F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2020-2021) – fifa.com – atto non ufficiale – Decision 13 August 2020
Decision of the
Dispute Resolution Chamber
passed on 13 August 2020,
regarding an employment-related dispute concerning the player OKWUCHUKWU
FRANCIS EZEH
COMPOSITION:
Clifford J. Hendel (USA/France), Deputy Chairman
Alexandra Gómez Bruinewoud (Uruguay/The Netherlands), member
Pavel Pivovarov (Russia), member
CLAIMANT:
OKWUCHUKWU FRANCIS EZEH, Nigeria
Represented by Mr Yakub Kizilkaya
RESPONDENT:
BALIKESIRSPOR, Turkey
Represented by Messrs Mehmet Aygün and Özlem Çokkeskin Aygün
I. FACTS OF THE CASE
1. On 21 June 2019, the Nigerian player, Mr Okwuchukwu Francis Ezeh (hereinafter: the player or
Claimant) and the Turkish club, Balikesirspor (hereinafter: the club or Respondent) signed an
employment contract (hereinafter: the contract) valid as from 21 August 2019 until 31 May
2020.
2. According to the contract, the player was entitled to receive a “guarantee fee payment” of
EUR 50,000, to be paid in monthly instalments of EUR 5,000 between 30 September 2019 and
30 June 2020.
3. On 8 April 2020, the player lodged a claim against the club in front of FIFA.
4. In his claim, the player held that “the club hasn’t completed its financial obligations” considering
that the player “didn’t receive any payment until today”.
5. In light of the above, the player requested the payment of EUR 35,000, plus 5% interest p.a. as
from the due date of each payment.
6. The player also requested the imposition of a fine on the club.
7. In spite of being invited to do so, the club 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 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 8 April 2020.
Consequently, the November 2019 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 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 (June 2020 edition), 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 Nigerian player and a Turkish club.
3. Furthermore, the DRC analysed which regulations should be applicable as to the substance of
the matter. In this respect, the Chamber confirmed that in accordance with art. 26 par. 1 and
par. 2 of the Regulations on the Status and Transfer of Players (June 2020 edition), and
considering that the present claim was lodged on 8 April 2020, the March 2020 edition of said
regulations (hereinafter: Regulations) is applicable to the matter at hand as to the substance.
4. The competence of the DRC 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 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 Claimant and the Respondent signed an
employment contract on 21 June 2019, valid as from 21 August 2019 until 31 May 2020.
Moreover, the Chamber observed that pursuant to the contract, the Claimant was entitled to
receive the total amount of EUR 50,000, to be paid in monthly instalments of EUR 5,000
between 30 September 2019 and 30 June 2020.
6. In continuation, the Chamber noted the Claimant’s allegations that he “didn’t receive any
payment until today”.
7. Subsequently, the Chamber noted that the Respondent failed to provide its reply to the claim,
in spite of having been invited to do so. By not presenting its position to the claim, the DRC was
of the opinion that the Respondent renounced its right of defence and thus, in principle,
accepted the allegations of the Claimant.
8. 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 already on file; in other words, upon the statements and documents
presented by the Claimant.
9. In this context, the Chamber pointed out that it remained uncontested that the Claimant was in
fact entitled to receive the total amount of EUR 50,000, to be paid in monthly instalments of
EUR 5,000.
10. On account of the aforementioned considerations and taking into account the Claimant’s claim
in the total amount of EUR 35,000, the Chamber established that said amount corresponded in
fact to the monthly instalments of September 2019 until March 2020, i.e. 7 monthly instalments
of EUR 5,000 each.
11. Consequently, the Chamber decided that, in accordance with the general legal principle of pacta
sunt servanda, the Respondent is liable to pay to the Claimant the total amount of EUR 35,000.
12. In addition, taking into consideration the Claimant’s request and the constant practice of the
Dispute Resolution Chamber (DRC) in this regard, the Chamber decided to award the Claimant
interest on the above-mentioned amounts, as follows:
5% interest p.a. as from 1 October 2019 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 November 2019 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 December 2019 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 January 2020 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 February 2020 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 March 2020 until the date of effective payment on the
amount of EUR 5,000;
5% interest p.a. as from 1 April 2020 until the date of effective payment on the amount
of EUR 5,000.
13. Furthermore, the Chamber referred to par. 1 and 2 of art. 24bis of the Regulations, which
stipulate that, with its decision, the pertinent FIFA deciding body shall also rule on the
consequences deriving from the failure of the concerned party to pay the relevant amounts of
outstanding remuneration and/or compensation in due time.
14. In this regard, the DRC pointed out that, against clubs, the consequence of the failure to pay
the relevant amounts in due time shall consist of a ban from registering any new players, either
nationally or internationally, up until the due amounts are paid and for the maximum duration
of three entire and consecutive registration periods.
15. Therefore, bearing in mind the above, the DRC decided that, in the event that the Respondent
does not pay the amounts due to the Claimant within 45 days as from the moment in which the
Claimant, following the notification of the present decision, communicates the relevant bank
details to the Respondent, a ban from registering any new players, either nationally or
internationally, for the maximum duration of three entire and consecutive registration periods
shall become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of the
Regulations.
16. Finally, the DRC recalled that the above-mentioned ban will be lifted immediately and prior to
its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of
the Regulations.
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, Okwuchukwu Francis Ezeh, is accepted.
2. The Respondent, Balikesirspor, has to pay to the Claimant, the following amount:
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 October 2019 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 November 2019 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 December 2019 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 January 2020 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 February 2020 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 March 2020 until the
date of effective payment;
- EUR 5,000 as outstanding remuneration plus 5% interest as from 1 April 2020 until the date
of effective payment;
3. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank
account to which the Respondent must pay the due amount.
4. The Respondent shall provide evidence of payment of the due amount in accordance with this
decision to psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages
(English, French, German, Spanish).
5. In the event that the amount due, plus interest as established above is not paid by the Respondent
within 45 days, as from the notification by the Claimant of the relevant bank details to the
Respondent, the following consequences shall arise:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods. The aforementioned ban mentioned will be
lifted immediately and prior to its complete serving, once the due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the
Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party
within five days of the notification of the motivated decision, to publish an anonymised or a redacted
version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
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