Chiuariu & Associates addresses Labour Court on behalf of Laszlo Sepsi

Bucharest, June 2011

Chiuariu & Associates Law Firm, representing football player Laszlo Sepsi, has filed a case before the Labour Court, against FC Timișoara Football Club, seeking for the termination of the contract, based on the fact that the Football club has not fulfilled its financial obligations, according to the convention between parties.

This move is the result of the Commission for the Settlement of Disputes‘ refusal to issue a decision, although it had to do so, from May 3rd, 2011.

Last year, Mr. Laszlo Sepsi filed a complaint before Commission for the Settlement of Disputes (hereinafter CSL), within Football Professional League (hereinafter LPF), demanding that payments of his financial rights be made.

„What happened before the Commission for the Settlement of Disputes is beyond anything one could imagine and clearly shows that the activity of this organism needs to be reorganized, on other basis.

On one hand, we are witnessing a simple dispute, where the Club refuses to pay his player, so the contract is to be terminated. On the other hand, we have the Comission, who simply refuses to issue a decision in this matter. By using this unique and peculiar way of relating to the dispute, the Commission denies Mr. Sepsi’s right of access to court and infringes his right to work, including the right to terminate the contract or to conclude a new one.

Therefore, we have decided to address this matter to the labour courts, requesting the termination of the contract and also the amount consisting in unpaid salaries owed by the Club.”, said Mr. Tudor Chiuariu, Senior Partner of Law Firm Chiuariu & Associates. The judicial administrative proceedings organised by the Commission were held in infringement of fundamental procedural guarantees in connection with the right to a fair trial (art. 6 European Convention on Human Rights, art. 21 Constitution). Thus, the following rights of the claimant were violated: the right of access to court, the right to be tried in reasonable time, the right to an independent and impartial tribunal, as well as the rights to defence.

The right of access to justice, also guaranteed by the provisions of art. 6 ECHR and art. 21 Constitution, is seriously violated by the unjustified refusal to issue a decision, despite the daily requests submitted to the Commission.

The right to settle the claim within a reasonable time, guaranteed by art. 6 ECHR, as well as art. 21 of the Constitution, has been violated through constant and unjustified delay in resolving the case (repeated and unjustified delay in managing the ordered expertise, granting of new hearings for reasons that did not justify the delay). The player’s right to an independent and impartial tribunal has been violated, by the manner in which the CSL was formed, initially exclusively from members that were appointed by the representatives of the clubs, and then, a majority of members appointed by the representatives of the clubs. (3 of a total of 5 members)

The Comission, in exercising jurisdictional functions, has repeatedly violated the player’s rights of defence, as well as the right to access his file, by refusing to answer many requests of communicating the hearing-minutes and the nominal composition of the Comission.

In the absence of a decision to be rendered over a month ago, the player is entitled to address the matter to the ordinary courts.

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