Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 6 March 2013,
by Theo van Seggelen (the Netherlands), DRC judge,
on the claim presented by the club,
Club U, from country P
as Claimant
against the club,
Club M, from country F
as Respondent
regarding solidarity contribution in connection with the international transfer of the
player A
I.
Facts of the case
1.
According to the player passport issued by the country P Football Federation,
Player A, from country P (hereinafter: the player), born in June 1981, was
registered with Club U, from country P (hereinafter: the Claimant), as from 21
November 1994 until 22 August 2000 and from 1 August 2001 until 30 June 2002.
2.
The football seasons in country P, until the 2000/2001 season, started on 1
August and ended on 31 July of the following year. As from the 2001/2002
season, the sporting seasons started on 1 July and ended on 30 June of the
following year.
3.
The country F Football Federation confirmed that the player was registered with
Club M (hereinafter: the Respondent) on 18 August 2009 as a professional.
4.
On 28 December 2009, the Claimant contacted FIFA claiming its proportion of
the solidarity contribution in connection with the transfer of the player
concerned from the Club P, from country P, to the Respondent for the alleged
transfer compensation of EUR 1,500,000. In particular, the Claimant requested
EUR 42,123, plus 5% interest p.a. as from the 31st day of the player’s registration
with the Respondent.
5.
On 28 November 2011, the Respondent stated that it agreed with the amount
claimed by the Claimant and requested its bank details in order to transfer the
relevant amount of solidarity contribution.
6.
However, in spite of having been provided with the bank details of the Claimant,
the latter informed FIFA on 27 November 2012 that it had not received any
payment from the Respondent.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter: the DRC
judge) analysed whether he was competent to deal with the case at hand. In
this respect, he took note that the present matter was submitted to FIFA on 28
December 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. 1 and 2 of the 2008 and 2012 editions of the Procedural Rules).
Solidarity contribution in connection with the player A
(Club U, from country P / Club M, from country F)
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2.
Subsequently, the DRC judge referred to art. 3 par. 1 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and 2 in combination with
art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition
2012) he is competent to decide on the present matter relating to a dispute
regarding the solidarity mechanism between clubs belonging to different
associations.
3.
Furthermore, the DRC judge analysed which regulations should be applicable as
to the substance of the matter. In this respect, he confirmed that in accordance
with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players
(editions 2008, 2009, 2010 and 2012), and considering that the player was
registered with the Respondent on 18 August 2009 as well as that the present
claim was lodged on 28 December 2009, the 2008 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 judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. The DRC
judge started by acknowledging the above-mentioned facts of the case as well
as the documentation on file.
5.
The DRC judge further acknowledged that it was undisputed between the
parties that the Claimant is entitled to receive a proportion of the solidarity
contribution from the Respondent.
6.
In particular, the DRC judge took note that, in its reply, the Respondent explicitly
agreed with the Claimant’s calculation of the aforementioned proportion.
However, the DRC judge equally noted that the Claimant, after having sent its
bank details to the Respondent, never received the relevant payment from the
Respondent.
7.
Consequently, and in view of the fact that the Respondent acknowledged that
it had a debt towards the Claimant but never proceeded with the relevant
payment, the DRC judge decided that the Respondent has to pay to the Claimant
the amount of EUR 42,123 plus default interest at a rate of 5% p.a. on the said
amount as of 18 September 2009 until the date of effective payment.
8.
Lastly, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according
to which, in proceedings before the DRC, as well as the DRC judge, 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
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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.
9.
In respect of the above, the DRC judge held that the amount to be taken into
consideration in the present proceedings is EUR 42,123 related to the claim of
the Claimant. Consequently, the DRC judge concluded that the maximum
amount of costs of the proceedings corresponds to currency of country H 10,000
(cf. table in Annexe A of the Procedural Rules).
10.
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 DRC judge
determined the final costs of the current proceedings to the amount of currency
of country H 5,000 which shall be borne by the Respondent.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club U, is accepted.
2.
The Respondent, Club M, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 42,123 plus interest
at 5% p.a. on said amount as of 18 September 2009 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.
The final costs of the proceedings in the amount of currency of country H 5,000
are to be paid by the Respondent within 30 days of notification of the present
decision as follows:
4.1.
The amount of currency of country H 3,000 has to be paid to FIFA to the
following bank account with reference to case no.:
4.2.
The amount of currency of country H 2,000 has to be paid to the
Claimant.
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5.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittances under point 2. and 4.2. above
are to be made and to notify the DRC judge of every payment received.
*****
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:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
Solidarity contribution in connection with the player A
(Club U, from country P / Club M, from country F)
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