F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2017-2018) – fifa.com – atto non ufficiale – Decision 17 May 2018
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 17 May 2018,
by Philippe Diallo (France), DRC judge,
on the claim presented by the player,
Player A, from country A
as Claimant
against the club,
Club B (formerly known as Club X), from country B
as Respondent
regarding an employment-related dispute
arisen between the parties
I. Facts of the case
1. On 15 February 2017, the player A, from country A (hereinafter: the Claimant), and the Club B (formerly known as Club X) (hereinafter: the Respondent), signed an employment contract valid as from the date of signature until 15 June 2017.
2. According to the employment contract, the Claimant was entitled, inter alia, to EUR 10,000 for the whole duration of the contract, to be paid monthly the “10th of next month”.
3. By correspondence dated 12 July 2017, the Claimant put the Respondent in default of the payment of “the wage corresponding to his contract”.
4. On 31 July 2017, the Claimant lodged a claim against the Respondent in front of FIFA, requesting to be awarded EUR 8,000 plus 5% interest p.a. as from 30 days of the notification of the decision.
5. More specifically, the Claimant explained that, during the whole employment relationship, the Respondent had paid him only EUR 2,000.
6. Despite having been invited by FIFA to provide its comments on the present matter, the Respondent did not answer to the Claimant’s claim.
II. Considerations of the DRC judge
1. First of all, the 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 31 July 2017. Consequently, the DRC judge concluded that the 2017 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 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 2018) he is competent to deal with the matter at stake, which concerns an employment–related dispute with an international dimension between a player and a club.
3. 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, the DRC judge confirmed that in accordance with art. 26 par. 1 and par. 2 of said Regulations (edition 2018) and considering that the present claim was lodged in front of FIFA on 31 July 2017, the 2016 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 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.
5. In this respect, the DRC judge acknowledged that, on 15 February 2017, the Claimant and the Respondent signed an employment contract, pursuant to which the Respondent undertook to pay to the Claimant EUR 10,000 for the whole duration of the employment relationship.
6. In continuation, the DRC judge noted that, according to the Claimant, the Respondent paid only EUR 2,000 of said amount and, consequently, he put the Respondent in default of payment of “the wage corresponding to his contract” on 12 July 2017.
7. Furthermore, the DRC judge took note that the Respondent, for its part, failed to present its response to the claim of the Claimant, despite having been invited to do so. In this way, the DRC judge deemed, the Respondent renounced its right to defence and, thus, accepted the allegations of the Claimant.
8. Moreover, and as a consequence of the aforementioned 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 already on file.
9. Having said that, the DRC judge underlined that it remained uncontested that the Respondent has not fulfilled its financial obligations set forth in the employment contract signed between the parties and that it failed to pay to the Claimant the amount of EUR 8,000 in accordance with said contract.
10. On account of the above considerations and the documentation on file, the DRC judge decided that, in accordance with the general legal principle of “pacta sunt servanda”, the Respondent is liable to pay the amount of EUR 8,000 to the Claimant.
III. Decision of the DRC judge
1. The claim of the Claimant, Player A, is accepted.
2. The Respondent, Club B (formerly known as Club X), has to pay to the Claimant outstanding remuneration in the amount of EUR 8,000 within 30 days as from the date of notification of this decision.
3. In the event that the above-mentioned amount due to the Claimant is not paid by the Respondent within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the aforementioned time limit and the present matter shall be submitted, upon request, to FIFA’s 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 of every payment received.
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Note relating to the motivated decision (legal remedy):
According to art. 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 (CAS)
Avenue de Beaumont 2
CH-1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: info@tas-cas.org
For the DRC judge:
Omar Ongaro
Football Regulatory Director
Encl.: CAS directives