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 13 January 2021

Decision of the

DRC Judge

passed on 13 January 2021,

regarding an employment-related dispute concerning the player Gabriel Debeljuh

BY:

Jon Newman (USA), DRC Judge

CLAIMANT:

Gabriel Debeljuh, Croatia

Represented by Mr Hrvoje Raić and Mr Ivan Ostojić

RESPONDENT:

AFC Hermannstadt, Romania

I. FACTS OF THE CASE

1. On 1 July 2019, the Croatian player, Gabriel Debeljuh (hereinafter: Claimant or player) and the Romanian club, AFC Hermannstadt (hereinafter: Respondent or club) signed an employment contract (hereinafter: contract) valid as from the date of signature until 30 June 2022.

2. According to the contract, the Respondent undertook to pay the Respondent, inter alia, the following monies:

- EUR 2,000 as monthly salary between 1 July 2019 until 30 June 2020, due on 25th day of each month;

- EUR 2,500 as monthly salary between 1 July 2020 until 30 June 2021 due on 25th day of each month.

3. On 13 August 2020, the Claimant put the Respondent in default and requested payment of EUR 13,400, corresponding to outstanding salaries (EUR 4,000; May/June 2020) as well as a “participation bonus” (EUR 9,400), within 15 days.

4. On 6 October 2020, the player lodged a claim against the club, requesting payment of EUR 15,590 as follows:

- EUR 4,000 corresponding to his salaries of May and June 2020;

- EUR 2,500 corresponding to his salary of July 2020;

- EUR 1,290 corresponding to his salary of August 2020 (pro-rata until 17 August 2020);

- EUR 7,800 corresponding to his “participation bonus”.

Furthermore, the Claimant requests payment of 5% interest p.a. as of the respective due dates.

5. In his claim, the player maintained that he was transferred to CFR Cluj on 17 August 2020 and that the above-mentioned monies remained unpaid.

6. Furthermore, according to the player, he was entitled to a “participation bonus”, giving him the right to claim EUR 200 per point won if the club finished the season ranked higher than the 9th position. In this regard, the player submitted a list of the matches played and proof that the club finished 8th during the season 2019/2020.

7. In its reply, the club rejected the claim and argued that the “financial obligations” were “extinguished” when the player was transferred to CFR Cluj.

8. In this regard, the club referred to the Regulations of the Romanian Football Federation, according to which “any contractual obligations of the transferor club towards the player transferred definitely […] ceases on the transfer date, except obligations laid down in the transfer agreement and in the additional acts concluded to this agreements”.

II. CONSIDERATIONS OF THE DRC JUDGE

1. First of all, the Dispute Resolution Chamber judge (hereinafter also referred to as DRC 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 October 2020 and submitted for decision on 13 January 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 June 2020 edition of the Procedural Rules is applicable to the matter at hand.

2. Subsequently, 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 January 2021), he is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player and club.

3. Furthermore, the DRC judge 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 2 of the Regulations on the Status and Transfer of Player (edition January 2021), and considering that the present claim was lodged on 6 October 2020, the October 2020 edition of said regulations (hereinafter: the 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 submitted by the parties. However, the DRC judge 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. In particular, the DRC judge recalled that in accordance with art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within the scope of proceedings pertaining to the application of the Regulations, any documentation or evidence generated or contained in the Transfer Matching System (TMS).

5. Having said this, the Chamber proceeded with an analysis of the circumstances surrounding the present matter, the parties’ arguments as well the documentation on file, bearing in mind art. 12 par. 3 of the Procedural Rules, in accordance with which any party claiming a right on the basis of an alleged fact shall carry the burden of proof.

6. First of all, the members of the Chamber acknowledged that, on 1 July 2019, the player and the club had concluded an employment contract valid as from the date of its signature until 30 June 2022, according to which the Respondent undertook to pay the Claimant, inter alia, a monthly salary of EUR 2,000 during the season 2019/2020 and EUR 2,500 during the season 2020/2021.

7. In this context, the DRC judge took note of the player’s claim maintaining that the club failed to remit his salaries for May until July 2020 as well as a partial salary for August 2020 and a “participation bonus” in the total amount of EUR 15,590.

8. The DRC judge further noted that the club, for its part maintained having complied with its financial obligations while referring to Regulations of the Romanian Football Federation, according to which no obligations remain when a player is transferred.

9. Having said this, the DRC judge acknowledged that the Respondent did not dispute the outstanding dues as such but argued that the player was no longer entitled to claim it after being transferred.

10. On account of the above, the DRC judge concluded to reject the argumentation of the club since the player has not signed any document waiving his remuneration.

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 the outstanding remuneration with sufficient documentary evidence.

12. On account of the aforementioned considerations, the DRC judge established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 7,790, corresponding to the salaries of May, June, July 2020 as well as partially August 2020.

13. Furthermore, the DRC rejected the player’s claim for the “participation bonus” as there is no such provision in the contract.

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 the total amount of EUR 7,790.

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 7,790 as of the respective due dates.

16. Furthermore, taking into account the consideration under number II./3. above, the DRC 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.

17. In this regard, the DRC 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.

18. Therefore, bearing in mind the above, the DRC judge 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.

19. Finally, the DRC 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.

20. The DRC judge rejected any further claim of the Claimant.

III. DECISION OF THE DRC JUDGE

1. The claim of the Claimant, Gabriel Debeljuh, is partially accepted.

2. The Respondent, AFC Hermannstadt, has to pay to the Claimant, the following amounts as outstanding remuneration:

- EUR 2,000 plus 5% interest p.a. as from 26 May 2020 until the date of effective payment.

- EUR 2,000 plus 5% interest p.a. as from 26 June 2020 until the date of effective payment.

- EUR 2,500 plus 5% interest p.a. as from 26 July 2020 until the date of effective payment.

- EUR 1,290 plus 5% interest p.a. as from 18 August 2020 until the date of effective payment.

3. Any further claim of the Claimant is 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 DRC judge:

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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