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 12 May 2015, 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 12 May 2015, 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 7 July 2014, Player A from country B (hereinafter: the Claimant), and Club C from country D (hereinafter: the Respondent), entered into an employment contract (hereinafter: the contract) valid from the date of signature until 31 December 2016. 2. On 24 October 2014, the Claimant and the Respondent signed a document (hereinafter: the termination agreement), by means of which both parties acknowledged the termination of the contract and the Respondent had to pay the Claimant, as a compensation for the termination of the contract, the amount of 70,000 payable as follows: - 35,000 on “31” November 2014; - 35,000 on 31 December 2014. 3. Moreover, the termination agreement established that the Respondent would pay the flight ticket of the Claimant back to country B. 4. On 2 December 2014, the Claimant put the Respondent in default, by means of a letter sent through the Football Federation of country D, of the first instalment due under the terms of the termination agreement. 5. On 15 December 2014, the Claimant lodged a claim against the Respondent before FIFA, requesting the amount of 70,000 and the amount of USD 1,000 as follows: - 35,000 plus interest of 5% p.a. as from 1 December 2014 until the date of effective payment; - 35,000 “as soon as it becomes due on 31 December 2014” plus interest of 5% p.a. in case the amount is not paid before the due date, until the date of effective payment; - USD 1,000 as reimbursement corresponding to the flight ticket country D – country B. 6. According to the Claimant, the Respondent has failed to pay the total amount as established in the termination agreement. 7. Despite having been invited to do so, the Respondent did not present its position to the claim, although it was informed that, in absence of a reply, the Dispute Resolution Chamber would take a decision on the basis of the information and evidence at disposal. 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 15 December 2014. Consequently, the DRC judge concluded that the 2014 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 2014 and 2015 editions of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 and 3 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 2015) 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 from country B and a club from 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 2014 and 2015) and considering that the present claim was lodged in front of FIFA on 15 December 2014, the 2014 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. In this respect, the DRC judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the DRC judge emphasised that in the following considerations he will refer only to the 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 following the conclusion of an employment contract on 24 October 2014, the Claimant and the Respondent had concluded a termination agreement, by means of which they agreed that the Respondent would pay to the Claimant the amount of 70,000 in 2 instalments, 35,000 on “31” November 2014 and 35,000 on 31 December 2014. 7. Moreover, the DRC judge took note that said termination agreement stipulated that the Respondent would pay the flight ticket of the Claimant back to country B. 8. Subsequently, the DRC judge noted that the Claimant contacted FIFA on 15 December 2014 indicating that the Respondent had not fulfilled its obligations as established in the termination agreement, since it had not paid any remuneration and had not paid his flight ticket back to country B. Therefore, the Claimant requested to be paid the alleged outstanding two instalments in the total amount of 70,000 plus interest at the rate of 5% on each of the outstanding instalments, as well as the payment of USD 1,000 corresponding to the reimbursement of a flight ticket country D – country B. 9. Furthermore, the DRC judge 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 judge deemed, the Respondent renounced to 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 the amounts as agreed upon in the termination agreement, totalling 70,000. Furthermore, regarding the Claimant’s request for the payment of USD 1,000 corresponding to the reimbursement of a flight ticket from country D to country B, and taking into account the contents of the termination agreement, the DRC judge considered that the Respondent had failed to comply with its obligation to pay the flight ticket of the Claimant back to country B. 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 70,000, plus the amount of USD 1,000. 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. on the amount of 70,000 as of the day following the day on which said instalments fell due, as follows: a) 5% p.a. over the amount of 35,000 as from 1 December 2014 until the date of effective payment; b) 5% p.a. over the amount of 35,000 as from 1 January 2015 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 the present decision, outstanding remuneration in the amount of 70,000. 3. Within the same deadline, the Respondent has to pay to the Claimant interest as follows: - 5% p.a. over the amount of 35,000 as from 1 December 2014 until the date of effective payment; - 5% p.a. over the amount of 35,000 as from 1 January 2015 until the date of effective payment. 4. The Respondent has to pay to the Claimant within 30 days as from the date of notification of the present decision, outstanding remuneration in the amount of USD 1,000. 5. In the event that the amounts plus interest due to the Claimant in accordance with the above-mentioned numbers 2., 3. and 4. are 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. 6. 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 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 Acting Secretary General Encl. CAS directives