compensation regarding the transfer on loan of the player. In this regard, the DRC observed that the player provided an agreement titled “Acuerdo Complementario e integrante del contracto de trabajo que se registrata en AFA” which clause 8 grants the right to the player to participate in a percentage equal to 15% of the gross transfer compensation payable by a third club to the Respondent, should the latter transfer the player –on a permanent or temporary basis– to a third club.

8. In this context, the Chamber noted that, in its reply to the claim, the club presented several bank statements allegedly proving the payment of:

1.) the player’s salaries for March and April 2019;

2.) the sports career fee for January, February, March, April and May 2019;

3.) the percentage of a future transfer.

9. Thus, the Chamber noted that, as per the club, the only amounts still outstanding are the salaries for May and June 2019 (ARS 531,200 x 2 months), as well as his sports career fee for June 2019 (USD 39,880).

10. In addition, the DRC acknowledged that, whereas the player claims that the payment receipts provided by the club refer to the settlement of older debts of the club, the latter rejects said allegation and states that the player did not specify which previous debts he referred to and deems that the documentation provided proves the payment of the amounts indicated by the club, which leads to the conclusion that the only amounts due to the player are the aforementioned ones.

11. In this point, after having carefully analysed all the documentation submitted by the parties, the DRC determined that, as per the contract, the player should have received the following amounts during the relevant seasons:

A. Salaries:

For the season 2018: ARS 9,511,694 (13 instalments of ARS 500,000 (USD 25,641), the monthly salary for January 2018 is calculated pro-rata):

- Jan/18 (pro rata): ARS 477,849 / 31 x 3 = ARS 46,243

- Feb/18: ARS 517,399

- Mar/18: ARS 515,354

- Apr/18: ARS 526,165

- May/18: ARS 637, 951

- Jun/18: ARS 729,260

- Jul/18: ARS 699,901

- Aug/18: ARS 924,655

- Sep/18: ARS 1,058,660

- Oct/18: ARS 945,520

- Nov/18: ARS 978,202

- Dec/18: ARS 966,192

- 13th salary: ARS 966,192

For the season 2019: ARS 7,443,110 (13 instalments of ARS 531,200 (USD 27,244).

- Jan/19: ARS 1,024,130

- Feb/19: ARS 1,057,770

- Mar/19: ARS 1,181,190

- Apr/19: ARS 1,233,140

- May/19: ARS 1,211,140

- Jun/19: ARS 1,157,160

- ½ of 13th salary: ARS 578,580

(player on loan with Al Wasl as from 1 July 2019)

B. Sporting trajectory fees:

For the season 2018: ARS 17,070,507

- USD 153,061 on 15 February 2018: ARS 3,056,690

- USD 37,534 due on 15 March 2018: ARS 758,292

- USD 37,534 due on 15 April 2018: ARS 758,343

- USD 37,534 due on 15 May 2018: ARS 894,872

- USD 37,534 due on 15 June 2018: ARS 1,005,250

- USD 37,534 due on 15 July 2018: ARS 1,022,790

- USD 37,534 due on 15 August 2018: ARS 1,117,500

- USD 37,534 due on 15 September 2018: ARS 1,487,570

- USD 37,534 due on 15 October 2018: ARS 1,372,180

- USD 37,534 due on 15 November 2018: ARS 1,351,050

- USD 37,534 due on 15 December 2018: ARS 1,424,540

- USD 37,534 due on 15 January 2019: ARS 1,387,050

- USD 37,534 due on 15 February 2019: ARS 1,434,380

For the season 2019: ARS 14,328,800

- USD 162,627 on 30 January 2019: ARS 6,059,680

- USD 39,880 due on 15 February 2019: ARS 1,524,030

- USD 39,880 due on 15 March 2019: ARS 1,524,030

- USD 39,880 due on 15 April 2019: ARS 1,681,800

- USD 39,880 due on 15 May 2019: ARS 1,796,930

- USD 39,880 due on 15 June 2019: ARS 1,742,330

12. In view of the above, the Chamber deemed that, for the period during which the contract was in force, the player was entitled to receive from the club salaries and sporting trajectory fees in the total amount of ARS 48,354,111 (9,511,694 + 7,443,110 + 17,070,507 + 14,328,800 = 48,354,111).

13. In this respect, the Chamber noted that the player acknowledged having receipt several payments from the Respondent. In particular, the DRC noted that, as per the player, he received from the Respondent –in total– the amounts of ARS 13,678,715.20 and USD 277,309.8, as follows:

- ARS 628,773.14 on 8 April 2019 (approx. USD 14,313 on that date);

- ARS 641,273.14 on 18 June 2019 (approx. USD 14,600 on that date);

- ARS 649,862.18 on 18 June 2019 (approx. USD 14,796 on that date), for the sports career fee 04/2019;

- ARS 865,577.83 on 25 June 2019 (approx. USD 20,290 on that date), for the sports career fee 04/2019;

- ARS 874,166.86 on 27 May 2019 (approx. USD 19,438 on that date), for the sports career fee 03/2019;

- ARS 1,515,440 on 14 April 2019 (approx. USD 35,923 on that date), for the sports career fee 02/2019;

- ARS 1,515,440 on 19 March 2019 (approx. USD 37,927 on that date), for the sports career fee 01/2019;

- ARS 641,273.14 on 17 May 2019 (approx. USD 14,282 on that date), for the sports career fee 03/2019;

- USD 10,000 on 12 November 2019 (approx. ARS 595,459 on that date);

- USD 40,000 on 31 May 2019 (approx. ARS 1,778,210 on that date);

- ARS 3,973,240 on 16 July 2020 (approx. USD 55,740.80 on that date),

14. The above being stressed, the Chamber referred to art. 12 para. 3 of the Procedural Rules and held that the burden of the proof regarding having proceeded with the correct payment of the player’s financial entitlements lies on the club. In this respect, the Chamber noted that the club claims not having any older debts towards the player, settled through later payments; however –continued the Chamber–, the club failed to present evidence regarding having proceeded with the full amount due to him during the contract. In addition, the Chamber wished to emphasize that the aforesaid is confirmed by the fact that the payment receipts provided by the club and acknowledged by the player amount, in total, to a much lower amount than the one that should have been paid to the player as per the contract.

15. Furthermore, the Chamber noted that –in fact–, the player requests, as outstanding remuneration, a much lower amount than the one reached by the Chamber when calculating the total amount due as per the contract and the total amount paid by the club to the player.

16. The aforesaid leads to the assumption –continued the DRC– that the club even failed to provide evidence of further payments effectively made to the player, which are not being claimed by the latter and therefore, lacks of relevance in the present proceedings.

17. In addition, the Chamber recalled that, according to the player, by 30 June 2019, the amount of USD 415,229 remained outstanding; amount broken down as follows:

- USD 108,976, corresponding to the monthly salaries for April, May and June 2019;

- USD 106,853 for the player’s sports career, which had to be paid on 30 January 2019;

- USD 199,400, corresponding to five instalments for the player’s sport career, which had to be paid on 15 February, 15 March, 15 April, 15 May and 15 June 2019.

18. Moreover, the Chamber observed that, in his latest correspondence, the player acknowledged receipt of a further amount of ARS 3,973,240, received by the player on 16 July 2020, which amounts to approx. USD 55,740.80.

19. In this context, the DRC highlighted that, regarding the amount requested by the Claimant as salaries due to him, i.e. the salaries of April, May and June 2019, in the total amount of ARS 3,601,440, are to be considered as fully paid by the Respondent, since the latter proved that –on 16 July 2020–, it made a payment of ARS 3,973,240 in favour of the Claimant. What is more –stressed the Chamber–the said payment exceeded the amounts due to the player as outstanding salaries and, thus, the surplus is to be considered in order to offset the amounts due to the player as sporting career fees.

20. As to the amounts due to the player as sporting career fees –continued the Chamber–, the player would in principle be entitled to receive: the instalment payable on 30 January 2019, which was partially unpaid, in the amount of USD 106,853 and the instalments due on 15 February, 15 March, 15 April, 15 May and 15 June in the amount of USD 39,880 each, which payment was not proved by the Respondent. In this regard, the Chamber stressed that the said amounts, when summed up, reach the figure of USD 306,253, which equals ARS 14,328,800 (cf. point II.11 B above). Nevertheless, the Chamber acknowledged that the Respondent made a further payment of ARS 371,800 in favour of the player, which shall offset the financial entitlements due to the latter. In view of all of the above, the Chamber determined that the club was in default of payment of the amount of ARS 13,957,000 (14,328,800 – 371,800 = 13,957,000).

21. In connection with the amount of USD 105,000 requested by the player as the percentage of the loan transfer compensation due to him as per the collective bargaining agreement (15% gross of the total loan transfer compensation), which is an integral part of the employment contract, the Chamber deemed that the document presented by the Respondent constitutes enough evidence in order to demonstrate that the payment of such amount was made to the player. In particular, the Chamber noted that the payment made by the Respondent amounted to USD 44,913 net, which equals USD 69,097 gross approximately. In this respect, the DRC wished to point out that, according to TMS, the loan transfer compensation paid by Al Wasl to the Respondent amounted to USD 450,000 and not to USD 700,000, as alleged by the Claimant. In this regard –explained the Chamber–, given that the entitlement of the player is to receive 15% of USD 450,000, which equals USD 67,500, the Chamber determined that the payment of USD 44,913 net (approx. USD 69,097 gross) made by the Respondent (as proved by the document issued by the Argentinean Players´ Union) corresponds to the percentage of participation of the Claimant in the transfer compensation received by the Respondent. Thus, concluded the Chamber, the request of the Claimant regarding the aforesaid consideration must be rejected.

22. In view of all of the above, the DRC concluded that the Claimant shall be awarded outstanding remuneration in the amount of USD 13,957,000 (cf. point II. 20 above), in application of the general principle of law: pacta sunt servanda.

23. In addition, taking into account the Claimant’s claim, as well as the DRC’s longstanding jurisprudence in this respect, the DRC decided to award the Claimant interest of 5% interest p.a. on the amount of ARS 13,957,000 as from 1 July 2019 (the Claimant himself limited the dies a quo for the calculation of the default interest to 1 July 2019, even though the amounts to which he is entitled fell due before – hence, in order not to contravene the principle of ultra petita, the Chamber decided to grant default interest on the outstanding amounts as from the aforementioned date), until the date of effective payment, as requested by the Claimant.

24. Furthermore, taking into account the consideration under number II./3. above, the DRC referred to para. 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.

25. In this regard, the DRC 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.

26. Therefore, bearing in mind the above, the DRC 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.

27. Finally, the DRC 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.

28. The DRC concluded his deliberations in the present matter stipulating that any further claim from the Claimant is rejected and that the claim is partially accepted.

III. DECISION OF THE DRC

1. The claim of the Claimant, Fernando Vicente Gaibor Orellana, is partially accepted.

2. The Respondent, Atlético Independiente, has to pay to the Claimant, the following amount:

- Argentinean Pesos (ARS) 13,957,000 as outstanding remuneration plus 5% interest p.a. as from 1 July 2019 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.

7. The decision is rendered free of costs.

For the DRC:

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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