FIFA - Decisión disputa Layouni 26102023

REF. FPSD-11899

Decision of the Dispute Resolution Chamber passed on 26 October 2023 regarding an employment-related dispute concerning the player Amor Layouni BY: Jorge Gutiérrez, Costa Rica

CLAIMANT:

Amor Layouni, Sweden & Tunisia Represented by Monteneri Sports Law

RESPONDENT:

Pyramids FC, Egypt pg. 2

REF. FPSD-11899

I. Facts of the case

1. On 15 January 2021, the Swedish and Tunisian player, Amor Layouni (hereinafter: the player or the Claimant), and the Egyptian club, Pyramids FC (hereinafter: the club or the Respondent), concluded an agreement in connection with the employment relationship previously maintained between them (hereinafter: the Agreement).

2. The recitals section of the Agreement read as follows: “(A) The player and the club entered into an employment agreement dated 17th September 2019 which is due to expire at the end of 2021/22 season (three seasons) and a Rescheduling Contract for Season 2020/2021 Salaries dated 1 December 2020

(hereinafter referred to collectively as the ‘Employment Agreements’). (B) The player wishes to complete a permanent transfer to Válerenga Fotball Elite (the ‘Transferee Club’) and the club is willing to use reasonable endeavours to complete the permanent transfer of the Player to the Transferee Club. I It is intended that the Employment Agreements shall be terminated with effect from the date on which the Player’s permanent transfer to the Transferee Club is completed (the ‘Termination Date’)”.

3. Furthermore, clause 2.1 of the Agreement read inter alia as follows: “(b) An agreed compensation for the termination (‘Agreed Compensation’) shall be paid to the Player. The Agreed Compensation amounts to USD 300.000 (three hundred thousand) net that shall be fully paid to the Player no later than 2022-12-31.

[...] (c) The Player has the right to receive the full transfer fee paid by the Transferee club accordingly to 2.1.D. (d) The Transferee Club pays to Pyramids a total amount of USD 450.000 (USD four hundred fifty thousand) (‘Transfer Fee’) at the following dates: USD 150.000 (USD one hundred fifty thousand) 2021-05-30 USD 150.000 (USD one hundred fifty thousand) 2022-05-30 USD 150.000 (USD one hundred fifty thousand) 2023-05-30 pg. 3

REF. FPSD-11899

(e) The Club shall pay the Player the Transfer Fee paid by the Transferee Club no later than ten (10) business days after receiving every instalment. (f) The Transferee club is responsible for providing the Club and the Player with a proper receipt of every payment at the pay dates of: 30th May 2021, 2022 and 2023. (g) If the Transferee club is late with its payment, the Club shall not have to pay the Player until the amount has been received by the Transferee Club. (j) (h) The total payments to be made will not exceed USD 750.000 (USD seven hundred fifty thousand) and shall be fully paid before the end of June 2023. By receiving from the Club the Agreed Compensation (which is USD 300.000), the Player acknowledges that he has no right to claim the Club with any claim or amount derived from Employment Agreements.i) The Club cannot be responsible or held accountable if the Transferee Club don’t follow their obligations for paying the USD 450.000 (USD four hundred fifty thousand). In other words, it is agreed between the Parties that the Club shall not be responsible for any delay or default made by the Transferee Club in paying the Transfer Fee. The Transfer Fee will not be due as long as the Transferee Club fails to comply with its obligations.

(j) All payments within this agreement is to be considered as payments for the players services during his playing time in the club, from the date of 19th September 2019 until the termination date”.

4. By correspondence dated 10 January 2023, the player put the club in default of payment of USD 300,000 net corresponding to the first and the second instalments of the Agreement.

5. On 13 March 2023, the player lodged a first claim against the club before the Football Tribunal for the same USD 300,000 net plus interests. The case was filed under ref. no.

FPSD-9587.

6. On 4 May 2023, the FIFA Dispute Resolution Chamber (DRC) passed a decision in the abovementioned case, the grounds of which were notified to the parties on 2 June 2023

(hereinafter: the DRC Decision). Accordingly, the club was inter alia ordered to pay the player the USD 300,000 net plus 5% interest p.a. as from 1 January 2023.

7. On 17 August 2023, the player put the club in default and requested payment of the third and last instalment of the Agreement (i.e., USD 150,000 net). Contextually, the player granted a 10 days’ deadline for the default to be cured, to no avail. pg. 4

REF. FPSD-11899

8. On 22 September 2023, the player lodged a claim against the club for overdue payables.

9. In his claim, the player referred to the wording of the Agreement and claimed that the third instalment of the transfer fee had now fallen due and was paid by Válerenga Fotball Elite to the club on 14 July 2023. Consequently, the player argued that such amount should have been paid by the club to him by no later than 31 July 2023.

10. Given the above, the player requested to be awarded USD 150,000 net plus 5% interest p.a.

as from 1 August 2023 until the date of effective payment.

11. On its turn, the club failed to reply to the claim of the player, despite being invited to do so.

II. Considerations of the Dispute Resolution Chamber

a. Competence and applicable legal framework

12. First of all, the Single Judge of the DRC (hereinafter also referred to as Single Judge) analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was presented to FIFA on 22 September 2023 and submitted for decision on 26 October 2023. Taking into account the wording of art. 34 of the March 2023 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.

13. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed that in accordance with art. 23 par. 2 in combination with art. 22 par. 1 lit. b) of the Regulations on the Status and Transfer of Players (May 2023 edition), the DRC is competent to deal with the matter at stake, which concerns an employment-related dispute with an international dimension between an Swedish / Tunisian player and an Egyptian club.

14. Subsequently, the Single Judge analysed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (May 2023 edition), and considering that the present claim was lodged on 22 September 2023, the May 2023 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance.

b. Burden of proof

15. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13

par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may pg. 5 REF. FPSD-11899 consider evidence not filed by the parties, including without limitation the evidence generated by or within the Transfer Matching System (TMS). c. Merits of the dispute

16. The competence and the applicable regulations having been established, the Single Judge entered into the merits of the dispute. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Single 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.

1. Main legal discussion and considerations

17. The foregoing having been established, the Single Judge moved to the substance of the matter, and took note of the fact that it pertains to a claim for overdue payables lodged by the player against the club in connection with the Agreement.

18. Within this context, the Single Judge acknowledged that the club, for its part, failed to present its response to the claim of the player despite having been invited to do so. As such, the Single Judge considered that the club renounced its right to defence. He equally confirmed that he should make its decision on the basis of the evidence and argumentation presented by the player in line with art. 21 par. 1 of the Procedural Rules.

19. On this note and having carefully analysed the documentation on file, the Single Judge took due consideration that the USD 150,000 now claimed by the player were undisputedly received by the club from Valerenga Fotball Elite, however, were not “re-paid” to the player in line with the wording of clause 2.1, lit. c, d and e) of the Agreement.

20. Consequently, and on the basis of the general legal principle of pacta sunt servanda, the Single Judge decided that the club must pay to the player the amount sought. The Single Judge felt furthermore comforted with his conclusion by considering that it was in line with the findings of the previous dispute opposing the same parties before the DRC.

21. In addition, taking into consideration the player’s request, the principle of ne ultra petita, and the constant practice of the DRC in this regard, the Single Judge decided to award the Claimant interest at the rate of 5% p.a. on the outstanding amount as from 1 August 2023 until the date of effective payment. ii. Art. 12bis of the Regulations

22. In continuation, the Single Judge 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 pg. 6

REF. FPSD-11899 without a prima facie contractual basis may be sanctioned in accordance with art. 12bis par. 4 of the Regulations.

23. To this end, the Single Judge confirmed that the player put the club in default of payment of the amounts sought, which had fallen due form more than 30 days, and granted the club with 10 days to cure such breach of contract.

24. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations he has competence to impose sanctions on the club. On account of the above and bearing in mind that this is the second offense by the club within the last two years, the Single Judge decided to impose a reprimand on the club in accordance with art. 12bis par. 4 lit. b) of the

Regulations.

25. In this connection, the Single Judge 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. Compliance with monetary decisions

26. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24 par. 1 and 2 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.

27. In this regard, the Single Judge highlighted 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. The overall maximum duration of the registration ban shall be of up to three entire and consecutive registration periods.

28. Therefore, bearing in mind the above, the Single Judge decided that the club must pay the full amount due (including all applicable interest) to the player within 45 days of notification of the decision, failing which, at the request of the player, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become immediately effective on the club in accordance with art. 24 par. 2, 4, and 7 of the Regulations.

29. The club shall make full payment (including all applicable interest) to the bank account provided by the player in the Bank Account Registration Form, which is attached to the present decision. pg. 7

REF. FPSD-11899

30. The Single Judge 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. 24 par. 8 of the Regulations.

d. Costs

31. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which “Procedures are free of charge where at least one of the parties is a player, coach, football agent, or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be

imposed on the parties.

32. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art. 25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be awarded in these proceedings. pg. 8

REF. FPSD-11899

III. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Amor Layouni, is accepted.

2. The Respondent, Pyramids FC, must pay to the Claimant the following amount(s): - USD 150,000 net as outstanding remuneration plus 5% interest p.a. as from 1 August 2023 until the date of effective payment.

3. A reprimand is imposed on the Respondent.

4. Full payment (including all applicable interest) shall be made to the bank account indicated in the enclosed Bank Account Registration Form.

5. Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment

(including all applicable interest) is not made within 45 days of notification of this decision, the following consequences shall apply:

1. The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid. The maximum duration of the ban shall be of up to three entire and consecutive registration periods.

2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee in the event that full payment (including all applicable interest) is still not made by the end of the three entire and consecutive registration periods.

6. The consequences shall only be enforced at the request of the Claimant in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.

7. This decision is rendered without costs.

For the Football Tribunal: Emilio García Silvero Chief Legal & Compliance Officer pg. 9

REF. FPSD-11899

NOTE RELATED TO THE APPEAL PROCEDURE:

According to article 57 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 17 of the Procedural Rules Governing the Football

Tribunal).

CONTACT INFORMATION

Fédération Internationale de Football Association FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777 pg. 10