0370 Marcu vs Gaz Metan Medias

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ARBITRAL AWARD

(BAT 0370/13)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Mr. Patrick Marcu
– Claimant –

represented by Mr. Kilian Zieglmaier, Rechtsanwaelte Weiss und Grundert, Dreifaltigkeitsplatz 176, 84036 Landshut, Germany

vs.

Gaz Metan Medias

Piata Regele Ferdinand, nr. 12, 551002 Medias, Romania

– Respondent –

represented by its General Director, Mr. Ioan Iosif Biro, and its Team Manager, Mr. Muntean Florin

AWARD

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:

1. Gaz Metan Medias is ordered to pay to Mr. Patrick Marcu outstanding salary and rental expenses in the amount of EUR 25,650.00 net.
2. The contract dated 2 January 2011 between Gaz Metan Medias and Mr. Patrick
Marcu is declared to be dissolved.
3. Gaz Metan Medias is ordered to pay Mr. Patrick Marcu the amount of EUR
4,388.97 as a contribution towards his legal fees and expenses. Gaz Metan
Medias shall bear its own legal fees and expenses.
4. 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 3,575.00 shall be borne by Gaz Metan Medias alone. The BAT shall reimburse EUR 1,425.00 to Mr. Patrick Marcu. Accordingly, Gaz Metan Medias is ordered pay to Mr. Patrick Marcu EUR 1,075.00, being the difference between the arbitration costs advanced by him and the amount he will receive as reimbursement from the BAT.
5. Any arbitration costs associated with a Request for Reasons (see attached
Notice) shall be advanced and borne by the requesting party.
6. Any other or further-reaching requests for relief are dismissed.

Geneva, seat of the arbitration, 3 July 2013

Klaus Reichert

(Arbitrator)

Arbitral Award 2/3 (BAT 0370/13)

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 6 March 2013 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 3/3 (BAT 0370/13)