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 17 May 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player S, from country B 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 17 May 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player S, from country B 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 31 August 2011, Player S, from country B (hereinafter: the Claimant), and the Club A, from country G (hereinafter: the Respondent), signed an employment contract valid as from the date of its signature until 31 June 2013 (hereinafter: the contract). 2. On 30 December 2011, the parties signed an agreement to terminate the relevant employment contact by mutual consent. 3. In accordance with the termination agreement, the parties inter alia agreed that the Claimant was entitled to receive from the Respondent, remuneration amounting to EUR 10,000 to be paid as follows: “3,000 € until 20/01/2012 at the latest, 3,000 € until 20/02/2012 at the latest, 4,000 € until 20/03/2012 at the latest”. 4. On 2 November 2012, the Claimant lodged a claim against the Respondent in front of FIFA maintaining that the latter had failed to comply with the financial obligations deriving from the above-mentioned agreement. 5. The Claimant claims to have formally notified the Respondent of its pending obligations, but unfortunately to no avail. In light of the aforementioned, the Claimant is requesting to be awarded the stipulated amount of EUR 10,000 plus 5% interest p.a. 6. In spite of having been invited by FIFA to do so, the Respondent did not present any reply to the Claimant´s claim. 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 case at hand. In this respect, the DRC judge took note that the present matter was submitted to FIFA on 2 November 2012. 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 of the 2008 and 2012 edition 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 par. 2 lit. i. in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012) 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 B player and a country G club. 3. In continuation, 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 on the Status and Transfer of Players (editions 2010 and 2012) and considering that the present claim was lodged in front of FIFA on 2 November 2012, 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 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. 5. In this respect, the DRC judge acknowledged that the parties had signed an employment contract on 31 August 2011 and a termination agreement on 30 December 2011, by means of which the parties had put an end to the employment contract. Said termination agreement stipulated that the Respondent would pay to the Claimant the amount of EUR 10,000 in the following three instalments, (i) EUR 3,000 payable until 20 January 2012; (ii) EUR 3,000 payable until 20 February 2012 and; (iii) EUR 4,000 payable until 20 March 2012. 6. In continuation, the DRC judge noted that the Claimant alleged that the Respondent had failed to pay the amount of EUR 10,000 as established by the parties in the private agreement. Consequently, the Claimant asked to be awarded with the total amount of EUR 10,000, plus interest. 7. Subsequently, the DRC judge observed that the Respondent failed to present its response to the claim of the Claimant, despite having been invited to do so. In this way, so the DRC judge deemed, the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 8. As a result, 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. 9. In view of all the above, the DRC judge concluded that it could be established that the Respondent had failed to pay to the Claimant the amount of EUR 10,000 as agreed upon between the parties in the termination agreement dated 30 December 2011. 10. As a consequence of the foregoing consideration, and in accordance with the general legal principle of pacta sunt servanda, the DRC judge decided that the Respondent must fulfil its obligations as per agreement and is to be held liable to pay the outstanding amount of EUR 10,000 to the Claimant plus 5% interest p.a. on said amount as of 2 November 2012 until the date of effective payment. III. Decision of the DRC judge 1. The claim of the Claimant, Player S, is 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 10,000 plus 5% interest p.a. on said amount as of 2 November 2012 until the date of effective payment. 3. If the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. 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 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 DRC judge: Markus Kattner Deputy Secretary General Encl. CAS directives