Andrea Trinchieri wins a huge claim against Partizan in BAT / News - Basketnews.com

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FC Bayern's head coach Andrea Trinchieri won a claim against Partizan Belgrade in Basketball Arbitral Tribunal (BAT), claiming a six-figure sum from the Serbian powerhouse.

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Trinchieri filed a claim against Partizan for outstanding salaries, bonuses, rental and housing expenses, tax certificates, and interest in the Basketball Arbitral Tribunal (BAT), the official Arbitral Award of BAT states.

Initially, Trinchieri asked for 700,000 euros, but BAT awarded the Italian coach with 115,400 euros, including the legal fees.

The 53-year-old specialist requested two Covid salaries and the whole 2020-21 campaign payments. He ended up getting two of the mentioned Covid salaries.

As Partizan Belgrade confirmed to BasketNews, the club is paying everything on time according to their agreement with BAT.

You can find the full report here

Per the official Arbitral Award of BAT

On 1 November 2018, the Trinchieri (Claimant) entered into an employment contract with Partizan in relation to the 2018-19, 2019-20, and 2020-21 basketball seasons.

Trinchieri submitted that Partizan (Respondent) breached the contract by failing to make several payments to the Italian coach, failing to pay taxes on behalf of Trinchieri, failing to increase the Partizan's budget as agreed, and failing to pay agent fees.

In its answer, Partizan argued that Trinchieri was not entitled to terminate the contract because he intentionally terminated the contract on Sunday to allow him to sign a contract with another club and also contested the amounts claimed as they were either excessive, did not take into account mitigation or the COVID-19 pandemic. The claim was partially upheld.

BAT decision and Trinchieri's initial requirements

BAT decided that Partizan have to pay Trinchieri 94,275 euros of unpaid salary and bonuses. Also, the Serbian powerhouse will need to compensate 21,125 euros for legal fees and expenses.

So, in total Partizan will have to pay Trinchieri 115,400 euros. You can find the breakdown of payments and compensations below.

The Arbitrator decides as follows:

Basketball Club Partizan shall pay to Mr. Andrea Trinchieri EUR 70,875.00 net in respect of unpaid salary, together with interest at a rate of 5% per annum from 17 December 2020 until the date of payment. Basketball Club Partizan shall pay to Mr. Andrea Trinchieri EUR 15,000.00 net in respect of the unpaid bonus, together with interest at a rate of 5% per annum from 17 December 2020 until the date of payment. Basketball Club Partizan shall pay to Mr. Andrea Trinchieri EUR 8,000.00 net in respect of unpaid rental payments, together with interest at a rate of 5% per annum 17 December 2020 until the date of payment. Basketball Club Partizan shall pay to Mr. Andrea Trinchieri EUR 400.00 net in respect of unpaid housing expenses, together with interest at a rate of 5% per annum from 29 January 2021 until the date of payment. Basketball Club Partizan shall provide Mr. Andrea Trinchieri with a certified tax receipt indicating that all applicable taxes have been paid on Mr. Andrea Trinchieri's behalf. Basketball Club Partizan shall pay Mr. Andrea Trinchieri the amount of EUR 10,125.00 as reimbursement for his arbitration costs. Basketball Club Partizan shall pay Mr. Andrea Trinchieri the amount of EUR 11,000.00 as a contribution towards his legal fees and expenses. Any other or further-reaching requests for relief are dismissed.

However, as the official Arbitral Award of BAT shows, Trinchieri initially asked for even larger sums.

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Per the official Arbitral Award of BAT

Trinchieri claims that, following his termination of the Employment Contract on28 June 2020, Partizan is required to pay him the following amounts:

a)Salary installments (in the sum of either EUR 700,000.00 or EUR 625,000.00).

The Claimant claims that the Respondent failed to pay the April, May, and June 2020 installments of his salary in their entirety (amounting to EUR 150,000.00 or, in the alternative, owing to the Covid-19 pandemic and therefore the application of the BAT Covid-19 Guidelines, EUR 75,000.00).

Pursuant to clause 5 of the Employment Agreement ("Guaranteed Salary"), the Claimant also claims salary installments for the entirety of the 2020 – 2021 season (in the amount of EUR 550,000.00) (together with the "Outstanding Salary Instalments");

b)Bonus payments (in the sum of EUR 20,000) – comprising bonus payments in the amounts of EUR 5.000,00 in respect of the Respondent having won the Radivoja Koraca (hereinafter referred to as the "Serbian Cup") on 17 February 2020, and EUR 15.000,00 in respect of the Respondent having qualified for the EuroCup Top 8 teams on 4 March 2020 (together with the "Outstanding Bonus Payments"); and

c)Rental amounts and housing expenses (in the sums of EUR 10,000.00 andEUR 1,600)– comprising rental fees in the sum of EUR 10,000.00 relating tothe period February to June 2020 and additional running costs incurred by theClaimant during the period November 2019 to June 2020 in the sum of EUR1,600.00.

The Claimant also claims that the Respondent has failed to provide him with a tax certificate (as required by clause 4 of the Employment Contract) in respect of the amounts paid to him in accordance with the Employment Contract. The Claimant submits that he has been unable to transfer funds to accounts outside of Serbia as a result of the Respondent's failure to provide him with appropriate tax documentation.

The Claimant also submits that the Respondent failed to pay agency fees relating to the 2019-2020 basketball season (as required by clause 14 ("Agency Fee") of the Employment Contract) in the sum of EUR 50,000.00. These fees are not being claimed by the Claimant in these proceedings, however, and the Claimant's agent is not a party to these proceedings.

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