FIFA - Decisión disputa Normann 15112023

REF. FPSD-11614

Decision of the Dispute Resolution Chamber passed on 15 November 2023 regarding an employment-related dispute concerning the player Mathias Antonsen Normann

COMPOSITION:

Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman Dana MOHAMED AL-NOAIMI (Qatar), member Stefano SARTORI (Italy), member

CLAIMANT:

FC Rostov, Russia

RESPONDENT 1:

Mathias Antonsen Normann, Norway Represented by Eirik Monsen

RESPONDENT 2:

Al Raed, Saudi Arabia Represented by Pedro Macieirinha pg. 2

REF. FPSD-11614

I. Facts of the case The parties

1. The parties to the dispute are:

a. The Russian club, FC Rostov (hereinafter: the Claimant, Rostov, or the Club). The Claimant is headquartered in the city of Rostov-on-Don, Russia, and affiliated to the Football Union of Russia (FUR). b. The Norwegian footballer, Mathias Antonsen Normann (hereinafter: the Respondent 1 or the Player). The Respondent 1 was born on 28 May 1996. c. The Saudi club, Al Raed (hereinafter: the Respondent 2, Al Raed, or the New Club). The Respondent 2 is headquartered in the city of Buraydah, Saudi Arabia, and affiliated to the Saudi Arabian Football Federation (SAFF).

2. The Player and the New Club are hereinafter jointly referred to as the Respondents.

The employment contract between the Player and the Club

3. On 31 December 2019, the Player and the Club entered into a fixed-term employment contract, valid as from the same date until 31 December 2024 (hereinafter: the First Employment

Agreement). The Player was accordingly 23 years old when he signed the First Employment Agreement.

4. On 28 August 2021, the Claimant and the Respondent entered into a new fixed-term employment contract, valid from 1 January 2025 to 31 December 2025 (hereinafter: the Second

Employment Agreement).

5. The First Employment Agreement and the Second Employment Agreement are hereinafter jointly referred to as the Contract.

6. According to the Annexes to the Contract, the Respondent undertook to pay the Claimant:

a. EUR 25,000 net per month from 31 December 2019 until 31 December 2025. b. Additional payments of EUR 255,000 net each, on 30 June and 31 December of each year, provided that the Contract was in force at the time of payment. The Player’s loan to Norwich City FC pg. 3

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7. On 30 August 2021, the Player, the Club and the English club, Norwich City FC (hereinafter: NCFC) entered into a loan transfer agreement (hereinafter: the Norwich Loan Agreement), by means of which the player’s services were transferred on a temporary basis from the Club to NCFC until 30 June 2022.

8. The Norwich Loan Agreement included inter alia a loan fee of EUR 3,000,000 due by NCFC to the Club as well as a purchase option for the permanent transfer of the Player’s services against payment of EUR 13,000,000. Said purchase option was not exercised by NCFC.

The suspension of the Contract per Annexe 7 of the Regulations on the Status and Transfer of Players

9. On 24 February 2022, the Russian Federation launched an armed invasion in Ukraine.

10. On 9 March 2022, FIFA issued Circular Letter no. 1787 and Annexe 7 to the Regulations on the Status and Transfer of Players (RSTP), by means of which inter alia employment contracts

between foreign players and clubs affiliated to the FUR would be suspended until 30 June 2022, provided that a mutual agreement with the club could not be reached before or on 10 March 2022 and unless otherwise agreed between the parties.

11. On 15 March 2022, FIFA issued the Interpretative Note to Annexe 7 of the RSTP, to provide guidance to the football stakeholders in relation to the Annexe 7. The amendment of the Annexe 7 in line with such Note was also confirmed via Circular Letter no. 1788, issued on 24

March 2022.

12. On 20 June 2022, FIFA issued the Circular Letter no. 1800 by means of which it extended the effects of the Annexe 7 of the RSTP and inter alia provided for further temporary measures concerning employment contracts of foreign players and clubs affiliated to the FUR. Article 3, par. 1 of Annexe 7 of the RSTP (June 2022 edition) reads as follows: “(…) unless otherwise agreed between the parties, a contract of an international dimension between a player or a coach and a club affiliated to the FUR can be unilaterally suspended until 30 June 2023 by the player or the coach, provided that a mutual agreement with the club could not be reached before or on 30 June 2022”.

13. On 24 June 2022, the Player notified the Club of the suspension of the Contract per Annexe 7

RSTP from 1 July 2022 until 30 June 2023. The Player’s loan to FC Dynamo Moscow

14. On 2 September 2022:

a. The Player sent a notice to the Club asking to “renew the employment agreement” signed between them, starting from 5 September 2022. pg. 4 REF. FPSD-11614 b. the Claimant, the Respondent 1 and the Russian club, FC Dynamo Moscow (hereinafter: Dynamo Moscow) entered into a loan agreement (hereinafter: the

Dynamo Loan Agreement) by means of which the player’s services were transferred on a temporary basis from the Club to Dynamo Moscow from 6 September 2022 until 20 August 2023.

15. The Dynamo Loan Agreement included inter alia a loan fee of EUR 1,000,000 due by Dynamo to the Club as well as a purchase option for the permanent transfer of the Player’s services for EUR 8,500,000, per its Addendum. Said purchase option was not exercised by Dynamo Moscow.

16. Contextually, the Player and Dynamo Moscow signed an employment agreement valid for the duration of the Dynamo Loan Agreement.

Notices exchanged between the parties and the termination of the Contract

17. On 22 May 2023, FIFA issued the Circular Letter no. 1849 by means of which it extended the effects of the Annexe 7 of the RSTP and inter alia provided for further temporary measures concerning employment contracts of foreign players and clubs affiliated to the FUR. In particular, such letter addressed the new wording of Annexe 7 of the RSTP in line with the May 2023 edition of said regulations and underlined certain limitations of their application.

Specifically, it was therein defined that the application of Annexe 7 could not take place for players who decided to stay in Russia or Ukraine in spite of the war.

18. On 5 July 2023, the player’s representative sent a letter to the Claimant, which is reproduced in totum below: The Law firm Monsen, by the undersigned, has been contacted by Mr. Mathias Normann

(hereinafter the “Player”), through the Norwegian Players Association (NISO), and will assist the Player in the following. I kindly request that further correspondence related to the content of what is described below, is directed to the undersigned, preferable by e-mail: […]. Please find attached a duly signed Power of Attorney in this regard. As well known for the Joint Stock Company Football Club Rostov (hereinafter the “Club”), the

parties concluded an employment contract on 28 August 2021, valid until the end of 2024, but extended until 31.12.2025, by a renewed employment contract. As also well known for the Club, the parties concluded a loan agreement with Dynamo Moscow (hereinafter “Moscow”) from 6 September 2022 until the end of August 2023 – a tripartite loan agreement which the Player currently is subject to. By the time of the conclusion of the tripartite loan agreement, the Player had the possibility to unilaterally suspend the employment contract with the Club in accordance with the FIFA RSTP Annexe 7, due to the ongoing conflict in Russia/Ukraine. However, by that time, the pg. 5

REF. FPSD-11614

Player felt sufficiently safe to stay in Russia, after which the loan agreement was concluded for one contractual year. Due to the Players decision to stay in Russia for the 2022/23-season, he is now prevented from making use of the FIFA RSTP Annexe 7 for the upcoming season, based on the amendments made by the FIFA Bureau of Council, expressed in its Circular no. 1849, dated 22 May 2023. Firstly, the Player disagree with the amendments made by FIFA to the Annexe 7, given that players were never informed of those consequences. Should the player have known that by staying in Russia to comply with his contract he – at a later stage – would not have the possibility to suspend the contract if the situation on Russia deteriorated, he might have decided differently. Secondly, the situation in Russia has since May 2023 evolved rapidly in an unfortunate and uncertain direction, a situation clearly not foreseen by FIFA when amending FIFA RSTP Annexe 7 in May this year. The current events with the ongoing tension in Russia have caused the Player to feel unsafe and to fear for his own life. The feeling of fear was amplified when the Player had to return to Moscow last week, as he

met a city completely changed from what he left before the summer holiday. We do not find it necessary to elaborate on this any further, as the Club is well known with the current situation in Russia, both in the city of Moscow and the city of Rostov. Further it shall be mentioned that the Ministry of Foreign Affairs in Norway strongly advises against all travels to Russia, due to the ongoing situation in the country. This is clearly contributing to the fear and uncertainty the Player is experiencing. To our understanding, the current situation in Russia clearly is an event of force majeure. There is an ongoing tension beyond the parties’ control. A tension which can escalate quickly. There is an event which the parties could not reasonably provided against before entering into the contract. An event which could not reasonable have been avoided or overcome, and which is not attributable to any of the parties. The current situation has an uncertain outcome, making it impossible for the Player to conduct his services as a footballer in a safe and stable environment. The Clubs (both Moscow and Rostov) are not in a position where they can guarantee for the Players health and safety due to the current circumstances and the Player express great concern for his welfare and life. Even though we are of the clear opinion that the current situation legitimates a unilateral termination of the contract, we address this matter in an attempt to find an amicable solution with the Club and Moscow. pg. 6

REF. FPSD-11614

A letter is also addressed to Moscow, in this regard. In this respect we invite the Club for discussions to see whether it is possible to find a common ground on this delicate and difficult matter, for all parties involved. Due to the urgency of the matter at hand, we kindly ask the Club to give the matter priority and respond as soon as possible. For the sake of good order, all rights of our client are reserved. Best regards Advokatfirmaet Monsen AS Eirik Monsen”

19. On 10 July 2023, the Club replied to the Player as follows:

“Dear Mr. Monsen, We acknowledge receipt of your letter of 05 July 2023 and in response we would like to inform you the following. We remind you that in September 2022 your client, the player Mathias Normann, voluntarily renewed the employment contract with FC Rostov, which he had previously suspended in accordance with the Decision taken by FIFA regarding foreign players. Then, Mathias returned to Russia and signed a tripartite transfer agreement with FC Dynamo (Moscow) and FC Rostov, according to which Mathias spent the entire sports season 2022/23 on loan at FC Dynamo. We remind you that your client’s period of loan expires on 20 August 2023, and therefore, the employment relationship between Mathias Normann and FC Rostov is resumed on 21 August 2023, according to the concluded employment contract of 31.12.2019, which expires on 31 December 2024. We also remind you that an employment contract has been concluded between FC Rostov and your client of 28.08.2021, the term of which expires on 31 December 2025, thus Mathias Normann is bound by an employment relationship with FC Rostov until 31 December 2025. In your letter, you correctly stated that your client has lost the right to suspend the employment contract with FC Rostov in accordance with the amendments of the FIFA Bureau of Council set out in Circular No. 1849 of 22.05.2023. In our opinion, the information contained in the letter regarding the deterioration of the situation in Russia does not correspond to reality. No special regimes, restrictions or other measures restricting the lives of citizens, including foreigners, have been adopted. In the pg. 7 REF. FPSD-11614 city of Rostov-on-Don, normal daily civilian life continues, there is no danger to the life and health of citizens. It is also worth emphasizing that a calm atmosphere remains in the team,

coaching staff and administration, preparations are underway for the start of the sports season 2023/24. The team includes foreign players (for example, David Toshevski) and newcomers of the team who have recently signed contacts with FC Rostov (A. Ionov, R. Akbashev). First of all, we ask you and your client to calmly assess the situation and accept information only from verified sources. Foreign media deliberately escalate the situation and present information in a distorted form. FC Rostov, for its part, also assures you and guarantees that all possible efforts and means will be made to ensure the safety and well-being of Mathias Normann during his stay in Rostov-on-Don and Russia as a whole. Based on the above, we remind you that Mathias Normann needs to arrive at the whereabouts of the Club’s team in Rostov-on-Don on 21 August 2023 to prepare and participate in the matches of the sports season 2023/2024. We also want to note that Mathias is an important part of our team (or family) and we are counting on him very much in the upcoming sports season 2023/2024. Please note that in the contract of each player in the Article "Rights and obligations of the player" there are at least the following obligations of the player: - Diligent execution of its obligations in accordance with the terms of the Contract; - On the instructions of the head coach or the coach of the team, take part in football matches (games) of the corresponding team, training sessions and training camps of the team, trainings; - Strictly comply with the orders and instructions of the General Director, Head Coach and coaches of the Club, medical staff, the Rules of internal labor regulations, comply with the decisions of the governing bodies of the Club, observe labor and game discipline; - Strictly observe all instructions and directives of the Club concerning the tactical plans for football matches (games), and the general plans for travels, meetings, etc.

We also want to note that in case of a later arrival at the location of the Club, salary for the period of delay will not be paid, and maximum sanctions will be applied to you individually according to the terms of your personal employment contract, as well as FIFA regulatory documents.”

20. On 20 July 2023, the Player sent a letter to the Club, as follows: “We refer to your letter dated 10 July 2023, as a response to our letter dated 5 July 2023. We appreciate your prompt reply on this urgent matter. However, we take note that The Joint pg. 8

REF. FPSD-11614

Stock Company Football Club Rostov (hereinafter the “Club”) has not responded to our request for dialogue due to the ongoing circumstances in Russia. Thus, we once again allow ourselves to address the Club in an attempt for such dialogue. First, for the sake of good order, we are fully aware of the employment contract between Mr. Mathias Normann (hereinafter the “Player”) and the Club, which we also referred to in our previous correspondence. Our main concern is not the content of the employment contract, but the current situation in Russia, which we, as stated in our previous letter, are of the opinion constitute an event of force majeure. The current situation in Russia represents a possible danger to life and well-being, and to our understanding, the Club cannot guarantee for the Player health and safety due to the current circumstances. In this respect we take note and respect that the parties have a different understanding and position as for whether the current events in Russia in fact constitute a danger or possible danger. Our view on the situation in Russia is supported by credible sources and the Players own experiences and we urge the Club to respect the Players own experience in this regard. As mentioned in our previous correspondence, the Player met a completely changed Russia when he returned after the summer holiday. Military blockades had been put in place due to the ongoing tension within Russia, which in addition to cause concern and fear,

contributed to hours of waiting and controls. The Player is in frequently touch with friends living in Rostov, which report on an unstable and unsafe environment. Further, we disagree that media outside Russia deliberately escalate the situation and present information in a distorted form, as you claim. To our understanding the headquarters of Russiás Southern military district is located in Rostov, where military from both sides have been observed. Several independent reports state that the opposition grouping has seized control of all militaries in the city. Although not verified, media in general reports of an ongoing turmoil in the region, which is so strategically important due to its location. It has also been numerous reports of drone attacks, explosions, and fires in the region. Governments describe the situation as unpredictable and that it could escalate further without warning. Media reports further state that the governor of the region in Rostov has asked people to refrain from travelling to the city center and, if possible, not to leave their homes. Due to the geographical location of Rostov and being the house of command center in the conflict with Ukraine, it was of vital interest of the Player to go on loan last season. pg. 9

REF. FPSD-11614

Unfortunately, the situation has not improved, rather the contrary due to the ongoing internal tension. The Player appreciates that the Club assures and guarantees that all possible efforts and means will be made to ensure his safety and well-being. Unfortunately, this guarantee is not felt to be sufficient, as the parties have a different understanding on whether there is safe to stay in Rostov. For your information, we have had a constructive dialogue with Dynamo in this regard. As it is now confirmed that Dynamo will not make use of the contractual buy-out clause, we take this opportunity to once again approach the Club with our concerns in a final attempt for dialogue. As our clear position is that the current situation constitutes an event of force majeure which entitle the player to unilaterally terminate the contract with just cause, we inform the Club

that the Player must consider taking all necessary steps to protect himself, which ultimately can lead to a unilateral termination of the employment relationship. At the current stage, the Player find it impossible to return to Rostov, due to the ongoing internal tension. Thus, the situation must de-escalate before a return to Rostov is considered sufficiently safe. The Player will pay close attention to the ongoing situation. It should be in both parties’ interest to see whether the parties can find a common understanding. Thus, we kindly repeat our request for dialogue and appreciate your respond hereto.”

21. On 26 July 2023, the Club replied to the Player as follows: “Dear Mr. Monsen, We acknowledge receipt of your letter of 20 July 2023 and inform you that we have duly taken of its content.

Please note that the Football Club Rostov is always open and ready for dialogue with you as the official representative of Mathias Normann and Matthias himself, however, based on your letters we do not understand the subject for discussion and your proposals. Nevertheless, to accelerate the process, we are ready to participate in a video conference between you, Mathias and representatives of our club to remove any misunderstanding between the parties. We highly appreciate that you confirm the fact that Mathias Normann has an employment relationship with our Club until 31 December 2025 and, according to FIFA Circular No. 1849 of 22.05.2023, does not have the right to unilaterally suspend the employment contract with FC Rostov. pg. 10

REF. FPSD-11614

The Management of the club respects the position of the Player set out in your letters, but cannot agree and accept the information contained in them as objective and justified. The Management of the club does not consider the situation in Russia in general and in the city of Rostov-on-Don in particular to be force majeure due to the following circumstances.

1. Since the summer of 2022, when Mathias Normann voluntarily returned to Russia,

resumed his employment relationship with FC Rostov and moved to FC Dynamo on the basis of the "loan" agreement, the situation in Russia and Rostov-on-Don has not changed, there are no objective reasons to worry about the danger to life and health of the Player. As we wrote earlier in our letter, the Club will make every possible effort and means to ensure the safety and well-being of Mathias Normann during his stay in Rostov-on-Don and Russia in general;

2. All sports football competitions in Russia are held in accordance with the established procedure, including women’s and youth competitions. There are no restrictions on their holding in Rostov-on-Don and the region. Matches of the Championship and Cup of Russia of the sports season 2023/24 with the participation of FC Rostov are held at the stadium Rostov-Arena with a mass visit by fans of the club;

3. All players of FC Rostov are in Rostov-on-Don and take part in matches and training process. There are foreign players in the club (Macedonian forward - David Toshevski). In July 2023 the Club signed a contract with another foreign player of the Portuguese club "Santa Clara" - Mohammad Mohebbi, negotiations are underway with other foreign players.

Other Premier League teams also have many foreign players including clubs located in close proximity to Rostov-on-Don - FC Krasnodar, FC Sochi;

4. We ask you to calmly and objectively assess the situation in Russia and the city of Rostovon-Don, to perceive information exclusively. from verified, official sources. Do not trust foreign media that purposefully escalate the situation and present the situation in Russia in a deliberately distorted negative way. We invite you to personally arrive in Russia and Rostov-on-Don and see for yourself that there are no threats to life and health, to communicate with the players and the coaching staff of the team, residents of the city;

5. Regarding the events that took place in the city of Rostov-on-Don in June 2023, we inform

you that not a single resident was injured, there were no riots or pogroms. In Rostov-onDon and the region, no martial or state of emergency was introduced, no special regimes, restrictions and other measures restricting the lives of citizens, including foreigners, were adopted, any information about the unstable or unsafe situation in Rostov is a "fake" and does not correspond to reality. As you know, in June-July 2023 in France there were riots and pogroms, which resulted in hundreds of wounded, thousands of arrests, unfortunately, there were casualties. However, even in this situation, the players and coaches of the French pg. 11 REF. FPSD-11614 teams do not declare force majeure circumstances that may affect the stability of the contracts concluded with the clubs. In addition, we would like to note that Mathias is one of the most important and most experienced players in our team, for the club and its fans Mathias Normann is part of our friendly football family. The head coach of the club Valery Georgievich Karpin, the coaching staff and the players of the club, as well as numerous fans of the team, are looking forward to the return of Mathias and are counting on his help to the team in the 2023/2024 sports season. I kindly ask you to inform Mathias that he needs to arrive at the location of the Club’s team in Rostov­on-Don no later than 21 August 2023 in order to prepare and participate in the matches of FC Rostov in the 2023/2024 sports season.”

22. On 27 July 2023, the Player and the Club discussed the arrangement of a meeting.

23. On 30 July 2023, the Player’s representative wrote to the Club as follows: “Dear Sir, We refer to the email below and allow ourselves to stress the importance of having a video meeting as soon as possible, due to the ongoing situation, which escalated in a very negative

direction last night. As you probably are fully aware of, new drone attacks happened in the city of Moscow last night. One attack occurred approximately 50 – 100 meters away from Mathias home, 10 meters from the Supermarket which Mathias use regularly! We have seen videos from the attack which is disturbing. As previous held, and which now is amplified by last night attack, is the ongoing situation, which is beyond the parties’ control, something that cause great concern for the life of Mathias. We appreciate the clubs’ previous guarantees that you will take all necessary measures to provide for a safe and healthy environment for your players. However, when an explosion occurs less than 100 meters from the home of Mathias, where he was asleep, on what seem to be a random building, the club is not in a position where any guarantees can be given, neither now, nor for the future as long there is an ongoing conflict. Media reports also informs us that new attacks can be expected, but it seems impossible to foreseen where and when. This attack has clearly amplified an already existing fear for his own life, and we find the situation unsustainable. Due to the urgency of the matter and the need to put life before football, we kindly ask the club to respond on when we can have an urgent meeting. We will make ourselves available on Monday (and Tuesday, if Monday is impossible).” pg. 12

REF. FPSD-11614

24. On 31 July 2023, the Club proposed a meeting on 3 or 4 August 2023.

25. On 3 August 2023, the Player’s representative sent a notice of early unilateral termination of the Contract due to force majeure circumstances. In such termination notice, the Player outlined the following: - Safety concerns: the Player experienced two drone attacks near his home in Moscow, causing great concern for his life and safety. - Lack of dialogue with the Club: Despite repeated requests for a dialogue with the Club to find an amicable solution, the Club has either postponed or ignored the matter.

The Club has also failed to address the Player’s concerns or offer any guarantees for his well-being. - Force majeure situation: the Player argued that the situation in Russia is an event of force majeure entitling him to terminate the Contract with just cause per the FIFA Regulations. - Incidents in Rostov: the Player also referred to incidents in or near Rostov-on-Don, where the Club is based, as additional justification for the termination of the Contract. The Player’s subsequent employment situation

26. On 4 August 2023, the Club informed the Player’s representative, the FUR and FIFA of its rejection of the termination notice and its request to respect the contractual stability and not to issue or accept the International Transfer Certificate (ITC) for the Player.

27. On 10 August and 22 August 2023, the Club sent letters personally to the Player and Al Raed informing them of its position and its intention to seek financial compensation and sporting sanctions against them for the early termination of the Contract without just cause.

28. On 20 August 2023, Al Raed publicly announced via its social media channels that it had signed a contract with the Player until 30 June 2025.

29. On 22 August 2023, the Club wrote to the Respondents and stated inter alia that the Player had committed a gross violation of the Contract and the RSTP by signing with Al Raed, and that it would “appeal to the FIFA jurisdictional bodies”.

30. On 26 August 2023, the FUR notified FIFA of its refusal to issue an international transfer certificate for the Respondent at the request of SAFF.

31. By decision dated 29 August 2023, the Single Judge of the FIFA Players’ Status Chamber passed a decision by means of which the Player’s registration with Al Raed was authorized “without pg. 13

REF. FPSD-11614 prejudice to any possible decision (…) on the substance of the potential contractual dispute between the [Player] and the [Club] (as well as [Al Raed])”.

II. Proceedings before FIFA

32. On 1 September 2023, the Club filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Position of the Club

33. The Club submitted that the Player unilaterally terminated the Contract on 3 August 2023 without giving a one-month notice as required by the Russian labour law. Equally, the Club argued that the Player signed a new employment contract with Al Raed on 20 August 2023, while having a valid employment contract with until 31 December 2025.

34. In the Club’s opinion, the Player breached the terms of the Dynamo Loan Agreement, which allowed him to play for Dynamo Moscow on a loan basis until 20 August 2023 as the Player did not return to the Club’s team after the loan period and did not obtain its consent to join another club.

35. The Club submitted that the Respondents caused it damage by depriving it of the conditional transfer payment of EUR 250,000 that it was entitled to receive from Dynamo Moscow if the Player did not suspend his employment contract with said club.

36. Contextually, the Club argued that the environment in Moscow was a safe one despite the war and contended that the witness statement of Dynamo Moscow’s captain as well as multiple news articles, all of which were made available on file, confirmed such situation.

37. Given the foregoing, the Club argued that the Player b