Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 7 April 2016,
by Philippe Diallo (France), DRC judge,
on the claim presented by the club,
A, country P,
represented by Mr xxxxx
as Claimant
against the club,
B, country U
as Respondent
regarding solidarity contribution in connection
with the transfer of the player C
I.
Facts of the case
1.
According to the Football Federation of P (FFP), the player, C (hereinafter: the player),
born on 15 November 1987, was registered with its affiliated club, A (hereinafter: the
Claimant), as from 14 November 2000 until 24 September 2001. The player was
subsequently registered for several clubs before his registration with the club, D
(hereinafter: D).
2.
The sporting season in FFP ran from 1 July to 30 June of the following year.
3.
According to the information contained in the Transfer Matching System (TMS), on 17
August 2013, D and the club from U, B (hereinafter: the Respondent), entered into a
transfer agreement for the transfer of the player from D to the Respondent. In particular,
D and the Respondent agreed upon a transfer fee in the amount of EUR 2,200,000,
payable before 23 August 2013.
4.
Also according to TMS, the player was registered with the Respondent on 30 August
2013.
5.
On 26 May 2015, the Claimant lodged a claim before FIFA against the Respondent for the
solidarity contribution in connection with the transfer of the player from D to the
Respondent. In particular, the Claimant requested 4.33 % of the 5% of the transfer fee,
plus 5% interest p.a. as from the due date until the date of effective payment.
6.
In spite of having been invited by FIFA to do so, the Respondent did not respond to the
claim lodged or make any statements at all during the course of the investigation.
II.
Considerations of the DRC judge
1.
First of all, 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 26
May 2015. Consequently, the DRC 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).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and 3 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit. d) of
the Regulations on the Status and Transfer of Players (edition 2015), he 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 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 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 player was
Distribution of the solidarity contribution in connection with the transfer of the player C
(Club A, country P / Club B, country U)
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registered with the Respondent on 30 August 2013. In view of the aforementioned, the
DRC judge concluded that the 2012 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. In doing so, the
DRC judge started by acknowledging the above-mentioned facts of the case as well as
the documents contained in the file.
5.
In this respect, the DRC judge noted that the Claimant claimed the payment of the 4.33%
of the 5% of the total transfer compensation as solidarity contribution from the
Respondent.
6.
In addition to the above, the DRC judge took into account that according to the
information contained in the TMS, D and the Respondent agreed upon a transfer
compensation amounting to EUR 2,200,000, payable before 23 August 2013.
7.
Furthermore, the DRC 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 DRC judge deemed that, in this way, the Respondent
renounced to its right to defence and therefore accepted the allegations of the Claimant.
8.
As a consequence of the aforementioned consideration, the DRC 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.
9.
Having established the above, the DRC 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.
10.
In this respect, the DRC judge recalled that the FFP had confirmed that the player, born
on 15 November 1987, was registered with the Claimant as from 14 November 2000 until
24 September 2001.
11.
On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations,
the DRC judge considered that the Claimant is, thus, entitled to receive solidarity
contribution for the period as from as from 14 November 2000 until 24 September 2001.
Distribution of the solidarity contribution in connection with the transfer of the player C
(Club A, country P / Club B, country U)
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12.
In view of all of the above, the DRC judge decided to accept the claim of the Claimant
and held that the Respondent is liable to pay the amount of EUR 4,763 to the Claimant as
solidarity contribution in relation to the transfer of the player from D to the Respondent.
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 DRC judge decided that the Respondent has
to pay, in conformity with the longstanding practice of the DRC, interest at rate of 5%
p.a. as of 30 September 2013.
14.
In continuation, the DRC judge referred to art. 18 par. 1 of the Procedural Rules,
according to which in the proceedings before the Dispute Resolution Chamber and the
DRC judge relating to disputes regarding the solidarity mechanism costs in the maximum
amount of CHF 25,000 are levied. The costs are to be borne in consideration of the
parties’ degree of success in the proceedings.
15.
In this respect, the DRC judge reiterated that the claim of the Claimant is accepted.
Therefore, the Respondent has to bear the costs of the current proceedings in front of
FIFA.
16.
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. The amount in dispute to be taken into
consideration in the present proceedings amounts to EUR 4,763 related to the claim of
the Claimant. Therefore, the DRC judge concluded that the maximum amount of costs of
the proceedings corresponds to CHF 5,000 (cf. table in Annexe A).
17.
In conclusion, and in view of the circumstances of the present matter, the DRC judge
determined the final amount of costs of the current proceedings to the amount of CHF
5,000 to be borne by the Respondent.
III.
Decision of the DRC judge
1.
The claim of the Claimant, A, is accepted.
2.
The Respondent, B, has to pay to the Claimant, within 30 days as of the date of
notification of the present decision, the amount of EUR 4,763 plus 5% interest p.a. as of
30 September 2013 until the date of effective payment.
3.
If 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 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 nr:
Distribution of the solidarity contribution in connection with the transfer of the player C
(Club A, country P / Club B, country U)
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UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
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 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:
______________________
Marco Villiger
Deputy Secretary General
Enclosed: CAS directives
Distribution of the solidarity contribution in connection with the transfer of the player C
(Club A, country P / Club B, country U)
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