Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 February 2013,
in the following composition:
Geoff Thompson (England), Chairman
Rinaldo Martorelli (Brazil), member
Takuya Yamazaki (Japan), member
Theodoros Giannikos (Greece), member
Essah M. Saleh Al-Housani (United Arab Emirates), member
on the claim presented by the club,
Club V, from country S
as Claimant
against the club,
Club B, from country P
as Respondent
regarding a solidarity contribution dispute
related to the transfer of the player M
I.
Facts of the case
1.
According to the player passport issued by the country S Football Federation,
Player M, from country S (hereinafter: the player), born in March 1991, was
registered with Club V, from country S (hereinafter: the Claimant), as from 31
August 2005 until 23 August 2009.
2.
The football seasons in country S 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.
The country P Football Federation confirmed that the player was registered with
Club B (hereinafter: the Respondent) on 31 August 2010 as a professional.
4.
On 27 January 2012, the Claimant contacted FIFA claiming the payment of
solidarity contribution in connection with the transfer of the player concerned,
in July 2010, from the Club R, from country S., to the Respondent, for the alleged
amount of EUR 6,000,000. In particular, the Claimant requested 2% of the
alleged transfer compensation of EUR 6,000,000, equivalent to EUR 120,000, as
well as 5% interest p.a. calculated as of the date on which the solidarity
contribution became due.
5.
On 12 November 2012, the Respondent submitted a copy of the relevant transfer
agreement which stipulates:
“I.- Club R is the holder of the federative rights (hereinafter, the Rights) of the
professional football player (hereinafter, the PLAYER).
(…)
Second.- 2.1- The transfer fee shall be the amount of Six million (6.000.000,-)
Euros, that Club B will pay to Club R, in accordance with the following
deadlines, amounts and method:
1) One million two hundred thousand (1.200.000,-) Euros, via a bank
transfer to the account indicated below, until 30 July 2010.
2) One million two hundred thousand (1.200.000,-) Euros, via a bank
transfer to the account indicated below, until 15 June 2011.
3) One million two hundred thousand (1.200.000,-) Euros, via a bank
transfer to the account indicated below, until 15 June 2012.
4) One million two hundred thousand (1.200.000,-) Euros, via a bank
transfer to the account indicated below, until 15 June 2013.
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5) One million two hundred thousand (1.200.000,-) Euros, via a bank
transfer to the account indicated below, until 15 June 2014.”
6.
Therefore, the Respondent stated that the Claimant is entitled to receive
solidarity contribution in the amount of EUR 102,493.15 (1,71 %), payable as
follows:
- EUR 61,495.89, upon receipt of an invoice;
- EUR 20,498.63, 30 days after 15 July 2013;
- EUR 20,498.63, 30 days after 15 July 2014.
7.
The Claimant did not provide the Respondent with the relevant invoice and
merely reiterated its statement that it is entitled to solidarity contribution in the
amount claimed.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution 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 27 January 2012. Consequently, the 2008 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 2008 and 2012 editions of the Procedural
Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2012) the Dispute Resolution Chamber is competent to decide
on the present matter relating to the solidarity mechanism between clubs
belonging to different associations.
3.
Furthermore, the Chamber analysed which regulations should be applicable as
to the substance of the matter. In this respect, it confirmed that in accordance
with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players
(editions 2009, 2010 and 2012), and considering that the player was registered
with the Respondent on 31 August 2010 as well as that the present claim was
lodged on 27 January 2012, the 2009 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.
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4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The
members of the Chamber started by acknowledging the above-mentioned facts
of the case as well as the documentation on file.
5.
In this respect, the Chamber took due note that the parties did neither dispute
the Claimant’s entitlement to solidarity contribution nor the amount of the
transfer compensation of EUR 6,000,000. However, the Chamber observed that
there was a disagreement between the parties as to the amount of solidarity
contribution that the Claimant is entitled to; whereas the Claimant deemed that
it is entitled to 2% of the total transfer compensation, the Respondent was of
the opinion that the Claimant is only entitled to 1,71% of the instalments of the
transfer compensation that had already fallen due in accordance with the
payment scheme provided for in the transfer agreement.
6.
In view of all the foregoing, the Chamber considered that it had to determine
what should be the relevant amount of solidarity contribution that has to be
paid by the Respondent to the Claimant. In this regard, the Chamber went on
to establish the proper calculation of the relevant proportion of solidarity
contribution due to the Claimant.
7.
To that end, the Chamber referred to art. 1 of Annexe 5 of the Regulations
which provides the figures for the distribution of the solidarity contribution,
according to the period of time the player was effectively trained by a specific
club and taking into consideration the age of the player at the time he was
being training and educated by the club(s) concerned.
8.
In this respect, the DRC recalled that, according to the player passport issued by
the country S Football Federation, the player, born in March 1991, was
registered with the Claimant as from 31 August 2005 until 23 August 2009.
9.
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 31 August 2005 until 23
August 2009, i.e. for 10 months of the season of the player’s 15th birthday, the
full seasons of the player’s 16th, 17th and 18th birthday as well as 2 months of the
season of the player’s 19th birthday. In terms of the percentage of the 5%
solidarity contribution, the Chamber calculated that, on a pro rata basis, this
corresponds to 35,82% of 5%.
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10.
Furthermore, the Chamber referred to art. 2 par. 1 of Annexe 5 of the
Regulations which stipulates that the new club shall pay the solidarity
contribution to the training club(s) no later than 30 days after the player’s
registration or, in case of contingent payments, 30 days after the date of such
payments.
11.
In view of all the above and taking into consideration that the transfer
compensation of EUR 6,000,000 is payable in five equal instalments of EUR
1,200,000, of which two instalments were not yet due at the moment of
adjudicating on the present matter, the Chamber decided that the Respondent
must pay to the Claimant the amount of EUR 64,476, which corresponds to
35,82% of the 5% of the amount of EUR 3,600,000.
12.
Furthermore, and taking into consideration both the claim of the Claimant as
well as art. 2 par. 1 of Annexe 5 of the Regulations, the Chamber decided that
the Respondent has to pay, in conformity with the longstanding practice of the
DRC, interest at the rate of 5% p.a. as follows:
- 5% p.a. as of 30 August 2010 over the amount of EUR 21,492;
- 5% p.a. as of 16 July 2011 over the amount of EUR 21,492;
- 5% p.a. as of 16 July 2012 over the amount of EUR 21,492.
13.
The Chamber 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
currency of country H 25’000 are levied. It is further stipulated that the costs are
to be borne in consideration of the parties’ degree of success in the proceedings
and, in accordance with Annexe A of the Procedural Rules, the costs of the
proceedings are to be levied on the basis of the amount in dispute.
15.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 120,000 related to the claim of
the Claimant. Consequently, the Chamber concluded that the maximum amount
of costs of the proceedings corresponds to currency of country H 15,000 (cf. table
in Annexe A of the Procedural Rules).
16.
As a result, considering that the case at hand did not pose any particular factual
difficulties and taking into account the degree of success, the Chamber
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determined the final costs of the current proceedings to the amount of currency
of country H 12,000, of which currency of country H 3,000 shall be borne by the
Claimant and currency of country H 9,000 shall be borne by the Respondent.
*****
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club V, is partially accepted.
2.
The Respondent, Club B, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 64,476 plus interest
at 5% p.a. until the date of effective payment as follows:
- 5% p.a. as of 30 August 2010 over the amount of EUR 21,492;
- 5% p.a. as of 16 July 2011 over the amount of EUR 21,492;
- 5% p.a. as of 16 July 2012 over the amount of EUR 21,492.
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 currency of country H 12,000
are to be paid within 30 days as from the date of notification of the present
decision, as follows:
6.
5.1.
The amount of currency of country H 9,000 by the Respondent to FIFA
to the following bank account with reference to case nr.:
5.2.
The amount of currency of country H 3,000 by the Claimant to FIFA to
the above-mentioned bank account.
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 Dispute Resolution Chamber of every payment
received.
*****
Note relating to the motivated decision (legal remedy):
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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
Deputy Secretary General
Enclosed: CAS directives
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