F.I.F.A. – Commissione per lo Status dei Calciatori (2012-2013) – controversie allenatori – ———- F.I.F.A. – Players’ Status Committee (2012-2013) – coach disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 15 August 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the coach X, as “Claimant” against the club Z, as “Respondent” regarding a contractual dispute between the parties.

F.I.F.A. - Commissione per lo Status dei Calciatori (2012-2013) – controversie allenatori – ---------- F.I.F.A. - Players' Status Committee (2012-2013) – coach disputes – official version by www.fifa.com – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 15 August 2012, by Geoff Thompson (England) Single Judge of the Players’ Status Committee, on the claim presented by the coach X, as “Claimant” against the club Z, as “Respondent” regarding a contractual dispute between the parties. I. Facts of the case 1. On 28 May 2009, the country S coach X (hereinafter: “the claimant”) and the country C club Z (hereinafter: “the respondent”) signed an employment contract (hereinafter: “the contract”) valid from 1 June 2009 until 31 May 2010. 2. Article 3 of the contract stipulated that the claimant would receive from the respondent a total amount of EUR 35,200 as salaries, payable in “11 (eleven) monthly instalments of EUR 3,200”, the first one due on 1 August 2009 and the last one on 31 May 2010. 3. On 8 June 2011, the claimant lodged a complaint in front of FIFA against the respondent stating that the latter had not made payment of two monthly salaries corresponding to the instalments of April 2010 and May 2010 for a total amount of EUR 6,400. 4. In this respect, the claimant alleged that after the respondent had failed to pay him his salary of April 2010, it had informed him that it would be paid together with the salary of May 2010 due on 31 May 2010. The claimant further alleged that the respondent had eventually failed to pay any of the two alleged outstanding salaries. 5. In spite of being provided an opportunity to do so by FIFA, the respondent did not submit any statement, although it was informed that, in absence of a reply, a decision would be taken on the basis of the information and evidence at disposal. II. Considerations of the Single Judge of the Players´ Status Committee 1. 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, the Single Judge confirmed that, on the basis of art. 3 par. 1 of the 2008 edition the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber in connection with art. 23 par. 1 and 3 as well as art. 22 lit. c) of the 2010 edition of the Regulations on the Status and Transfer of Players, he was competent to deal with the matter at stake which concerns an employment-related dispute with an international dimension between a coach and a club affiliated to the Football Association C. 2. Furthermore, the Single Judge analysed which Procedural Rules are applicable to the matter at hand. In this respect, he referred to art. 21 par. 2 and 3 of the 2008 edition of the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber. Consequently, and since the present matter was submitted to FIFA on 8 June 2011, the Single Judge concluded that the current edition of the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter: “the Procedural Rules”) is applicable to the matter at hand. 3. Subsequently, the Single Judge analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, he referred, on the one hand, to art. 26 par. 1 and 2 of the 2010 edition of the Regulations on the Status and Transfer of Players, and on the other hand, to the fact that the present claim was lodged in front of FIFA on 8 June 2011. In view of the foregoing, the Single Judge concluded that the current edition of the Regulations on the Status and Transfer of Players (hereinafter: “the Regulations”) is applicable to the case at hand as to the substance. 4. His competence and the applicable regulations having been established, the Single Judge entered into the substance of the matter. In doing so and first of all, the Single Judge observed that the respondent had never submitted its position to the claim lodged against it by the claimant, despite having been asked to do so by FIFA. Therefore the Single Judge concluded that, in this way, the respondent had renounced to its right of defence and, thus, it had to be assumed that it had accepted the allegations of the claimant. 5. As a consequence, the Single Judge referred to art. 9 par. 3 of the Procedural Rules and pointed out that in the present matter a decision shall be taken upon the basis of the documents on file, in other words upon the allegations and documents submitted by the claimant. 6. In this respect, the Single Judge took note that on 28 May 2009, the claimant and the respondent concluded an employment contract valid for one year, i.e. as of 1 June 2009 until 31 May 2010. 7. In particular, the Single Judge took note that it was contractually agreed (cf. article three of the employment contract) that the claimant would receive from the respondent a total amount of EUR 35,200 as salaries and that this amount would be paid by the respondent in 11 equal monthly instalments of EUR 3,200 each one, starting on 1 August 2009 and finishing on 31 May 2010. 8. In continuation, the Single Judge pointed out that, during the investigation of the matter at stake, the claimant alleged that the respondent had failed to pay him the last two monthly instalments which were originally due on 30 April 2010 and 31 May 2010, for a total amount of EUR 6,400. 9. In this respect, the Single Judge took note that the claimant stated that the respondent had apparently promised him to pay the aforementioned monthly instalments on 31 May 2010 but, eventually, had failed to do so. 10. In this context, the Single Judge deemed appropriate to reiterate that, during the investigation of the matter at stake, the respondent did not contest any of the allegations or documentary evidence provided by the claimant. 11. In view of all the above-mentioned considerations, the Single Judge decided that the claim of the claimant is fully accepted and that the respondent has to pay to the claimant the amount of EUR 6,400. 12. Finally, the Single Judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which, in the proceedings before the Players’ Status Committee, including the Single Judge, costs in the maximum amount of CHF 25,000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings. 13. Furthermore and according to Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. The amount in dispute to be taken into consideration in the present proceedings is EUR 6,200. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000. 14. Considering that, in the case at hand, the responsibility of the failure to comply with the employment contract can entirely be attributed to the respondent and taking into account the particular circumstances of the present matter, the Single Judge determined the costs of the current proceedings in the amount of CHF 5,000 and held that such costs have to be borne by the respondent. 15. In conclusion, the amount of CHF 5,000 has to be paid by the respondent in order to cover the costs of the present proceedings. III. Decision of the Single Judge of the Players´ Status Committee 1. The claim of the Claimant, X, is accepted. 2. The Respondent, Club Z, has to pay to the Claimant, X, the amount of EUR 6,400 as outstanding salaries, within 30 days as from the date of notification of this decision. 3. If the aforementioned sum is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of expiry of the fixed time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The final amount of costs of the proceeding amounting to CHF 5,000 are to be paid by the Respondent, Club Z, within 30 days as from the date of notification of the present decision, as follows: 4.1 CHF 4,000, to FIFA to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 4.2 CHF 1,000, to the Claimant, X. 5. The Claimant, X, is directed to inform the Respondent, Club Z, immediately and directly of the account number to which the remittance under points 2 and 4.2 above is to be made and to notify the Players’ Status Committee of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the Single Judge of the Players´ Status Committee: Jérôme Valcke Secretary General Encl. CAS directives