THE DISPUTE RESOLUTION CHAMBER OF THE PLAYERS STATUS COMMITTEE

Transcription

1 THE DISPUTE RESOLUTION CHAMBER OF THE PLAYERS STATUS COMMITTEE convening in Zurich, Switzerland, on 15 January 2004 and comprising: Slim Aloulou (Tunisia), Chairman Gerardo Movilla (Spain), member Theo Van Seggelen (The Netherlands) member Maurice Watkins (England), member Paulo Rogerio Amoretty Souza (Brazil), member and deliberating in accordance with Article 42 of the FIFA Regulations for the Status and Transfer of Players (edition September 2001) on a claim lodged by the player X, against the club Y, regarding a contractual dispute between the player and the club. TOOK INTO CONSIDERATION AS TO SUBSTANCE The Chamber duly noted that: On 1 st October 2002, a two-year employment contract was concluded between the player X and the club Y in which the following conditions were stipulated: The player will receive EUR as a signing on fee, EUR as a monthly salary as from 2 October 2002 to 30 September The player X is provided with board and lodging by the club. Various benefits are granted; such as a new Mercedes car and ten business class return flight tickets. Upon signing the contract the player received EUR, as stipulated in the employment agreement. The club received the International Transfer Certificate only fifty days after the conclusion of the above employment contract. The player was granted a four-day leave for family reasons from 3 December to 7 December He returned on 9 December The player was owed the outstanding monthly salaries of October and November 2002 (a total amount of EUR ). 1/5

2 From 9 December to 18 December 2002 the Yfootball team moved to for a training session. In this circumstance the management informed the players that, in spite of its financial difficulties, the club would pay all the outstanding salaries due to the players, upon return to the home country. At the end of the training period in, Mr. X informed the club that, should he not be paid his outstanding salaries immediately, he would leave the club. On 18 December 2002 the player refused to go back with the rest of the team. The club contacted the player s agent and invited the player to meet for the payment of his outstanding monthly salaries of October, November and December The player refused to meet the club s board unless he would receive the outstanding salary of January as well. By the end of December 2002, the player informed the club that he had asked for the intervention of FIFA and that he would not join the team again before a final decision has been taken by FIFA itself. The player actually asked for FIFA s intervention only on 18 February On 2 June 2003, Y and X sat a conciliatory meeting under the auspices of FIFA, whereby the parties involved agreed on the following: 1. Y will pay to X the salaries for the months of October, November and December 2002 in the amount of EUR each, for a total amount of EUR within 30 days as from the signature of this agreement. X shall notify to the club within the next seven days on which bank account the money shall be deposited. 2. For the months of January until June 2003 the player waives his right to receive any payment from Y. 3. Y and X herewith declare that with the payment of the amount as provided for under point 1 of this settlement agreement, the parties do not have any further obligations pending towards each other for the past and that this agreement is in settlement of all dues. 4. The player will report to Y on 1 July 2003 and will be at the club s disposal. As from 1 July 2003 Y will start paying the salary of X again. 5. All subsequent salary payments will be made in accordance with the existing employment contract signed on 2 October Y and X agree to extend until 31 December 2004 the employment contract ending on 30 September All contractual provisions are thus extended accordingly. 7. With the signature of this agreement both Y and X withdraw their respective claims against each other. The case will consequently be withdrawn from the agenda of the FIFA Dispute Resolution Chamber scheduled on 6 June Each party will bear its own legal costs and expenses (proceedings at FIFA, lawyers, etc.) and declares that nothing is due in this respect to the other party. 9. The above-mentioned parties agree that the case is herewith terminated. 2/5

3 As from the beginning of August 2003 to date the player s legal representative has informed FIFA of the troubles his client underwent with the club. In particular, the player has not been paid the outstanding salaries of September and October 2003, plus EUR as for the monthly salary of August. Moreover, the club withdrew the player s passport. Requested to give reasons for such behaviour and for non-complying with the settlement agreement concluded on 2 June 2003, the club has never responded. On 10 December 2003 the player, in order to be given his passport back, had to sign an additional agreement with the club, according to which several deductions to the player s salary would apply. On 11 December 2003 the player left the club s country. Upon demand of the player, and in light of the situation he was undergoing, FIFA, on 17 December 2003, decided to provisionally authorise the player to conclude an employment contract with a club of his choice. In view of the above, the player, Mr. X, asks the FIFA Dispute Resolution Chamber to condemn Y to pay him EUR, corresponding to the outstanding salaries of August, September and October 2003, plus the amount of EUR as the monthly salaries due until the expiry of the contract, on 31 December In addition to that, the player asks EUR as compensation for the damages suffered. Taking into consideration the above, the Chamber outlined that: - As established in art of the FIFA Regulations for the Status and Transfer of Players, it falls within the purview of the Dispute Resolution Chamber to determine whether one of the parties has committed a unilateral breach of contract without just cause. - If the employment contract was breached by a party, the Dispute Resolution Chamber is responsible to verify whether this party is accountable for compensation and outstanding payments. - Also, and as outlined in the mentioned article, the Dispute Resolution Chamber will establish the amount of compensation to be paid and decide whether sports sanctions must be imposed. - Firstly, with respect to the fact that the club withdrew the player s passport, the Chamber outlined that it is imperative to recall that the passport in question is property of the Republic of Z and that such abusive withdrawn represents a criminal offence. - Furthermore, the Chamber took note of the fact that, not only the club despised the contents of the settlement agreement concluded on 2 June 2003 under the auspices of FIFA, but also it never provided reasons for such stance. - The behaviour of Y, that did not even respect a settlement agreement signed between the parties in the presence of the FIFA representatives, is more than reproachable and represents a clear evidence of bad faith when the contract was signed. - The Chamber is also eager to recall the circumstances under which the above-mentioned conciliatory meeting had been organised by FIFA: as a matter of fact, by that time the club Y was already in breach of the employment contract. - The Chamber has emphasised that the club is strongly recommended to desist from such behaviour in the future. 3/5

4 - The Chamber had further to note that cases in which the club was breaching the employment contract with players were increasing, showing a worrying tendency, which has to be strongly condemned. - The relevant Football Association is therefore requested to take all necessary measures to make sure that its club complies with all commitments taken with either other clubs or with players. - The Chamber outlined that the club is to be held fully responsible for the breach of the employment contract, namely, for not having complied with its contractual obligation to pay the player s salaries. - Further emphasis was placed on the fact that the additional agreement signed by the player on 10 December 2003, and according to which several deductions to the player s salary would apply, shall not be considered. - The contract is terminated as from 17 December 2003, date on which FIFA decided to provisionally authorise the player to conclude an employment contract with a club of his choice. - On the other hand, the Chamber took note of the player s request to be granted EUR, corresponding to the outstanding salaries of August, September and October 2003, plus the amount of EUR as the monthly salaries due until the expiry of the contract, on 31 December In addition to that, the player asks EUR as compensation for the damages suffered. - It is unquestionable that the player, apart from the outstanding salaries due until the termination of his employment contract, is entitled to receive some compensation. - The Chamber deemed that the above compensation shall consist of three monthly salaries after the termination of the contract, which occurred on 17 December 2003, particularly taking into account that the player has immediately after signed an employment contract with the club, and could therefore continue his career without a major interruption. - In light of the above, the club shall pay to Mr. X the amount of EUR as a payment in compliance with the outstanding salaries due until 17 December 2003, date of the termination of the contract, plus the amount of EUR, corresponding to the value of three monthly salaries, as compensation for breach of contract without valid reason. - To conclude with, the Chamber emphasised that the club Y has to be sanctioned for contractual breach, according to Art. 23 par. 2 lit. a) of the Regulations for the Status and Transfer of Players, which states that in the case of the club breaching a contract, the sanction shall be a ban on registering any new player, either nationally or internationally, until the expiry of the second transfer period following the date on which the breach became effective, namely, on 11 December /5

5 DECIDED FOR THESE REASONS 1. The claim of the player is partially accepted. 2. The contract is terminated as from 17 December The club Y has to pay to the player the following amounts: The amount of EUR in compliance with the outstanding salaries due until 17 December The amount of EUR, as compensation for breach of contract without valid reason. The above payment of EUR is due within 30 days of notification of the present decision. 4. If the club Y fails to comply with the above-mentioned deadline, an interest rate of 5% per year will apply. 5. The registration of Mr. X with the club is confirmed. 6. The club Y is strongly reproached for the stance shown in this case. 7. A ban is imposed on the club Y from registering any new player, either nationally or internationally, until the expiry of the next transfer period. 8. According to art. 60 par. 1 of the FIFA Statutes this decision may be appealed before the Court of Arbitration for Sport (CAS) within 10 days of receiving notification of this decision, by contacting the court directly in writing and by following the directions issued by the CAS, copy of which we enclose hereto. Within another 10 days following the expiry of the time-limit for the appeal, the appellant shall file with the CAS a brief stating the facts and legal arguments giving raise to the appeal. The full address and contact numbers of the CAS are the following: Avenue de l Elysée Lausanne Tel: Fax: info@tas-cas.org For the Dispute Resolution Chamber of the FIFA Players Status Committee, Urs Linsi General Secretary 5/5