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 (DRC) judge passed in Zurich, Switzerland, on 20 August 2014, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player A, Country B as Claimant against the club, Club C, Country D, as Respondent regarding an employment-related dispute 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 (DRC) judge passed in Zurich, Switzerland, on 20 August 2014, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the player, Player A, Country B as Claimant against the club, Club C, Country D, as Respondent regarding an employment-related dispute between the parties I. Facts of the case 1. On 12 June 2012, the Dispute Resolution Chamber judge rendered a decision according to which the Club of Country D, Club C (hereinafter: the Respondent) was held liable to pay to the player, Player A (hereinafter: the Claimant) the amount of EUR 11,000 net plus 5% interest p.a. as of 19 October 2011 until the date of the effective payment. 2. On 25 June 2012, the Respondent and the Claimant signed a document (hereinafter: the agreement) by means of which they agreed that the Respondent would pay the Claimant the amount of EUR 11,408.50 in three instalments, as follows: - EUR 4,000 payable at the latest on 15 July 2012; - EUR 4,000 payable at the latest on 15 August 2012; - EUR 3,408.50 payable at the latest on 15 September 2012. 3. Article 1 in fine of the agreement contains a penalty clause stating that “If the Club doesn’t pay one or more instalment(s) within the prescribed above mentioned deadlines without prior formal notice from the Player, the Club is indebted without delay of the totality of the balance remaining due, notwithstanding an interest of 5% per annum from the date of the payment to the perfect payment in totality in the chief of the Player and including a supplementary penalty of 2.500,00 (i.e. two thousand five hundred EUR)”. 4. By means of the agreement, both parties also waived any right to lodge an appeal with regard to the dispute in question. 5. On 29 July 2012, the Claimant noted that the first instalment payable at the latest on 15 July 2012 had not been paid. Therefore, the Claimant referred to the penalty clause and gave notice to the Respondent to pay him within 5 days the amount of EUR 13,930.50, broken down as follows: - EUR 11,408.50 as stated in the agreement; - EUR 22,00 as interest as of 15 July 2012 to 29 July 2012; - EUR 2,500 as penalty stipulated in article 1 in fine of the settlement. 6. On 23 August 2012, the Claimant informed FIFA that a first payment of EUR 4,000 had been made; however, without any explanation or justification. 7. On 5 April 2013, the Respondent made a payment of EUR 7,410 corresponding to the outstanding amount due. Subsequently, by means of a correspondence addressed to the Respondent on the same date, the Claimant pointed out that the Respondent failed to make some payments and therefore requested it to pay the following amounts: - EUR 2,500 as penalty stipulated in article 1 in fine of the agreement; - EUR 288.25 as interest, broken down as follows: o EUR 61.00: 5% of 11,410 as of 15 July 2012 to 23 August 2012; o EUR 227.25: 5% of 7,410 as of 23 August 2012 to 4 April 2013. 8. On 17 October 2013, making reference to the default of the Respondent, the Claimant lodged a claim before the FIFA Dispute Resolution Chamber requesting the payment of the amount of EUR 2,500 as penalty stipulated in article 1 in fine of the settlement as well as 5% interest p.a. as from 16 July 2012. 9. Despite having been invited by FIFA to provide its position in respect of the Claimant’s claim, the Respondent did not provide its 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 17 October 2013. Consequently, the DRC judge concluded that 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 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 2014) the DRC judge is competent to deal with the matter at stake, which concerns an employment– related dispute with an international dimension between a Player of Country B and a Club of Country D. 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 CHF 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 (editions 2012 and 2014) and considering that the present claim was lodged in front of FIFA on 17 October 2013, 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. 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. However, the DRC judge emphasised that in the following considerations he will refer only to facts, arguments and documentary evidence which he considered pertinent for the assessment of the matter at hand. 6. In this respect and first of all, the DRC judge acknowledged that the Claimant and the Respondent had concluded an agreement, by means of which they agreed that the Respondent would pay to the Claimant the amount of EUR EUR 13,930.50 in three instalments as set out below: a) EUR 4,000 on 15 July 2012; b) EUR 4,000 on 15 August 2012 and c) EUR 3,408.50 on 15 September 2012. 7. In continuation, the DRC observed that the Claimant acknowledged having received EUR 4,000 on 23 August 2012 as well as EUR 7,410 on 5 April 2013. 8. The DRC judge further noted that according to the Claimant, the Respondent failed to remit the first instalment of EUR 4,000, which fell due on 15 July 2012, within the deadline since the first payment was made on 23 August 2012. Consequently, on the basis of article 1 of the agreement, the Claimant asks that the Respondent be ordered to pay the penalty fee of EUR 2,500 plus 5% interest p.a. as of expiry of the time limit for payment of the first instalment, i.e. 16 July 2012. 9. Furthermore, the DRC judge took note 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 its right of defence and, thus, accepted the allegations of the Claimant. 10. 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. 11. On account of the aforementioned considerations, the DRC judge established that the Respondent had failed to pay to the Claimant, within the stipulated deadline, the amounts as agreed upon in the agreement. 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 2,500 which was contractually agreed as a penalty fee in case of any delay in payment by the Respondent. 12. 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. as of 16 July 2012 until the date of effective payment. III. Decision of the DRC judge 1. The claim of the Claimant, Player A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 2,500 plus 5% interest p.a. on said amount as from 16 July 2012 until the date of effective payment. 5 3. In the event that the amount due to the Claimant in accordance with the abovementioned point 2. 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. 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 Dispute Resolution Chamber 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