Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 January 2016,
in the following composition:
Geoff Thompson (England), Chairman
Theodore Giannikos (Greece), member
Theo van Seggelen (Netherlands), member
on the claim presented by the club,
Club A, country B,
as Claimant
against the club,
Club C, country D,
as Respondent
regarding solidarity contribution in connection
with the transfer of the Player E
I.
Facts of the case
1. According to the player passport issued by the Football Federation of country B,
the player, Player E, born on 22 April 1996, was registered with its affiliated club,
Club A (hereafter: the Claimant), as from 28 March 2007 until 8 July 2011.
2. The football season in country B runs from 1 July until 30 June of the following
year.
3. According to the information contained in the Transfer Matching System (TMS),
the player was transferred from Club F (hereinafter: the involved club) to Club C
(hereinafter: the Respondent) “out of contract free of payment international”.
However, still according to TMS, the Respondent concluded an agreement
(hereinafter: the agreement) with the company from country G, company H
(hereinafter: company H), in accordance with which, the Respondent undertook to
pay to company H the amount of EUR 1,400,000 (hereinafter: the transfer fee) in
three instalments as follows:
EUR 700,000 when the player and the Respondent sign the employment
contract,
EUR 350,000 on 31 December 2015, and
EUR 350,000 on 30 June 2016.
Furthermore, the Respondent shall pay to company H under the agreement the
following conditional amounts:
EUR 200,000, payable when the player plays 10 official league matches with
the first team of the Respondent, at least a total of 300 minutes,
EUR 200,000, payable when the player plays 25 official league matches with
the first team of the Respondent, at least a total of 750 minutes, and
EUR 200,000, payable when the player plays 40 official matches with the
first team of the Respondent, at least a total of 1,200 minutes.
4. In addition, in accordance with TMS, the player was registered with the
Respondent on 27 July 2015.
5. On 30 September 2015, the Claimant lodged a claim before FIFA claiming its
proportion of the solidarity contribution in connection with the transfer of the
player from the involved club to the Respondent. In particular, the Claimant
requested 1.011% of the total transfer compensation, i.e. 20.22% of the 5% of the
transfer compensation, plus 5% interest as from the due date.
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
2
6. In its reply, the Respondent rejected the Claimant’s claim by stating that it had
never been in contact with the involved club for the transfer of the player and
that the employment relationship between the involved club and the player was
mutually terminated without any intervention of the Respondent.
7. In this respect, the Respondent referred to art. 1 of Annexe 5 of the Regulations
on the Status and Transfer of Players and held that, in order to trigger the
payment of solidarity contribution two cumulative elements were needed: first,
that the player is transfered during the validity of his employment contract, as it is
the case, and that his new club pays his former club a compensation.
8. As a result, and since the Respondent did not pay any transfer fee for the relevant
player to the involved club, it is of the opinion that no solidarity contribution is
payable to the Claimant.
9. Alternatively, the Respondent asserted that should solidarity contribution be due,
the Claimant would be entitled to a 0.6% of the total transfer compensation and
not 1.011% since the player was registered for four seasons before the season of
his 23rd birthday. Consequently, and according to the Respondent’s opinion, this
fact would suppose a deduction of the percentage, i.e. from 5% to the total
transfer fee to the 3% (4 seasons *0.5% per season=deduction of 2%).
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: DRC or Chamber) analysed
whether it was competent to deal with the case at hand. In this respect, it took note
that the present matter was submitted to FIFA on 30 September 2015.
Consequently, the DRC concluded that the 2015 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art. 21 of
the Procedural Rules).
2.
Subsequently, the DRC referred to art. 3 par. 2 and 3 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit.
d) of the Regulations on the Status and Transfer of Players (edition 2015), it is
competent to decide on the present matter, which concerns a dispute relating to
the solidarity mechanism between clubs belonging to different associations.
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
3
3.
Furthermore, the Chamber analysed which edition of the Regulations on the Status
and Transfer of Players should be applicable as to the substance of the matter. In
this respect, he referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations
on the Status and Transfer of Players (edition 2015) and, on the other hand, to the
fact that the present claim was lodged on 30 September 2015 and that the player
was registered with the Respondent on 27 July 2015. In view of the
aforementioned, the DRC concluded that the 2015 edition of the Regulations on the
Status and Transfer of Players (hereinafter: the Regulations) is applicable to the
matter at hand as to the substance.
4.
The competence of the DRC and the applicable regulations having been established,
the Chamber entered into the substance of the matter. In doing so, it started by
acknowledging the above-mentioned facts of the case as well as the documents
contained in the file. However, the Chamber emphasized that in the following
considerations it will refer only to the facts, arguments and documentary evidence
which it considered pertinent for the assessment of the matter at hand.
5.
In this respect, the DRC noted that the Claimant claimed the payment of the 20.22%
of the 5% of the transfer compensation.
6.
In addition to the above, the DRC took into account that according to the
information contained in the TMS, the Respondent paid in order to secure the
services of the player the amount of EUR 1,400,000, payable as follows:
o EUR 700,000 when the player and the Respondent sign the employment
contract,
o EUR 350,000 on 31 December 2015, and
o EUR 350,000 on 30 June 2016.
7.
Furthermore, the DRC noted that the Respondent held that it never paid any
transfer fee to the involved club and that solidarity contribution is payable only
when the transfer of the player occurs during the validity of his employment
contract with his former club and his new club pays his former club a compensation.
Alternatively, the DRC underscored that the Respondent rejected the Claimant’s
calculation and held that, if any, only 0.6% of the total transfer compensation
would be due as solidarity contribution.
8.
Having established the above, the Chamber referred to art. 21 in combination with
art. 1 of Annexe 5 of the Regulations which stipulate that, if a professional moves
during the course of a contract, 5% of any compensation, not including training
compensation paid to his former club, shall be deducted from the total amount of
this compensation and be distributed by the new club as a solidarity contribution to
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
4
the club(s) involved in the training and education of the player between the seasons
of his 12th and 23rd birthday (emphasis added).
9.
In this respect, the DRC recalled that the Football Federation of country B had
confirmed that the player, born on 22 April 1996, was registered with the Claimant
as from 28 March 2007 until 8 July 2011.
10.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the Chamber considered that the Claimant is, thus, entitled to receive
solidarity contribution for the period as from as from 28 March 2007 until 8 July
2011, i.e. for 12 months of the seasons of the player’s 12th, 13th, 14th and 15th
birthdays. In terms of the percentage of the 5% solidarity contribution, the DRC
calculated that, on a pro rata basis, this corresponds to 20% of the 5% of the total
transfer fee.
11.
Furthermore, the DRC pointed out that on 28 January 2016, i.e. the day on which
the present decision was taken, only the first instalment – due upon the signature
of the employment contract – had fallen due (cf. points I.3. and II.6. above)
12.
In view of all of the above, the DRC decided to partially accept the claim of the
Claimant and held that the Respondent is liable to pay the amount of EUR 7,000 to
the Claimant as solidarity contribution in relation to the transfer of the player from
the involved club to the Respondent.
13.
The DRC concluded its deliberations as to the substance of the matter by rejecting
any further claim of the Claimant.
14.
Lastly, the Chamber referred to art. 18 par. 1 of the Procedural Rules, according to
which, in proceedings before the DRC relating to disputes regarding training
compensation and the solidarity mechanism, costs in the maximum amount of CHF
25,000 are levied. The relevant provision further states that the costs are to be
borne in consideration of the parties’ degree of success in the proceedings (cf. art.
18 par. 1 of the Procedural Rules).
15.
In respect of the above, and taking into account that the claim of the Claimant has
been partially accepted, the Chamber concluded that the Respondent has to bear
the costs of the current proceedings in front of FIFA.
16.
According to Annex A of the Procedural Rules, the costs of the proceedings are to
be levied on the basis of the amount in dispute.
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
5
17.
On that basis, the DRC held that the amount to be taken into consideration in the
present proceedings is EUR 14,154 related to the claim of the Claimant.
Consequently, the Chamber concluded that the maximum amount of costs of the
proceedings corresponds to CHF 5,000 (cf. table in Annex A).
18.
As a result, and taking into account the complexity of the case, the Chamber
determined the costs of the current proceedings to the amount of CHF 5,000, which
shall be borne by the Respondent.
III.
Decision of the Dispute Resolution Chamber
1. The claim of the Claimant, Club A, is partially accepted.
2. The Respondent, Club C, has to pay to the Claimant, within 30 days as of the date of
notification of the present decision, the amount of EUR 7,000 plus 5% interest p.a. as
of 27 August 2015.
3. If the aforementioned sum plus interest is not paid within the stated time limit, the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for
consideration and a formal decision.
4. Any further claim lodged by the Claimant is rejected.
5. The final costs of the proceedings in the amount of CHF 5,000 are to be paid by the
Respondent within 30 days of notification of the present decision to FIFA to the
following bank account with reference to case nr. XXXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
6. The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance under point 2 is to be made and to notify the
Dispute Resolution Chamber of every payment received.
*****
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
6
Note relating to the motivated decision (legal remedy):
According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to
the CAS directly within 21 days of receipt of notification of this decision and shall contain
all the elements in accordance with point 2 of the directives issued by the CAS, a copy of
which we enclose hereto. Within another 10 days following the expiry of the time limit
for filing the statement of appeal, the appellant shall file a brief stating the facts and
legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Markus Kattner
Acting Secretary General
Enclosed: CAS directives
Distribution of the solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
7