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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 18 December 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Damir Vrbanovic (Croatia), member on the claim presented by the player, Player P, from country S as Claimant against the club, Club D, from country T 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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 18 December 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Piat (France), member Damir Vrbanovic (Croatia), member on the claim presented by the player, Player P, from country S as Claimant against the club, Club D, from country T as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 30 August 2011, Player P, from country S (hereinafter: the Claimant), and Club D, from country T (hereinafter: the Respondent), concluded an employment contract (hereinafter: the contract) valid as from the date of signature until 31 May 2015. 2. According to the second part of art. 4.1 of the contract, “For avoidance of doubt, the part of this agreement for the football seasons of 2012/2013, 2013/2014 and 2014/2015 shall be valid if the buy option which is agreed on the agreement made between the Club and Club W is exercised by the club”. Such option was not exercised by the club and the contract expired at the end of season 2011/2012. 3. Article 6.1 of the contract establishes, inter alia, that the Respondent undertakes to pay the Claimant the total amount of EUR 525,000 net for the season 2011/2012, broken down as follows: - EUR 150,000 on 20 September 2011; - EUR 100,000 on 20 December 2011; - EUR 150,000 on 20 March 2012; - EUR 125,000 on 30 May 2012. 4. In addition, art. 6.2 of the contract stipulates that “The club shall pay a yearly guarantee bonus in the amount of EUR 25,000 for the following football season 2011/2012”. 5. On 29 July 2013, the Claimant lodged a claim in front of FIFA against the Respondent, requesting the payment of the total amount of EUR 118,280.37, plus unspecified interest as from 21 May 2012 – i.e. the date following the pay-date of the last instalment, as per the Claimant –, corresponding to his unpaid remuneration for the season 2011/2012. 6. In his claim, the Claimant explains that he only received the total amount of EUR 431,719.63 from the total of EUR 550,000 due to him as per the contract, i.e. EUR 525,000 plus EUR 25,000. 7. He further states that, in spite of his various reminders, the Respondent never proceeded with the payment of the outstanding amount. In this regard, the Claimant provided a letter of his legal representative, dated 19 November 2012, addressed to the Respondent, requesting the payment of the amount of EUR 117,000 by no later than 30 November 2012. 8. As per the Claimant, on 28 February 2013, the Respondent proposed the signing of an agreement, according to which it acknowledged to owe him the total amount of EUR 117,000, to be paid in two equal instalments. The Claimant, however, refused to sign such agreement, since it did not contain any guarantee of actual payment. 9. In spite of having been granted an extension of deadline to reply to the claim, the Respondent did not reply to the Claimant’s claim. II. Considerations of the Dispute Resolution Chamber 1. First, the Dispute Resolution Chamber (hereinafter also referred to as: the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the Chamber took note that the present matter was submitted to FIFA on 29 July 2013. Consequently, the 2012 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 2012 and 2014 editions of the Procedural Rules). 2. Subsequently, 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 conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2014) it is competent to decide on the present litigation, which concerns an employment-related dispute with an international dimension between a country S player and a country T club. 3. In continuation, the Chamber analysed which edition of the FIFA 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 2012 and 2014), and, on the other hand, to the fact that the present claim was lodged in front of FIFA on 29 July 2013. The DRC then concluded that the 2012 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 DRC entered into the substance of the matter. In doing so, the DRC started by acknowledging the abovementioned facts of the case as well as the documentation contained in the file. However, the Chamber 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 Chamber acknowledged that the parties to the dispute had signed a valid employment contract on 30 August 2011, in accordance with which the Respondent would pay the Claimant the remuneration detailed in point I.3. above. 6. Subsequently, the DRC noted that the Respondent failed to present its response to the claim of the Claimant, in spite of having been invited to do so. The Chamber was of the opinion that, by not presenting its position to the claim, the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 7. 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 on file; in other words, upon the statements and documents presented by the Claimant. 8. In continuation, the DRC acknowledged that, in accordance with the employment contract provided by the Claimant, the Respondent was obliged to pay to the Claimant the total amount of EUR 550,000 for the whole term of the contract. 9. In this respect, the DRC took into consideration that according to the Claimant, the Respondent only paid him the total amount of EUR 431,719.63 during the entire term of the contract and that, therefore, the amount of EUR 118,280.37 remained outstanding. In spite of the Claimant’s reminder of 19 November 2012, no payment was made by the Respondent. 10. Taking into account the documentation presented by the Claimant in support of his petition, the Chamber 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 remit the Claimant his contractual remuneration in the total amount of EUR 118,280.37. 12. Consequently, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is to be held liable to pay to the Claimant outstanding remuneration in the total amount of EUR 118,280.37. 13. In addition, the Chamber took note of the Claimant’s request for the application of interests at a rate of 5% p.a. as from 21 May 2012, allegedly corresponding to the date following the pay-date of the last instalment. In this respect, the DRC, bearing in mind the pay-dates detailed in point I.3. above, deemed that an interest of 5% p.a. on the amount of EUR 118,280.37 should apply as from 31 May 2012 until the date of effective payment. 14. Finally, the DRC concluded its deliberations in the present matter by establishing that the Claimant’s claim is partially accepted. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player P, is partially accepted. 2. The Respondent, Club D, is ordered to pay to the Claimant outstanding remuneration in the amount of EUR 118,280.37 plus 5% interest p.a. as from 31 May 2012 until the date of effective payment, within 30 days as from the date of notification of this decision. 3. Any further claims of the Claimant are rejected. 4. In the event that the amount due to the Claimant plus interest is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances are 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 Encl. CAS directives