FIFA - Decisión disputa Mraz 28092023

REF. FPSD-11280

Decision of the Dispute Resolution Chamber passed on 28 September 2023 regarding an employment-related dispute concerning the player Samuel Mraz BY: Calum Beattie (Scotland), Single Judge of the DRC

CLAIMANT:

Samuel Mraz, Slovakia Represented by Monika Hubocka

RESPONDENT:

ANORTHOSIS FAMAGUSTA, Cyprus pg. 2

REF. FPSD-11280

I. Facts of the case

1. On 20 January 2023, the Slovakian player, Samuel Mraz (hereinafter: Claimant or player) and the Cypriot club, Anorthosis Famagusta (hereinafter: club or Respondent) concluded an employment contract (hereinafter: contract) valid as from 20 January 2023 until 30 June

2023.

2. According to the contract, the Respondent undertook to pay the Claimant a monthly salary of EUR 6,000.

3. According to the player, on 21 January 2023, the parties signed an annex the contract

(hereinafter: annex), according to which the club undertook to pay a further monthly salary of EUR 18,000 per month (5x EUR 18,000, in total EUR 90,000) in addition to the player.

4. According to the annex, the player was further entitled to EUR 1,000 for “every goal or assist in official match of the club”.

5. On 26 May 2023, the Respondent offered a settlement agreement to the player, according to which it acknowledged that the salaries as of March 2023 remained outstanding.

II. Proceedings before FIFA

6. On 8 August 2023, the Claimant filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Position of the Claimant

7. In his claim, the Claimant requested payment (“within 30 days”) of EUR 82,000 as

outstanding remuneration related to the salaries of March 2023 until May 2023 as well as outstanding bonuses, plus 5% p.a. interest as of the due dates: pg. 3

REF. FPSD-11280

8. The player argued that his salaries as of March 2023 remained outstanding.

9. Further, the Claimant submitted statistics underlining his 6 goals and 4 assists in official matches for the club.

b. Position of the Respondent

10. Despite being invited to do so, the club failed to reply to the claim. pg. 4

REF. FPSD-11280

III. Considerations of the Dispute Resolution Chamber

a. Competence and applicable legal framework

11. First of all, the Single Judge (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 8 August 2023 and submitted for decision on 28

September 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.

12. Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) of the Procedural Rules and observed that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the Regulations on the Status and Transfer of Players (May 2023 edition), he is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a player and a club.

13. 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 8 August 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

14. 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 it may 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

15. Its 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 it will refer only to the facts, arguments and documentary evidence, which it considered pertinent for the assessment of the matter at hand. pg. 5

REF. FPSD-11280

1. Main legal discussion and considerations

16. The foregoing having been established, the Single Judge moved to the substance of the matter, and took note of the fact that the Claimant requested payment of outstanding remuneration corresponding to the salaries between March 2023 and May 2023, including bonuses for goals and assists in his claim.

17. In this context, the Single Judge acknowledged that his task was to decide if the player is entitled to the claimed amounts.

18. The Respondent, for its part, failed to present its response to the claim of the player, in spite of having been invited to do so. In this way, the Single Judge considered that the

Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant.

19. Furthermore, as a consequence of the aforementioned consideration, the Single Judge concurred that in accordance with art. 21 par. 1 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.

20. First of all the unsigned annex has to be addressed. Even though the document on file is unsigned, it appears that the parties were negotiating a supplementary agreement (cf.

WhatsApp conversation). Taking this into account, as well as the fact that the club failed to dispute the player’s allegations, we propose to take into account the annex.

21. It has to be noted that in the case at hand the Respondent bore the burden of proving that it indeed complied with the financial terms of the contract concluded between the parties.

Nonetheless, the Respondent failed to do so.

22. In this framework, the Single Judge started to analyze the unsigned annex provided by the player. The Single Judge stated that even though the document on file is unsigned, there is proof that the parties were negotiating and agreeing on a supplementary agreement.

Taking this into account, as well as the fact that the club failed to dispute the player’s allegations, the Single Judge concluded to take into account the annex.

23. It has to be noted that in the case at hand the Respondent bore the burden of proving that it indeed complied with the financial terms of the contract concluded between the parties.

Nonetheless, the Respondent failed to do so.

24. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the Single Judge decided to award the player the amount of EUR 82,000. pg. 6

REF. FPSD-11280 ii. Compliance with monetary decisions

25. 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.

26. 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.

27. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the full amount due (including all applicable interest) to the Claimant within 45 days of notification of the decision, failing which, at the request of the Claimant, 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 Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.

28. The Respondent shall make full payment (including all applicable interest) to the bank account provided by the Claimant in the Bank Account Registration Form, which is attached to the present decision.

29. 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

30. 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.

31. 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.

32. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief made by any of the parties. pg. 7

REF. FPSD-11280

IV. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Samuel Mraz, is partially accepted.

2. The Respondent, ANORTHOSIS FAMAGUSTA, must pay to the Claimant the following amount(s): - EUR 4,000 as outstanding remuneration plus 5% interest p.a. as from 1 March 2023 until the date of effective payment; - EUR 27,000 as outstanding remuneration plus 5% interest p.a. as from 1 April 2023 until the date of effective payment; - EUR 25,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2023 until the date of effective payment; - EUR 26,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023 until the date of effective payment.

3. Any further claims of the Claimant are rejected.

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. 8

REF. FPSD-11280

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. 9