Solidarity Contribution
Texto da decisão
Decision of the
Single Judge of the sub-committee of the
Dispute Resolution Chamber (DRC)
passed on 16 March 2016,
by Eirik Monsen (Norway),
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 player passport issued by the Football Association from
Country B, Player E, born on 19 December 1986, was registered with the club
from country B, Club A (hereinafter: the Claimant), as from 1 July 1998 until
12 August 2007.
2.
The season in Country B starts on 1 July and ends on 30 June of the following
year.
3.
According to the information contained in the Transfer Matching System
(TMS), the player was registered with the club from country D, Club C
(hereinafter: the Respondent), on 22 July 2015.
4.
Furthermore, according to the information contained in TMS, the Club I from
country H and the Respondent agreed upon the transfer of the player from
Club I to the Respondent against the payment of transfer compensation. In
particular, the parties agreed upon a “gross” transfer compensation of EUR
2,625,000. According to the transfer agreement, Club I would therefore
receive from the Respondent the “net” amount of EUR 2,500,000 as follows:
-
EUR 1,250,000, payable on 7 July 2015;
EUR 1,250,000, payable on 1 February 2016.
5.
On 21 January 2016, the Claimant lodged a claim in front of FIFA against the
Respondent, claiming its proportion of the solidarity contribution in
connection with the aforementioned transfer. More specifically, the Claimant
requested 71.2% of 5% of the total transfer compensation, plus 5% interest
as from the due dates.
6.
In spite of having been invited by FIFA to provide its position regarding the
claim, the Respondent did not reply to the claim.
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 DRC (hereinafter
also: the Single 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 21 January 2016. Consequently, the Single Judge
concluded that the 2015 edition of the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber is applicable
to the matter at hand (cf. art. 21 of the Procedural Rules).
Solidarity contribution for the Player E (Club A, Country B / Club C, Country D)
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2.
Subsequently, the Single Judge referred to art. 3 par. 2 of the Procedural
Rules, which states that he shall examine his jurisdiction in light of art. 24 par.
2 of the Regulations on the Status and Transfer of Players (edition 2015). In
accordance with art. 3 of Annexe 6 in conjunction with art. 24 and art. 22 lit.
d) of the Regulations on the Status and Transfer of Players, the Single Judge
is competent to decide on the present dispute relating to the solidarity
mechanism between clubs belonging to different associations.
3.
Furthermore, the Single Judge 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, he confirmed that in accordance with art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (edition 2015)
and reiterating that the present claim was lodged in front of FIFA on 21
January 2016, the 2015 edition of said regulations (hereinafter: the
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, and entering into the substance of the matter, the Single
Judge started by acknowledging the above-mentioned facts as well as the
documentation contained in the file. 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.
5.
In this respect, the Single Judge noted that the Claimant held that it is
entitled to a payment of solidarity contribution corresponding to the
percentage of 71.2% of 5% of the total transfer compensation, plus 5%
interest as from the relevant due dates.
6.
Equally, the Single Judge took into account that according to the information
contained in TMS, Club I and the Respondent agreed upon a transfer
compensation amounting to EUR 2,625,000, payable in two equal
instalments.
7.
Furthermore, the Single Judge duly noted that the Respondent never took
position in the present matter, although having been invited to do so by
FIFA. Therefore, the Single Judge deemed that, in this way, the Respondent
renounced its right to defence and accepted the allegations of the Claimant.
8.
As a consequence of the aforementioned consideration, the Single Judge
established that indeed, in accordance with art. 9 par. 3 of the Procedural
Rules, he shall take a decision upon the basis of the documents on file.
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9.
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 in proportion of the number of
years the player has been registered with the relevant club(s) between the
seasons of his 12th and 23rd birthday.
10.
In this respect, the Single Judge recalled that the Football Association from
Country B had confirmed that the player, born on 19 December 1986, was
registered with the Claimant as from 1 July 1998 until 12 August 2007.
11.
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 1 July 1998 until 12
August 2007, i.e. for the complete seasons of the player’s 12th to 20th birthday
as well as for one month of the season of the player’s 21 st birthday.
12.
As a result, the Single Judge decided that the Claimant is entitled to 70.83%
of 5% of the total transfer compensation. Based on a transfer compensation
of EUR 2,625,000, this results in an entitlement for the Claimant of EUR
92,964.
13.
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 Single Judge decided
that the Respondent has to pay, in conformity with the longstanding practice
of the DRC, interest at a rate of 5% p.a. as follows:
- 5% p.a. on the amount of EUR 46,482 as from 7 August 2015;
- 5% p.a. on the amount of EUR 46,482 as from 3 March 2016.
14.
Lastly, the Single Judge 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 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 Claimant has been
the successful party, the Single Judge concluded that the Respondent has to
bear the costs of the current proceedings in front of FIFA.
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16.
Considering that in accordance with Annex A of the Procedural Rules, the
costs of the proceedings are to be levied on the basis of the amount in
dispute, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 94,340 related to the claim of
the Claimant. Consequently, the Single Judge concluded that the maximum
amount of costs of the proceedings corresponds to CHF 10,000 (cf. table in
Annex A).
17.
Taking into account the particularities of the matter at hand as well as the
fact that the Respondent did not reply to the claim, the Single Judge
determined the costs of the current proceedings to the amount of CHF
10,000, which shall be borne by the Respondent.
*****
III.
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 92,964
plus 5% interest until the date of effective payment as follows:
a)
b)
5% p.a. on the amount of EUR 46,482 as from 7 August 2015;
5% p.a. on the amount of EUR 46,482 as from 3 March 2016.
3.
In the event that the aforementioned sum plus interest is not paid by the
Respondent 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 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 10,000 are to be
paid by the Respondent, within 30 days of notification of the present
decision, as follows:
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6.1.
The amount of CHF 8,000 to FIFA to the following bank account
with reference to case nr.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
6.2.
The amount of CHF 2,000 to the Claimant.
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
Enclosed: CAS directives
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