F.I.F.A. – Camera di Risoluzione delle Controversie (2016-2017) – debiti scaduti – ———- F.I.F.A. – Dispute Resolution Chamber (2016-2017) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 September 2016, in the following composition: Geoff Thompson (England), Chairman Theo van Seggelen (Netherlands), member Jon Newman (USA), member Mario Gallavotti (Italy), member Taku Nomiya (Japan), member on the claim presented by the player, A, country F, as Claimant against the club, B, country T 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 (2016-2017) – debiti scaduti – ---------- F.I.F.A. - Dispute Resolution Chamber (2016-2017) – overdue payables – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 30 September 2016, in the following composition: Geoff Thompson (England), Chairman Theo van Seggelen (Netherlands), member Jon Newman (USA), member Mario Gallavotti (Italy), member Taku Nomiya (Japan), member on the claim presented by the player, A, country F, as Claimant against the club, B, country T as Respondent regarding an employment-related dispute between the parties in connection with overdue payables I. Facts of the case 1. On 14 July 2014, the player from F, A (hereinafter: Claimant), and the club from T, B (hereinafter: Respondent), signed an employment contract valid as from 17 July 2014 until 31 May 2015. 2. In accordance with the employment contract, the Respondent undertook to pay to the Claimant, inter alia, a monthly salary of EUR 48,000 during 10 months as from September 2014 until June 2015. 3. By correspondence dated 16 June 2016, the Claimant put the Respondent in default of payment of his monthly salary for April, May, and June 2015 totalling the amount of EUR 144,000, setting a time limit expiring on 30 June 2016 in order to remedy the default. 4. On 22 June 2016, and completed on 22 July 2016, the Claimant lodged a claim against the Respondent in front of FIFA asking that the club be ordered to pay to him overdue payables in the amount of EUR 144,000 corresponding to 3 salaries, i.e. as from April 2015 until June 2015. 5. In spite of having been invited to do so, the Respondent has not replied to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter: Chamber or 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 22 June 2016. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; hereinafter: Procedural Rules) are 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 in conjunction with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 2016), it is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between a player from F and a club from T. 3. Furthermore, the DRC 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 2016), and considering that the present claim was lodged 22 June 2016, the 2016 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 DRC entered into the substance of the matter. In this respect, the DRC started by acknowledging all the above-mentioned facts as well as the arguments and the 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. Having said this, the DRC acknowledged that the Claimant and the Respondent signed an employment contract valid as from 17 July 2014 until 31 May 2015, in accordance with which the Claimant was entitled to receive from the Respondent, inter alia, a monthly salary of EUR 48,000 during 10 months as from September 2014 until June 2015. 6. 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 144,000 corresponding to his salaries for April, May, and June 2015. 7. In this context, the DRC took particular note of the fact that, on 16 June 2016, the Claimant put the Respondent in default of payment of the aforementioned amount, setting a time limit expiring on 30 June 2016 in order to remedy the default. 8. Consequently, the DRC 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). 9. Subsequently, 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 DRC considered that the Respondent renounced its right to defence and thus accepted the allegations of the Claimant. 10. Furthermore, as a consequence of the aforementioned consideration, the Chamber 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 provided by the Claimant, the Respondent was obliged to pay to the Claimant the amount of EUR 48,000 per month as from September 2014 until and including June 2015. 12. Taking into account the documentation presented by the Claimant in support of his petition, the DRC concluded that the Claimant had substantiated his claim pertaining to overdue payables with sufficient documentary evidence. 13. On account of the aforementioned considerations, the DRC established that the Respondent failed to remit the Claimant’s remuneration in the total amount of EUR 144,000 corresponding to the Claimant’s salary for April, May, and June 2015. 14. In addition, 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 144,000. 16. In continuation, taking into account the consideration under number II./14. above, the DRC 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. 17. The DRC further established that by virtue of art. 12bis par. 4 of the Regulations it has competence to impose sanctions on the Respondent. Bearing in mind that the Respondent did not reply to the claim of the Claimant and that the Respondent has previously been found by the Dispute Resolution Chamber to have neglected its contractual obligations towards players on multiple occasions in the recent past, the DRC decided to impose a fine on the Respondent in accordance with art. 12bis par. 4 lit. c) of the Regulations. On this basis and taking into consideration the amount due of EUR 144,000, the DRC regarded a fine amounting to CHF 30,000 as appropriate and hence decided to impose said fine on the Respondent. 18. In this connection, 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 accepted. 2. The Respondent, B, has to pay to the Claimant overdue payables in the amount of EUR 144,000 within 30 days as from the date of notification of this decision. 3. In the event that the 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 said time limit and 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 DRC of every payment received. 5. The Respondent is ordered to pay a fine in the amount of CHF 30,000. 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: Marco Villiger Deputy Secretary General Encl. CAS directives