BASKETBALL ARBITRAL TRIBUNAL (BAT)
Mr. Klaus Reichert SC
in the arbitration proceedings between
Ms Gabriela Marginean -Claimant
represented by Mr. Ersü Oktay Huduti, Attorney at Law, Huzur Mah. Oyaki Sitesi, Blok No: 27 Daire No: 29, 34396 Sisli, Istanbul, Turkey
Armatolon & Klefton 47, 11471 Athens, Greece
Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:
Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean outstanding salary in the amount of EUR 15,600.00.
Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean outstanding bonuses in the amount of EUR 3,000.00.
Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean interest of 5%
EUR 5,200.00 from 31 January 2011 until payment;
EUR 5,200.00 from 1 March 2011 until payment;
EUR 5,200.00 from 1 April 2011 until payment; and
EUR 3,000.00 from 5 July 2011 until payment.
Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean the amount of EUR 3,295.00 as a contribution towards her legal fees and expenses. Panathinaikos A.O. shall bear its own legal fees and expenses.
The costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 3,300.00 shall be borne by Panathinaikos A.O. alone. Accordingly, Panathinaikos A.O. is ordered to pay to Ms Gabriela Marginean EUR 3,300.00 The balance of the Advance on Costs, in the amount of EUR 1,700.00 will be reimbursed to Ms Gabriela Marginean by the BAT.
Any arbitration costs associated with a Request for Reasons (see attached
Arbitral Award 2/4 (BAT 0311/12)
Notice) shall be advanced and borne by the requesting party.
7. Any other or further-reaching requests for relief are dismissed.
Geneva, seat of the arbitration, 20 December 2012
Klaus Reichert SC (Arbitrator)
Arbitral Award 3/4 (BAT 0311/12)
Notice about Request for Reasons
in accordance with Article 16.2 of the BAT Rules:
“By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that, where the value of the dispute does not exceed EUR 30,000, the Arbitrator will issue an award without reasons. The Arbitrator shall deliver reasons only in the case where a party
a) files a request to that effect at any stage from when the Request for Arbitration is filed until no later than ten (10) days after the notification of the award without reasons; and
b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”
On 7 September 2012 the BAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 5,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.
Arbitral Award 4/4 (BAT 0311/12)