Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 18 March 2016,
Geoff Thompson (England), Chairman
Theodore Giannikos (Greece), member
Zola Majavu (South Africa), member
Philippe Piat (France), member
John Bramhall (England), member
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 player passport issued by the Football Federation of country B
(hereinafter: Football Federation of country B), the Player E (hereinafter: player), born
on 16 June 1986, was registered with the club from country B, Club A (hereinafter:
Claimant) as from 1 June 2009 until 30 November 2009.
2.
According to the Football Federation of country B, the football season in country B,
during the period of time the player was registered with the Claimant, followed the
calendar year and therefore started on 1 January and ended on 31 December.
3.
The Football Federation of country D confirmed that the player was registered with
its affiliated club, Club C (hereinafter: Respondent), on 2 February 2015.
4.
According to the information and documentation entered by the relevant clubs in
the Transfer Matching System (hereinafter: TMS) in connection with the transfer of
the player from Club F to the Respondent, Club F and the Respondent agreed on a
transfer compensation in the amount of EUR 2,000,000 payable by the Respondent
on 15 February 2015.
5.
On 31 March 2015, the Claimant lodged a claim in front of FIFA against the
Respondent claiming its proportion of the solidarity contribution in connection with
the above-mentioned transfer of the player. In particular, the Claimant requested
0,251% of the transfer compensation, i.e. EUR 5,020, plus 5% interest p.a. as of 30
days after the player’s registration with the Respondent.
6.
Despite being invited to do so, the Respondent has not replied to the claim of the
Claimant.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or
Chamber) 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
March 2015. Consequently, the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2015; hereinafter:
Procedural Rules) are applicable to the matter at hand (cf. art. 21 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 conjunction with art. 22
Solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
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lit. d) of the Regulations on the Status and Transfer of Players (edition 2015), the
Dispute Resolution Chamber is competent to decide on the present matter, which
concerns a dispute relating to the solidarity mechanism between clubs belonging to
different associations.
3.
Furthermore, the DRC analysed which edition of the Regulations on the Status and
Transfer of Players should be applicable as to the substance of the matter. In this
respect, the members referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2015) and, on the other
hand, to the fact that the present claim was lodged on 31 March 2015 and that the
player was registered with the Respondent on 2 February 2015. In view of the
aforementioned, the Chamber confirmed that the 2014 edition of the Regulations on
the Status and Transfer of Players (hereinafter: Regulations) is applicable to the
matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this respect,
the Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and the documentation submitted by the parties. However, the Chamber
emphasised that in the following considerations it will refer only to the facts,
arguments and documentary evidence, which it considered pertinent for the
assessment of the matter at hand. In particular, the Chamber recalled that in
accordance with art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may use, within
the scope of proceedings pertaining to the application of the Regulations, any
documentation or evidence generated or contained in the Transfer Matching System
(TMS).
5.
In this respect, the DRC noted that the Claimant claimed payment of 0,251% of the
transfer compensation, corresponding to EUR 5,020, plus 5% interest p.a. as of 30
days after the player’s registration with the Respondent.
6.
In addition to the above, the Chamber took into account that according to the
information contained in the TMS, Club F and the Respondent agreed upon a transfer
compensation of EUR 2,000,000 payable by the Respondent on 15 February 2015.
7.
Furthermore, the DRC noted that the Respondent failed to present its response to the
claim of the Claimant, in spite of having been invited to do so. By not presenting its
position to the claim, the Chamber was of the opinion that the Respondent
renounced its right of defence and, thus, accepted the allegations of the Claimant.
8.
Furthermore, as a consequence of the aforementioned consideration, the DRC
concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a
Solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
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decision upon the basis of the documentation on file as well as the information
contained in the TMS (cf. point II./4. above).
9.
Having established the above, the Chamber 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.
10.
In this respect, the DRC recalled that the Football Federation of country B confirmed
that the player, born on 16 June 1986, was registered with the Claimant as from 1
June 2009 until 30 November 2009.
11.
On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations,
the DRC considered that the Claimant is entitled to receive solidarity contribution for
the period as from 1 June 2009 until 30 November 2009, i.e. for 6 months of the
season of the player’s 23rd birthday. In terms of the percentage of the 5% solidarity
contribution, the Chamber calculated that, on a pro rata basis, this corresponds to 5%
of 5% as opposed to the 0.251% of the total transfer compensation claimed by the
Claimant.
12.
In view of all of the above, the DRC decided to partially accept the claim of the
Claimant and decided that the Respondent is liable to pay the amount of EUR 5,000
to the Claimant as solidarity contribution in relation to the transfer of the player from
Club F to the Respondent.
13.
Furthermore, and taking into consideration both the claim of the Claimant and art. 2
par. 1 of Annexe 5 of the Regulations, the Chamber decided that the Respondent has
to pay to the Claimant interest at the rate of 5% p.a. as of 18 March 2015 on the
amount of EUR 5,000.
14.
Lastly, the Chamber referred to art. 25 par. 2 of the Regulations in combination with
art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the
DRC relating to disputes regarding solidarity mechanism, costs in the maximum
amount of CHF 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 that, 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.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 5,020 related to the claim of the Claimant. Therefore, the Chamber
Solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
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concluded that the maximum amount of costs of the proceedings corresponds to CHF
5,000 (cf. table in Annexe A).
16.
As a result, considering the degree of success as well as that the Respondent never
replied to the claim, the DRC determined the final costs of the current proceedings
to the amount of CHF 5,000 which shall be borne by the Respondent.
17.
In view of all of the above, the Chamber decided that the amount of CHF 5,000 has
to be paid by the Respondent to cover the costs of the present proceedings.
III.
Decision of the Dispute Resolution Chamber
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 of notification of
this decision, the amount of EUR 5,000 plus 5% interest p.a. as from 18 March 2015
until the date of effective payment.
3.
In the event that the amount and interest due to the Claimant is not paid by the
Respondent within the stated time limit, the present matter shall be submitted, upon
request, to the FIFA 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 of notification of the present decision, to FIFA to the
following bank account with reference to case no. xxxxxxxxxxxxx:
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 is to be made and to notify the Dispute
Resolution Chamber of every payment received.
Solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
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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 Dispute Resolution Chamber:
Marco Villiger
Deputy Secretary General
Enclosed: CAS directives
Solidarity contribution in connection with the transfer of the Player E
(Club A, country B / Club C, country D)
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