F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – debiti scaduti – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 April 2016, in the following composition: Geoff Thompson (England), Chairman Santiago Nebot (Spain), member Alejandro Maron (Argentina), member on the claim presented by the player, A, country C represented by xxxx as Claimant against the club, B, country U as Respondent regarding an employment-related dispute between the parties in connection with overdue payables I.

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) – debiti scaduti – ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 April 2016, in the following composition: Geoff Thompson (England), Chairman Santiago Nebot (Spain), member Alejandro Maron (Argentina), member on the claim presented by the player, A, country C represented by xxxx as Claimant against the club, B, country U as Respondent regarding an employment-related dispute between the parties in connection with overdue payables I. Facts of the case 1. On 1 January 2015, the player from country C, A (hereinafter; the Claimant or the player) and the club from country U, B (hereinafter; the Respondent or the club) entered into an employment contract valid as of the date of its signature until 31 December 2019. 2. According to clause 3.1. of the contract, the Claimant was entitled to receive from the Respondent “the salary in the sum, stated in CI.1 of the Appendix No. 1”. 3. On an unspecified date, the parties concluded an “Appendix No. 1 to the contract dated 1 January 2015” (hereinafter; the appendix) which clause CI.1 provided as follows: “[The Respondent] undertakes to pay the salary to the football player in the sum equivalent to 130,000 (One hundred and thirty Thousand) euro (…) per month”. 4. Moreover, clause CI.4 of the appendix reads as follows: “The club undertakes to pay the bonus for goal or assist in the sum equivalent to 10,000 (ten thousand) euro…”. 5. By correspondence dated 1 February 2016, the Claimant put the Respondent in default of payment of EUR 510,000 granting the Respondent a 10 days’ deadline in order to remedy the default. 6. On 25 February 2016, the Claimant lodged a claim against the Respondent in front of FIFA asking that the Respondent be ordered to pay to him overdue payables in the amount of EUR 510,000, plus 5% interest p.a. as of the due dates detailed as follows: a. EUR 70,000 as part of his salary of April 2015; b. EUR 70,000 as part of his salary of May 2015; c. EUR 70,000 as part of his salary of June 2015; d. EUR 80,000 as part of his salary of July 2015; e. EUR 50,000 as part of his salary of August 2015; f. EUR 70,000 as bonuses for “scored goals and assists” for April 2015; g. EUR 100,000 as bonuses for “scored goals and assists” for May 2015. 7. The Claimant further requested to be awarded reimbursement of legal expenses and procedural costs. 8. In particular, the Claimant explained that on 14 August 2015, he was transferred on a definitive basis to the club, XY, and that at the moment of his transfer, the Respondent owed him the requested amounts. 9. Despite having been asked to do so, the Respondent did not reply to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the Chamber or the 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 25 February 2016. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; hereinafter; the Procedural Rules) are applicable to the matter at hand (cf. art. 21 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 conjunction with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2015), the Dispute Resolution Chamber is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player from country C and a club from country U. 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 par. 2 of the Regulations on the Status and Transfer of Players (edition 2015), and considering that the present claim was lodged on 25 February 2016, the 2015 edition of said regulations (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 Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and documentation on file. However, the DRC 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. Having said this, the DRC acknowledged that the Claimant and the Respondent signed an employment contract valid as of 1 January 2015 until 31 December 2019 and that, on an unspecified date, they concluded an appendix in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, a monthly salary of EUR 130,000. 6. Equally, the members of the Chamber took note of clause CI.4 of the appendix which reads as follows: “The club undertakes to pay the bonus for goal or assist in the sum equivalent to 10,000 (ten thousand) euro…”. 7. Subsequently, the Chamber observed that the Claimant lodged a claim against the Respondent in front of FIFA, maintaining that the Respondent has overdue payables towards him in the total amount of EUR 510,000 corresponding to part of his salaries as of April until August 2015 as well as bonuses for goals scored and assists. 8. In this context, the DRC took particular note of the fact that, on 1 February 2016, the Claimant put the Respondent in default of payment of the aforementioned amounts, setting a time limit of 10 days in order to remedy the default. 9. Consequently, the Chamber concluded that the Claimant had duly proceeded in accordance with art. 12bis par. 3 of the Regulations, which stipulates that the creditor (player or club) must have put the debtor club in default in writing and have granted a deadline of at least ten days for the debtor club to comply with its financial obligation(s). 10. In continuation, the DRC took into account that the Respondent, for its part, failed to present its response to the claim of the Claimant, in spite of having been invited to do so. In this way, the members of the Chamber considered that the Respondent renounced its right to defence. Consequently, 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 documents already on file, in other words, upon the statements and documents presented by the Claimant. 11. Having said this, the DRC acknowledged that, in accordance with the employment contract and the appendix provided by the Claimant, the Respondent was obliged to pay to the Claimant a monthly salary of EUR 130,000 as well as EUR 10,000 for each goal scored and assist. 12. Furthermore, taking into account the documentation presented by the Claimant in support of his petition, the DRC concluded that the Claimant had not fully substantiated his claim pertaining to overdue payables with pertinent documentary evidence in accordance with art. 12 par. 3 of the Procedural Rules. That is, there is no supporting documentation relating to the Claimant’s claim pertaining to the alleged bonuses for goals scored and assists. Consequently, the Chamber decided to reject the Claimant’s claim relating to said bonuses. 13. On account of the aforementioned considerations and the documentary evidence provided by the Claimant, the DRC established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 340,000 corresponding to part of his salaries as of April until August 2015. 14. In addition, the members of the Chamber established that the Respondent had delayed a due payment for more than 30 days without a prima facie contractual basis. 15. Consequently, the DRC decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant overdue payables in the total amount of EUR 340,000. 16. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the DRC decided that the Respondent must pay to the Claimant interest of 5% p.a. on each of the relevant amounts as of the day following the day on which the relevant payments fell due, until the date of effective payment. 17. Furthermore, in relation to the claimed legal expenses and procedural costs, the DRC referred to art. 18 par. 4 of the Procedural Rules as well as to its long-standing and well-established jurisprudence, in accordance with which no procedural compensation shall be awarded in proceedings in front of the Dispute Resolution Chamber. Consequently, the DRC decided to reject said Claimant’s request. 18. Moreover, the Chamber decided that any further request filed by the Claimant is rejected. 19. In continuation, taking into account the consideration under number II./14. above, the members of the Chamber referred to art.12bis par. 2 of the Regulations which stipulates that any club found to have delayed a due payment for more than 30 days without a prima facie contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations. 20. Along those lines, the DRC established that by virtue of art. 12bis par. 4 of the Regulations, it has competence to impose sanctions on the Respondent. On account of the above and bearing in mind that the Respondent did not reply to the claim of the Claimant, the DRC decided to impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c) of the Regulations. Furthermore, taking into consideration the amount due of EUR 340,000, the Chamber regarded a fine amounting to CHF 20,000 as appropriate and hence decided to impose said fine on the Respondent. 21. In connection with the above, the DRC wished to highlight that a repeated offence will be considered as an aggravating circumstance and lead to more severe penalty in accordance with art. 12bis par. 6 of the Regulations. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, A, is partially accepted. 2. The Respondent, B, has to pay to the Claimant, within 30 days as from the date of notification of this decision, overdue payables in the amount of EUR 340,000, plus interest at the rate of 5% p.a. until the date of effective payment as follows: a. 5% p.a. on the amount of EUR 70,000 as from 1 May 2015; b. 5% p.a. on the amount of EUR 70,000 as from 1 June 2015; c. 5% p.a. on the amount of EUR 70,000 as from 1 July 2015; d. 5% p.a. on the amount of EUR 80,000 as from 1 August 2015; e. 5% p.a. on the amount of EUR 50,000 as from 1 September 2015. 3. In the event that the amount due to the Claimant 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. 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 DRC of every payment received. 6. The Respondent is ordered to pay a fine in the amount of CHF 20,000. The fine is to be paid within 30 days of notification of the present decision to FIFA to the following bank account with reference to case nr: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A ***** Note relating to the motivated decision (legal remedy): According to article 58 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 Acting Secretary General Encl. CAS directives