Solidarity Contribution
Texto da decisão
Decision of the
Single Judge of the sub-committee of the Dispute
Resolution Chamber (DRC)
passed on 9 February 2016,
by Mario Gallavotti (Italy),
Single Judge of the sub-committee of the DRC,
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 information issued by the Football Federation of Country B, the
Player E (hereinafter: the player), born on 7 December 1989, was registered with the
Club of Country B, Club A (hereinafter: the Claimant), as from 22 August 2007 until
15 June 2008 and from 20 August 2008 until 18 December 2008.
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 as a professional with the Club of Country D, Club C
(hereinafter: the Respondent), on 1 September 2015.
4.
On 15 October 2015, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the transfer of the player concerned from
the Club of Country B, Club F, to the Respondent. In particular, the Claimant
requested 0.5726% of the alleged transfer compensation in the amount of EUR
1,000,000.
5.
According to the information contained in the Transfer Matching System (TMS), Club
F and the Respondent agreed upon a transfer compensation of EUR 900,000.
6.
In spite of having been invited by FIFA to provide its position regarding the claims,
the Respondent did not respond to the claim or make any statements at all during
the course of the investigation.
II.
Considerations of the Single Judge of the sub-committee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution Chamber
(DRC, hereinafter: the Single 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 15 October 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 Single 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)
and art. 3 of Annexe 6 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 Single 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)
2
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of
Players (edition 2015), and considering that the player was registered with the
Respondent on 1 September 2015, the 2015 edition of said regulations (hereinafter:
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having been
established, the Single 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 Single 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 Single Judge started
by acknowledging that the Claimant is claiming its proportion of the solidarity
contribution in connection with the transfer of the player from Club F to the
Respondent. In particular, the Claimant requested 0.5726% of the alleged transfer
compensation in the amount of EUR 1,000,000.
7.
In addition to the above, the Single Judge took into account that according to the
information contained in the TMS, Club F and the Respondent agreed upon a
transfer compensation of EUR 900,000.
8.
Furthermore, the Single 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 Single 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 Single 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 Single 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.
Solidarity contribution in connection with the Player E
(Club A, Country B / Club C, Country D)
3
11.
In this respect, the Single Judge recalled that the Football Federation of Country B
had confirmed that the player, born on 7 December 1989, was registered with the
Claimant as from 22 August 2007 until 15 June 2008 and from 20 August 2008 until
18 December 2008.
12.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the Single Judge considered that the Claimant is, thus, entitled to
receive solidarity contribution for the period as from 22 August 2007 until 15 June
2008, i.e. for 9 months of the season of the player’s 18th birthday and as from 20
August 2008 until 18 December 2008, i.e. for 4 months of the seasons of the player’s
19th birthday.
13.
In view of all of the above, the Single Judge decided to partially accept the claim of
the Claimant and held that the Respondent is liable to pay the amount of EUR
4,873.50 to the Claimant as solidarity contribution in relation to the transfer of the
player from Club F to the Respondent.
14.
Lastly, the Single Judge referred to art. 18 par. 1 of the Procedural Rules, according to
which, in proceedings before the Single Judge, including the Single 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 that the degree of success as well as
that the Respondent never replied to the claim, the Single 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 Single Judge held that the amount to be taken into consideration
in the present proceedings is EUR 5,726 related to the claim of the Claimant.
Consequently, the Single 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 Single 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)
4
Decision of the Single Judge of the sub-committee of the DRC
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 4,873.50.
3.
In the event that the aforementioned sum is not paid by the Respondent within the
stated time limit, interest at a rate of 5% p.a. will fall due as of the date of expiry of
the stipulated time limit and 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 Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the Single
Judge of the sub-committee of the DRC of every payment received.
6.
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:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Solidarity contribution in connection with the Player E
(Club A, Country B / Club C, Country D)
5
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 Single Judge of the
sub-committee of the DRC:
Markus Kattner
Acting Secretary General
Encl.
CAS directives
Solidarity contribution in connection with the Player E
(Club A, Country B / Club C, Country D)
6