Official Documents
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 28 January 2016,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the club,
Club A, Country B
as Claimant
against the club,
Club C, Country D
as Respondent
regarding a solidarity contribution dispute
related to 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 E (hereinafter: the player), born on 8 May 1986, was registered with
the Club of Country B, Club A (hereinafter: the Claimant), as from 25 September
2001 until 8 September 2002.
2.
The football season in Country B during the period of time the player was
registered with the Claimant started on 1 July and ended on 30 June of the
following year.
3.
According to the information contained in the Transfer Matching System (TMS)
the player was registered on loan as a professional with the Club of Country D,
Club C (hereinafter: the Respondent), on 3 July 2013.
4.
On 26 May 2015, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the loan transfer of the player
concerned from the Club of Country B, Club F, to the Respondent. In particular,
the Claimant requested 9.59% of 5% of the loan compensation, plus 5% interest
p.a. as from the due date.
5.
According to the information contained in TMS, Club F and the Respondent
agreed upon a loan compensation of EUR 450,000.
6.
In spite of having been invited by FIFA to provide its position regarding the claim,
the Respondent did not respond to the claim or make any statements at all
during the course of the investigation.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter also referred
to as DRC judge) analysed whether he was competent to deal with the matter at
hand. In this respect, he took note that the present matter was submitted to FIFA
on 26 May 2015. Consequently, the 2015 edition of the Rules governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21 of
the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 of the Procedural Rules and
confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art.
22 d) of the Regulations on the Status and Transfer of Players (edition 2015) he is
competent to decide on the present litigation relating to the solidarity
mechanism.
3.
Furthermore, the DRC judge analysed which edition of the Regulations should be
applicable as to the substance of the matter. In this respect, he confirmed that in
Solidarity contribution in connection with the Player E
(Club A, Country B / Club C, Country D)
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accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer
of Players (edition 2012, 2014 and 2015), and considering that the player was
registered with the Respondent on 3 July 2013, the 2012 edition of said
regulations (hereinafter: Regulations) is applicable to the matter at hand as to
the substance.
4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In doing so,
he started by acknowledging the above-mentioned facts of the case as well as the
documents contained in the file.
5.
However, the DRC judge emphasised that in the following considerations he will
refer only to the facts, arguments and documentary evidence which he
considered pertinent for the assessment of the matter at hand.
6.
In this respect and entering into the substance of the matter, the DRC judge
started by acknowledging that the Claimant is claiming its proportion of the
solidarity contribution in connection with the loan transfer of the player from
Club F to the Respondent. In particular, the Claimant requested 9.59% of 5% of
the loan compensation, plus 5% interest p.a. as from due date.
7.
In addition to the above, the DRC judge took into account that according to the
information contained in the TMS, Club F and the Respondent agreed upon a
loan compensation of EUR 450,000.
8.
Furthermore, the DRC judge noted that the Respondent never took position in
the specific matter relating to the claim of the Claimant, although having been
invited to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the
Respondent renounced to its right to defence and therefore accepted the
allegations of the Claimant.
9.
As a consequence of the aforementioned consideration, the DRC judge
established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall
pass a decision upon the basis of the documents already on file, i.e. upon the
statements and documents presented by the Claimant as well as upon the
information contained in the TMS.
10.
Having established the above, the DRC judge 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 the club(s) involved in the training and education of the player
between the seasons of his 12th and 23rd birthday.
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(Club A, Country B / Club C, Country D)
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11.
In this respect, the DRC judge recalled that according to the player passport
issued by the Football Federation of Country B had confirmed that the player,
born on 8 May 1986, was registered with the Claimant as from 25 September
2001 until 8 September 2002.
12.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the DRC judge considered that the Claimant is, thus, entitled to
receive solidarity contribution for the period as from 25 September 2001 until 8
September 2002, i.e. for 9 months of the season of the player’s 16th birthday and
for 2 months of the season of the player’s 17th birthday.
13.
In view of all of the above, the DRC judge decided to partially accept the claim of
the Claimant and held that the Respondent is liable to pay the amount of EUR
2,061 to the Claimant as solidarity contribution in relation to the loan transfer of
the player from Club F to the Respondent.
14.
Lastly, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according
to which, in proceedings before the DRC judge, including the DRC judge 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 the degree of success as well as
that the Respondent never replied to the claim, the DRC judge 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.
17.
On that basis, the DRC judge held that the amount to be taken into consideration
in the present proceedings is EUR 2,157.75 related to the claim of the Claimant.
Consequently, the DRC judge concluded that the maximum amount of costs of
the proceedings corresponds to CHF 5,000 (cf. table in Annexe A).
18.
Considering all the above, the DRC judge determined the costs of the current
proceedings to the amount of CHF 5,000.
*****
Solidarity contribution in connection with the Player E
(Club A, Country B / Club C, Country D)
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Decision of the DRC judge
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 from the
date of notification of this decision, the amount of EUR 2,061 plus 5% interest
p.a. on said amount as of 3 August 2013 until the date of effective payment.
3.
In the event that 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 as from the date of notification of the present
decision, to FIFA to the following bank account:
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. above is to be made
and to notify the DRC judge of every payment received.
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*****
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 DRC judge:
Markus Kattner
Acting Secretary General
Encl. CAS directives
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