F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 July 2014, in the following composition: Thomas Grimm (Switzerland), Chairman Johan van Galeen (South Africa), member Theodoros Giannikos (Greece), member on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 July 2014, in the following composition: Thomas Grimm (Switzerland), Chairman Johan van Galeen (South Africa), member Theodoros Giannikos (Greece), member on the claim presented by the player, Player A, from country B as Claimant against the club, Club C, from country D as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 1 January 2013, the player from country B, Player A (hereinafter: player or Claimant), and the club from country D, Club C (hereinafter: club or Respondent), signed an employment contract valid as from 1 January 2013 until 30 June 2013. 2. On 10 June 2013, the club and the player entered into a termination agreement, the terms of which established that the club should pay the player two and a half month’s outstanding salary, amounting to 4,252.50 and flight tickets amounting to EUR 667 due on 30 August 2013. 3. On several occasions the player put the club in default of payment of the amount of BHD 4,252.50 (converted into EUR) and the EUR 667 relating to the air tickets on the basis of the termination agreement. On 5 December 2013, the player put the club in default of payment for the final time. 4. On 16 January 2014, the player lodged a claim in front of FIFA against the club asking that he be paid the monies owed under the termination agreement, totalling EUR 8,981.04 (i.e. BHD 4,252.50 converted into EUR and EUR 667 for the air tickets) plus 5% p.a. interest as of 30 August 2013. 5. In addition, the player asks that these payments be awarded net. 6. In spite of having been invited by FIFA to provide its position regarding the claim, the club did not respond to the claim or make any statement during the course of the investigation. II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 16 January 2014. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 and par. 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2012), it is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension, between a player from country B and a club from country D. 3. Furthermore, the Chamber 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 (edition 2012), and considering that the present claim was lodged on 16 January 2014, the 2012 edition of said regulations (hereinafter: 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 this respect, the Chamber started by acknowledging all the aforementioned facts as well as the arguments and documentation submitted by the parties. The Chamber, however, emphasised that in the following considerations it 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 acknowledged that following the conclusion of an employment contract on 1 January 2013, the Claimant and the Respondent had concluded a termination agreement on 10 June 2013, in accordance with which the Respondent undertook to pay to the Claimant BHD 4,252.50 and flight tickets amounting to EUR 667. 6. The DRC futher noted that the Claimant claims that the Respondent had failed to make the payments provided for by the termination agreement and consequently, the Claimant asked to be awarded the payment of the amount of EUR 8,981.04 (i.e. BHD 4,252.50 converted into EUR and EUR 667 for the air tickets) plus 5% p.a. interest as of 30 August 2013. 7. Furthermore, the DRC noted that the Respondent had been given the opportunity to reply to the claim submitted by the Claimant, but that the Respondent had failed to present its response in this respect. In this way, so the DRC deemed, the Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant. 8. As a consequence of the preceding consideration, the DRC established that in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents on file. 9. On account of the aforementioned considerations, the DRC established that the Respondent had failed to pay to the Claimant the amounts as agreed upon in the termination agreement, totalling BHD 4,252.50 and EUR 667. Consequently, the DRC concluded that, in accordance with the general legal principle “pacta sunt servanda”, the Respondent is liable to pay the Claimant the amounts of BHD 4,252.50 and EUR 667. 10. In continuation and with regard to the Claimant’s request for interest, the DRC decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the outstanding amounts as from 31 August 2013, i.e. the day following the due date of the payment of said amounts in accordance with the termination agreement. 11. The Chamber concluded its deliberations in the present matter by establishing that any further claim lodged by the Claimant is rejected. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player A, is partially accepted. 2. The Respondent, Club C, is ordered to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of 4,252.50 and EUR 667 plus 5% interest p.a. as from 31 August 2013 until the date of effective payment. 3. In the event that the aforementioned sums plus interest are not paid by the Respondent 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 request filed 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 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: Markus Kattner Deputy Secretary General Encl. CAS directives