The form of a communication has no relevance to determine whether there exists a decision or not; in particular, the fact that the communication is made in the form of a letter does not rule out the possibility that it constitutes a decision subject to appeal. In principle, for a communication to be a decision, it must contain a ruling whereby the body issuing the communication intends to decide on a matter (animus decidendi) and thereby affect the legal situation of the addressee of the decision or other parties; therefore, a decision is a unilateral act, sent to one or more determined recipients and is intended to produce legal effects.
Facts/Procedure
On 8 August 2012, the Player lodged a claim before FIFA Dispute Resolution Chamber (DRC) against a Bulgarian Club for breach of his employment contract, valid from 28 February 2012 until 30 June 2013. The Player requested both the payment of the outstanding salaries and compensation for the breach of contract. In the same proceedings, the Club also lodged their own counterclaim against the Player requesting a payment for breach of the same contract.
On 6 November 2014, the Player was notified the decision which ruled that both the Club’s and the Player’s claims were inadmissible. On 17 November 2014, the Player was notified of the findings of the decision issued by FIFA DRC on the 6 November 2014. The Player’s attention was drawn to the fact that request “for the grounds of the decision must be received, in writing, by the FIFA general secretariat within 10 days of receipt of the findings of the...
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