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 (DRC) judge passed in Zurich, Switzerland, on 16 November 2012, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player L, from country S as Claimant against the club, Club A, from country G 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 (DRC) judge passed in Zurich, Switzerland, on 16 November 2012, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player L, from country S as Claimant against the club, Club A, from country G as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 1 July 2009, Club A, from country G (hereinafter: the Respondent), and Player L, from country S (hereinafter: the Claimant), concluded an employment contract (hereinafter: the contract) valid from the date of signature until 30 June 2012. 2. According to art. 4.4 of the contract, the Claimant was to be remunerated with the total net amount of EUR 390,000. 3. On 30 June 2011, the parties signed a “private agreement of settlement of debt-termination”, by means of which they agreed that the Respondent would pay the Claimant the amount of EUR 124,411.64. 4. On 20 September 2011, the Claimant filed a claim in front of FIFA indicating that the Respondent had not yet fulfilled all its obligations in connection with the above-mentioned private agreement and, in particular, after amending his claim, claimed the outstanding amount of EUR 103,586.64. 5. Subsequently, on 20 February 2012, the Claimant and the Respondent concluded another “private agreement of settlement of debt”, in accordance with which the Respondent would pay the Claimant the amount of EUR 104,000 as follows: a) EUR 34,000 payable until 20 March 2012; b) EUR 20,000 payable until 10 May 2012; c) EUR 30,000 payable until 10 July 2012; d) EUR 20,000 payable until 30 August 2012. 6. By means of various a) EUR 20,000 plus 5% interest p.a. since 10 May 2012; b) EUR 30,000 plus 5% interest p.a. since 10 July 2012; c) EUR 20,000 plus 5% interest p.a. since 30 August 2012. 7. Despite having been invited by FIFA to provide its position in respect of the amended claim of the Claimant, the Respondent did not answer, although it was informed that in absence of a reply a decision would be taken upon the basis of the documents already on file. II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber (DRC) judge analysed whether he was competent to deal with the matter at stake. In this respect, the DRC judge took note that the present matter was submitted to FIFA on 20 September 2011. Consequently, the DRC judge concluded that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber, (hereinafter: the Procedural Rules), is applicable to the matter at hand (cf. art. 21 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 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 (edition 2010) the DRC judge is competent to deal with the matter at stake, which concerns an employment–related dispute with an international dimension between a country S player and a country G club. 3. In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on the Status and Transfer of Players, the DRC judge confirmed that he may adjudicate in the present dispute which value does not exceed currency of country H 100,000. 4. Furthermore, the DRC 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 confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations (edition 2010) and considering that the present claim was lodged in front of FIFA on 20 September 2011, 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. 5. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. The DRC judge started by acknowledging the above-mentioned facts of the case as well as the documentation contained in the file. 6. In this respect and first of all, the DRC judge acknowledged that following the conclusion of an employment contract on 30 June 2011, the Claimant and the Respondent had concluded a “private agreement of settlement of debt-termination”, by means of which they agreed that the Respondent would pay to the Claimant the amount of EUR 124,411.64 in 3 instalments as set out below: a) EUR 20,825 on 30 June 2011; b) EUR 68,586.64 on 8 July 2011 and c) EUR 35,000 on 15 October 2011. 7. Subsequently, the DRC judge noted that the Claimant contacted FIFA on 20 September 2011 indicating that the Respondent had not fulfilled its obligations as established in the “private agreement of settlement of debt-termination”, since it had only paid the Claimant the first instalment due on 30 June 2011. 8. The DRC judge further noted that the Respondent and the Claimant later on concluded another “private agreement on settlement of debt” dated 20 February 2012, by means of which they agreed that the Respondent would pay to the Claimant the amount of EUR 104,000 as set out below: a) EUR 34,000 on 20 March 2012; b) EUR 20,000 on 10 May 2012; c) EUR 30,000 on 10 July 2012 and d) EUR 20,000 on 30 August 2012. 9. Subsequently, the DRC judge observed that the Claimant reverted to FIFA indicating that the Respondent had also not fulfilled its obligations as established in the “private agreement on settlement of debt” dated 20 February 2012, since it paid to the Claimant the first instalment only. Therefore, the Claimant requested to be paid the alleged outstanding three instalments in the total amount of EUR 70,000 as well as interest at the rate of 5% on each of the outstanding instalments. 10. Furthermore, the DRC judge noted that the Respondent had been given the opportunity to reply to the amended claim submitted by the Claimant, but that the Respondent had failed to present its response in this respect. In this way, so the DRC judge deemed, the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 11. As a consequence of the preceding consideration, the DRC judge established that in accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of the documents on file. 12. On account of the aforementioned considerations, the DRC judge established that the Respondent had failed to pay to the Claimant the amounts as agreed upon in the termination agreement, totalling EUR 70,000. Consequently, the DRC judge concluded that, in accordance with the general legal principle of “pacta sunt servanda”, the Respondent is liable to pay the Claimant the amount of EUR 70,000. 13. In continuation and with regard to the Claimant's request for interest, the DRC judge decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the outstanding partial amounts as follows: a) 5% p.a. as of 11 May 2012 on the amount of EUR 20,000; b) 5% p.a. as of 11 July 2012 on the amount of EUR 30,000; c) 5% p.a. as of 31 August 2012 on the amount of EUR 20,000. 14. The DRC judge concluded his deliberations in the present matter by establishing that any further claim lodged by the Claimant is rejected. III. Decision of the DRC judge 1. The claim of the Claimant, Player L, is partially accepted. 2. The Respondent, Club A, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 70,000 plus 5% interest p.a. until the date of effective payment as follows: a. 5% p.a. as of 11 May 2012 on the amount of EUR 20,000; b. 5% p.a. as of 11 July 2012 on the amount of EUR 30,000; c. 5% p.a. as of 31 August 2012 on the amount of EUR 20,000. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the DRC judge of every payment received. Note relating to the motivated decision (legal remedy): According to article 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 DRC judge: Jérôme Valcke Secretary General Encl. CAS Directives