F.I.F.A. – Camera di Risoluzione delle Controversie (2012-2013) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2012-2013) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 June 2013, in the following composition: Geoff Thompson (England), Chairman Rinaldo Martorelli (Brazil), member Jon Newman (USA), member Essa M. Saleh Al-Housani (United Arab Emirates), member Theodoros Giannikos (Greece), member on the claim presented by the player, Player B, from country C as Claimant against the club, Club K, from country T as Respondent regarding an employment-related dispute between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2012-2013) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2012-2013) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 June 2013, in the following composition: Geoff Thompson (England), Chairman Rinaldo Martorelli (Brazil), member Jon Newman (USA), member Essa M. Saleh Al-Housani (United Arab Emirates), member Theodoros Giannikos (Greece), member on the claim presented by the player, Player B, from country C as Claimant against the club, Club K, from country T as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 12 July 2010, Player B, from country C (hereinafter: the Claimant), and the Club K, from country T (hereinafter: the Respondent), signed an employment contract (hereinafter: the contract), valid as from the date of signature until 31 May 2011. 2. According to the contract the Claimant would be entitled, inter alia, to the following remuneration: - EUR 80,000 net payable in two instalments of EUR 40,000 each, the first due on 1 August 2010 and the last due on 1 September 2010; - EUR 85,000 net payable in 10 instalments of EUR 8,500 each, commencing in August 2010 and ending in May 2011, due on the 10th day of each following month; - EUR 2,350 net per match conditioned he was placed at the first eleven, however the aforementioned value would be deducted to 75 % if he would enter the match later; to 50% if he took the place “at the eighteen people team”; and “if he doesn’t take place at the eighteen people cadre, he won’t take the payment per match”. 3. On 31 December 2010, the Claimant returned to his former Club S, from country C, as per a termination agreement established between the Respondent and Club C, which provided that “in the case that Club K will not pay the second instalment of the lending fee amounting to Euro 100,000 until at latest September 30, 2010 (due date is September 1, 2010) to Club S, this lending agreement will end automatically on December 31, 2010 without any termination necessary. In this case of non- payment of the second instalment lending fee and the automatic ending of the lending agreement on December 30, 2010, the player will have to be re-transferred from Club K to Club S during the transfer period winter 2010/2011. Club K will be obliged to cancel the employment agreement with the player and issue the ITC for the re-transfer […]”. 4. On 27 July 2011, the Claimant lodged a claim against the Respondent before FIFA, claiming the total outstanding amount of EUR 97,237.5, plus 5% interest as follows: - EUR 50,000 composed of EUR 10,000 as the remaining amount due in August 2010 as well as EUR 40,000 due on 1 September 2010; - EUR 25,500 composed of three monthly instalments of EUR 8,500 due for October until December 2010; - EUR 18,800 composed of 8 matches of EUR 2,350 in which the player was placed at the first eleven; - EUR 1,762.50 for one match the player entered later (i.e. 75% of the match) held on 11 September 2010; - EUR 1,175 for one match in which the player was placed at eighteenth of the team (i.e. 50% of the match) held on 7 November 2010. 5. In this regard, the Claimant held having received from the Respondent only EUR 30,000 on 31 August 2010, and two instalments of EUR 8,500 each, paid in September and in October 2010, regarding the months of August and September 2010. 6. In spite of having been invited by FIFA to do so, the Respondent has failed to respond to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or Chamber) analysed whether it was competent to deal with the present matter. In this respect, the Chamber referred to art. 21 par. 1 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter: Procedural Rules) and took note that the present matter was submitted to FIFA on 27 July 2011, thus after 1 July 2008. Consequently, the Chamber concluded that the 2008 edition of the Procedural Rules is applicable to the matter at hand. 2. Subsequently, the members of the DRC referred to art. 3 par. 1 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 (edition 2010), the Dispute Resolution Chamber shall adjudicate on employment-related disputes between a club and a player of an international dimension. As a consequence, the Dispute Resolution Chamber confirmed to be competent to deal with the matter at stake, which concerns an employment-related dispute between a country C player and a country T club. 3. Furthermore, the Chamber 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, the Chamber referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (editions 2010) and, on the other hand, to the fact that the present claim was lodged on 27 July 2011. In view of the aforementioned, the Dispute Resolution Chamber concluded that the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In doing so, the Chamber started to acknowledge the facts of the case as well as the documents in the file. 5. In this respect, the Dispute Resolution Chamber started by acknowledging that the parties to the dispute had signed an employment contract valid as from 12 July 2010 until 31 May 2011. The DRC further acknowledged that the Respondent and the Claimant’s former club, Club S, signed on 31 December 2010 a termination agreement, by means of which the clubs agreed on the Claimant’s return to Club S. 6. Furthermore, the Dispute Resolution Chamber acknowledged that the Claimant lodged a claim, requesting the total outstanding amount of EUR 97,237.5 plus 5% interest for outstanding amounts due according to the employment contract. 7. Subsequently, the Dispute Resolution Chamber noted that the Respondent, for its part, failed to present its response to the claim of the Claimant, in spite of having been invited to do so several times. In this way, the DRC acknowledged that the Respondent renounced its right to defence and, thus, accepted the allegations of the Claimant. 8. 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. 9. As stated above, in accordance with the employment contract presented by the Claimant, the Respondent was obliged to pay to the Claimant the following remuneration until the expiry of the contract as follows: - EUR 80,000 net payable in two instalments of EUR 40,000 each, the first due on 1 August 2010 and the last due on 1 September 2010; - EUR 85,000 net payable in 10 instalments of EUR 8,500 each, commencing in August 2010 and ending in May 2011, due on the 10th day of each following month; - EUR 2,350 net per match conditioned he was placed at the first eleven, however the aforementioned value would be deducted to 75 % if he would enter the match later; to 50% if he took the place “at the eighteen people team”; and “if he doesn’t take place at the eighteen people cadre, he won’t take the payment per match”. 10. Taking into account the documentation presented by the Claimant in support of his petition, the DRC concluded that the Claimant had substantiated his claim pertaining to outstanding remuneration with sufficient documentary evidence. 11. On account of the aforementioned considerations, the Dispute Resolution Chamber established that the Respondent failed to pay to the Claimant the outstanding remuneration composed of his monthly remuneration and bonus in the total amount of EUR 97,237.50. 12. Consequently, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant outstanding remuneration in the total amount of EUR 97,237.50 plus 5% as of when the claim was lodged, i.e. 27 July 2011. 13. Finally, the Dispute Resolution Chamber concluded its deliberations in the present matter by establishing that the claim of the Claimant is accepted. ** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player B, is accepted. 2. The Respondent, Club K, has to pay to the Claimant, Player B, within 30 days as from the date of notification of this decision, the amount of EUR 97,237.50 plus 5% interest p.a. on said amount as from 27 July 2011 until the date of effective payment. 3. If the aforementioned sum plus interest is not paid within the above-mentioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for its consideration and a formal decision. 4. The Claimant, Player B, is directed to inform the Respondent, Club K, immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber 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 Dispute Resolution Chamber Jérôme Valcke Secretary General Enclosed: CAS directives