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 3 July 2020

Decision of the

DRC Judge

passed via videoconference, on 3 July 2020,

regarding an employment-related dispute concerning the player

Facundo Andrés CASTILLÓN

BY:

Philippe Diallo (France), DRC Judge

CLAIMANT:

FACUNDO ANDRÉS CASTILLÓN, Argentina

Represented by Mr. Diego Martin Agosti

RESPONDENT:

LEVADIAKOS FOOTBALL CLUB, Greece

I. FACTS

1. The parties concluded a contract on 26 August 2019, valid as from the date of signature until 20 June 2020.

2. On 23 December 2019, the parties concluded a settlement agreement stipulating the following:

“ (...) III. For the above mentioned end of contract and end off any financial differences between them, the football player will receive the amount of 6.500 (six thousand five hundred) Euros as compensation.”

3. On 10 January 2019, the player sent a default notice to the club, indicating the following:

“Dear Sir, I am writing this email to formally request the payment of 6.500 EUR agreed in clause III and IV of the private agreement signed in Livadia on December 23, 2019.

The payment should have been made on January 1, 2020 and takes 10 days late, we request the urgent deposit of the agreed amount.

4. On 5 March 2020, the player lodged a claim before FIFA and requested the payment of EUR 6,500, as indicated in the termination agreement, plus 5% interest p.a. as from 1 January 2020 (i.e. the due date).

5. On 18 March 2020, FIFA notified the claim to the Respondent, granting a deadline until 7 April 2020.

6. On 2 April 2020 (i.e. within the deadline granted by FIFA), the Respondent send an e-mail to FIFA, with an “.xps” attachment.

7. On 12 May 2020 (i.e. after the deadline granted had elapsed), the Respondent sent an unsolicited correspondence to FIFA, attaching its correspondence of 2 April 2020. In this respect, the Respondent stated the following:

“we would like to inform you that our team, just like all the teams in 2nd National Division (Super League 2), remains in lockdown mode for all its services and we do not yet know when the championship will restart.

Therefore we believe that we would have the ability to pay the football player the amount that we have already informed you that we owe him, until the end of June. For this reason we would like to ask you for a new deadline, until 30/06/2020.

Believing that there is a mutual understanding, we would like to thank you beforehand and hoping that the financial difference between us will be resolved soon.”

8. On 4 June 2020, FIFA closed the investigation and informed the parties that it would be for the DRC to rule upon the admissibility of the Respondent’s reply.

II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER

1. First of all, the Dispute Resolution Chamber Judge (hereinafter: the Judge) analyzed whether he was competent to deal with the case at hand. In this respect, it took note that 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) establishes that said edition is applicable as from 10 June 2019. Therefore, the June 2020 edition of the Procedural Rules is applicable to the matter at hand.

2. Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of Players, the Dispute Resolution Chamber is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between an Argentinean player and a Greek club.

3. Furthermore, the 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 Players, and considering that the present claim was lodged by the player on 5 March 2020, the March 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 Chamber entered into the substance of the matter. Entering into the substance of the matter, the DRC continued by acknowledging the above-mentioned facts as well as the documentation contained in the file in relation to the substance of the matter. However, the DRC Judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.

5. In this respect, the DRC Judge recalled that, according to the player, the parties concluded a contract on 26 August 2019, valid as from the date of signature until 20 June 2020.

6. Subsequently, the Judge took note that, on 23 December 2019, the parties concluded a settlement agreement stipulating the following:

“ (...) III. For the above mentioned end of contract and end off any financial differences between them, the football player will receive the amount of 6.500 (six thousand five hundred) Euros as compensation.”

7. Afterwards, the Judge observed that, on 5 March 2020, the player lodged a claim before FIFA and requested the payment of EUR 6,500, as indicated in the termination agreement.

9. In relation to said claim, the Judge noted that, initially, the Respondent replied on to the claim with an email solely containing an attachment in “.xps” format.

8. In this respect, the Judge referred to art. 9bis par. 2 of the Procedural Rules, according to which “only communications submitted as PDF files containing the date and a valid and binding signature shall have legal effect.” As a result, the DRC Judge understood that it could not take into account said correspondence sent by the Respondent.

9. In addition, the Judge further noted that, on 18 March 2020, FIFA notified the claim to the Respondent, granting a deadline until 7 April 2020.

10. In this respect, the Judge referred to art. 9 par. 3 of the Procedural Rules, according to which submissions received outside the time limit shall not be taken into account.

11. As a result, the Judge established that all correspondence submitted after said date cannot be taken into account.

12. In view of the above, the DRC Judge considered that, taking into account the claim of the Claimant and the considered evidence, it can be established that the entire amount of EUR 6,500, as established in the termination agreement, remained outstanding.

13. Consequently, in application of the principle of pacta sunt servanda, the DRC Judge established that the Respondent shall pay to the Claimant the amount of EUR 6,500.

14. In addition, taking into account the request of the Claimant as well as the longstanding jurisprudence of the DRC in this respect, the DRC Judge decided to award interests as from 1 January 2020.

15. Subsequently, taking into account the previous considerations, 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.

16. In this regard, the 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.

17. 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.

18. Finally, the 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.

III. DECISION OF THE DISPUTE RESOLUTION CHAMBER

1. The claim of the Claimant, FACUNDO ANDRÉS CASTILLÓN, is accepted.

2. The Respondent, LEVADIAKOS FOOTBALL CLUB, has to pay to the Claimant the following amount:

- EUR 6,500 as outstanding remuneration plus 5% interest p.a. as from 1 January 2020 until the date of effective payment.

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.

For the Dispute Resolution Chamber:

Emilio García Silvero

Chief Legal & Compliance Officer

NOTE RELATED TO THE FINDINGS OF THE DECISION:

In accordance with arts. 15 and 18 of the Procedural Rules, this correspondence only communicates the findings of the decision without grounds.

Should any of the parties wish to receive the grounds of the decision, a written request must be received by FIFA, within 10 days of receipt of notification of the findings of the decision. Failure to do so within the stated deadline will result in the decision becoming final and binding and the parties being deemed to have waived their rights to file an appeal.

CONTACT INFORMATION:

Fédération Internationale de Football Association

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

www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777