Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 February 2014,
in the following composition:
Geoff Thompson (England), Chairman
Todd Durbin (USA), member
Mohamed Al Saikhan (Saudi Arabia), member
Joaquim Evangelista (Portugal), member
Leonardo Grosso (Italy), member
on a matter between the club,
Club A, country B
against the club,
Club C, country D
and the club,
Club E, country F
as “Intervening party”
regarding solidarity contribution in connection with the international transfer of the
Player G
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of country
B, the player from country B, Player G (hereinafter: the player), born on 25
August 1988, was registered with its affiliated club, Club A (hereinafter: Club
A) during the following periods:
- 15 December 2005 to 1 January 2006;
- 15 October 2006 to 31 November 2006;
- 15 October 2007 to 31 December 2007.
2.
Further to a confirmation provided by the Football Federation of country B,
the season in country B during the relevant period ran as follows
- 4 February 2006 to 4 September 2006;
- 2 December 2006 to 29 August 2007;
- 23 March 2008 to 23 September 2008.
3.
On 22 December 2008, the player was transferred from the club of country
F, Club E (hereinafter: Club E), to the club of country D, Club C, with which
he was registered on 12 March 2009, in accordance with a statement of the
Football Union of country D. According to the relevant transfer agreement
provided by Club C, the clubs concerned agreed to a total transfer
compensation of EUR 3,000,000 to be paid as follows:
- EUR 1,000,000 until 25 January 2009;
- EUR 1,500,000 within 10 days as of delivery of the ITC by the Football
Association of country F;
- EUR 500,000 until 25 October 2009.
4.
Art. 2.3. of the transfer contract provides that the above-mentioned transfer
fee ‘’includes 5% of solidarity contribution regulated by the articles 20, 21 of
the FIFA Regulations on the Status and Transfer of Players’’.
5.
According to art. 3.3. c) of the transfer contract, Club E was obliged “to make
the payment of solidarity contribution (…) to any third party (…) engaged in
education and training of PLAYER (…)”.
6.
On 31 August 2009, Club A lodged a claim in front of FIFA against Club C,
claiming its proportion of the solidarity contribution in connection with the
transfer of the player from Club E to Club C. As the player was allegedly
registered with its club during the entire 2005/2006 and 2006/2007 seasons,
Club A requests the payment of 20% of the total amount due as solidarity
contribution. On this basis, Club A requests the amount of EUR 30,000 as well
as 10% interest p.a. as from the date of its claim.
7.
On 16 July 2010, Club C informed FIFA that the transfer compensation paid
to Club E included the full amount of the solidarity contribution.
Furthermore, Club C pointed out that in accordance with art. 3.3. c) of the
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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transfer contract, Club E was obliged to make the payment of solidarity
contribution to any training club of the player. Therefore Club C requested
Club A to refer to Club E in this regard.
8.
FIFA informed Club E and Club C of the Jurisprudence of the Dispute
Resolution Chamber (DRC) in similar cases, in accordance with which the
player’s new club is ordered to remit the relevant proportions of the 5%
solidarity contribution to the clubs involved in the player’s training in strict
application of the Regulations on the Status and the Transfer of the Players.
At the same time, the player’s former club is ordered to reimburse the same
proportions of the 5% of the compensation that it received from the player’s
new club.
9.
Club E maintains that the claim lodged by Club A is not admissible since it
was addressed to the Players’ Status Committee which is not competent for
disputes relating to the payment of solidarity contribution. With regard to
the substance, Club E refers to the applicable regulations according to which
solidarity contribution is to be paid by the new club, hence Club C is liable to
pay the relevant amount. Club E also claims that the interest of 10%
requested by Club A is disproportionate and the highest percentage that
could be granted is 5%.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also the Chamber
or the DRC) analysed whether it was competent to deal with the case at
hand. In this respect, the Chamber took note that the present matter was
submitted to FIFA on 31 August 2009. 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 par. 2 and par. 3 of the Procedural Rules).
2.
Subsequently, the DRC referred to art. 3 par. 2 and par. 3 of the Procedural
Rules and confirmed that in accordance with art. 24 par. 1 in conjunction
with art. 22 lit. d) of the Regulations on the Status and Transfer of Players
(edition 2012) the DRC is competent to decide on the present matter which
is of an international dimension and concerns the distribution of solidarity
contribution claimed by Club A in connection with the international transfer
of the player to Club C.
3.
Furthermore, and taking into consideration that the player was registered
with his new club on 12 March 2009, the members of the Chamber analysed
which regulations should be applicable as to the substance of the matter. In
this respect, the Chamber confirmed that in accordance with art. 26 par. 1
and par. 2 of the Regulations on the Status and Transfer of Players (editions
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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2008, 2009, 2010 and 2012) and considering that the present claim was
lodged on 31 August 2009, the 2008 version of the said Regulations
(hereinafter: the Regulations) is applicable to the present matter as to the
substance.
4.
In continuation, and entering into the substance of the matter, the Chamber
started by acknowledging that Club A is requesting the payment of EUR
30,000 as solidarity contribution in connection with the international
transfer of the player, Player G, from Club E to Club C.
5.
Moreover, the Chamber duly noted that according to the transfer
agreement, Club E and Club C agreed on the amount of EUR 3,000,000 as
transfer compensation.
6.
In this respect, the DRC started by emphasising that, as established in art. 21
in conjunction with Annexe 5 of the Regulations, 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 distributed by the new club as
solidarity contribution to the club(s) involved in the training and education
of the player in proportion to the number of years the player has been
registered with the relevant clubs between the seasons of his 12 th and 23rd
birthday.
7.
In continuation, the Chamber observed that Club C stated that it had not
retained 5% of the transfer compensation and, thus, had paid the total
amount of transfer compensation to Club E. In other words, Club C asserted
that it omitted to deduct 5% of the relevant transfer compensation relating
to the distribution of the solidarity mechanism.
8.
In this regard, the Chamber took note that the contractual parties, i.e. Club
C and Club E, agreed that Club E should be responsible for paying solidarity
contribution, by means of a clause in the transfer agreement.
9.
Notwithstanding the relevant contractual provision, the DRC took note of
the argumentation submitted by Club E according to which the obligation
to pay solidarity contribution lies with the new club of the player, i.e. Club C
in the present matter, in accordance with the relevant provisions of the
Regulations.
10. In this context, the DRC judge referred 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’’.
11. In relation to the above, the Chamber referred to its well-established
jurisprudence applied in similar cases, in accordance with which the player’s
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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new club is ordered to remit the relevant proportion(s) of the 5% solidarity
contribution to the club(s) involved in the player’s training in strict
application of art. 1 and 2 of the Annexe 5 to the Regulations. At the same
time, the player’s former club is ordered to reimburse the same proportion(s)
of the 5% of the compensation that it received from the player’s new club.
12. In light of the above, the DRC decided that Club C is liable to pay the relevant
proportion of the 5% solidarity contribution to Club A and that Club E must
reimburse the same proportion of the 5% solidarity contribution to Club C.
13. Having confirmed the above-mentioned obligation incumbent on Club C, the
Chamber went to establish the proper calculation of the relevant proportion
of solidarity contribution to Club A.
14. 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 trained and educated by the club(s) concerned.
15. In this respect, the Chamber recalled that the Football Federation of country
B confirmed that the player, born on 25 August 1988, was registered with
the club from country B, Club A, from 15 December 2005 to 1 January 2006,
15 October 2006 to 31 November 2006 and 15 October 2007 to 31 December
2007.
16. Consequently, the Chamber established that, in accordance with the
breakdown provided for in art. 1 of Annexe 5 of the Regulations, Club A is
entitled to receive 4.16% of 5% of the transfer compensation paid by Club C
to Club E.
17. Therefore, the DRC decided that Club C must pay to Club A the amount of
EUR 6,240 and that Club E must reimburse the amount of EUR 6,240 to Club
C.
18. Furthermore, and taking into consideration both Club A’s claim, the
Chamber decided that Club C has to pay, in conformity with the longstanding
jurisprudence of the DRC, interest at a rate of 5% p.a. as from 31 August
2009 until the date of effective payment.
19. The DRC concluded its deliberations as to the substance of the matter by
rejecting any further claim lodged by Club A.
20. 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
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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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).
21. In respect of the above, and taking into account that Club A’s claim has been
partially accepted, the DRC concluded that Club C has to bear the costs of
the current proceedings in front of FIFA.
22. According to Annexe A of the Procedural Rules, the costs of the proceedings
are to be levied on the basis of the amount in dispute.
23. On that basis, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 30,000 related to Club A’s
claim. Consequently, the Chamber concluded that the maximum amount of
costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A).
24. Considering that the case at hand did not compose any complex factual or
legal issues, the DRC determined the costs of the current proceedings to the
amount of CHF 3,000.
*****
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of Club A is partially accepted.
2.
Club C has to pay to Club A, within 30 days as from the date of notification
of this decision, the amount of EUR 6,240 plus 5% interest p.a. as from 31
August 2009 until the date of effective payment.
3.
In the event that the aforementioned sum plus interest is not paid by Club C
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 Club A is rejected.
5.
The final costs of the proceedings in the amount of CHF 3,000 are to be paid
by Club C, within 30 days of notification of the present decision, as follows:
5.1
The amount of CHF 2,000 to FIFA to the following bank account with
reference to case no. XXXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.2
The amount of CHF 1,000 to Club A.
6.
Club A is directed to inform Club C immediately and directly of the account
number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
7.
Club E has to reimburse the amount of EUR 6,240 to Club C within 30 days
as from the date of notification of this decision.
8.
If the aforementioned sum is not paid by Club E within the aforementioned
deadline, interest at the rate of 5% p.a. will fall due as of expiry of the said
30 days’ time limit and the present matter shall be submitted, upon request,
to FIFA’s Disciplinary Committee for consideration and a formal decision.
9.
Club C is directed to inform Club E immediately and directly of the account
number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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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
CH-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
Encl.
CAS directives
Solidarity contribution in connection with the Player G (Club A, country B / Club C, country D / Club E,
country F)
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