Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 17 May 2013,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the club,
Club J, from country B
as Claimant
against the club,
Club S, from country R
as Respondent
regarding solidarity contribution in connection with the international transfer of the
player C
I.
Facts of the case
1.
The country B Football Federation confirmed that the country B player, Player C
(hereinafter: the player), born in November 1983, was registered with its affiliated
club, Club J (hereinafter: Claimant) as from 15 December 1998 until 1 December
2002.
2.
The country B Football Federation confirmed that in country B, the sportive season
follows the calendar year.
3.
The country R Football Federation confirmed that the player was registered with
its affiliated club on 27 July 2010.
4.
On 24 August 2010, the Claimant contacted FIFA asking for its proportion of the
solidarity contribution in connection with the transfer of the player from the Club
P, from country D to the Club S, from country R (hereinafter: Respondent) in July
2010. In particular, the Claimant claims 1.97% of the total transfer amount paid by
the Respondent, plus 5% interest p.a. as from the registration date.
5.
On 27 September 2010, the Respondent informed FIFA that it will pay the
solidarity contribution to the Claimant. Moreover, the Respondent provided a
copy of the transfer agreement based on which it can be established the player
was transferred for the amount of EUR 400,000. Yet, the amount was never paid.
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 24 August 2010. Consequently, the DRC judge concluded that the 2008
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
par. 2 and par. 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules,
which states that the DRC judge shall examine its jurisdiction in light of art. 24 par.
2 of the Regulations on the Status and Transfer of Players (edition 2010). In
accordance with art. 24 par. 1 and par. 2 lit. ii. in connection with art. 22 lit. d) of
the Regulations on the Status and Transfer of Players, the DRC judge is competent
to decide on the present matter 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
Solidarity contribution in connection with the player C
(Club J, country B / Club S, country R)
2
Regulations on the Status and Transfer of Players (edition 2010) and, on the other
hand, to the fact that the present claim was lodged on 24 August 2010 and that
the player was registered with the Respondent on 27 July 2010. In view of the
aforementioned, the DRC judge concluded that the 2009 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 1.97% of the total
transfer amount paid by the Respondent, plus 5% interest p.a. as from the
registration date.
6.
In addition to the above, the DRC judge took into account that the Respondent
did not contest the Claimant’s entitlement to receive its proportion of solidarity
contribution. However, the DRC judge noted that the Respondent never paid any
amount to the Claimant. Moreover, the Respondent provided a copy of the
transfer agreement based on which it can be established the player was
transferred for the amount of EUR 400,000.
7.
Having established the above, the DRC judge referred to art. 21 of the Regulations
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.
8.
In this respect, the DRC judge recalled that the country B Football Federation
confirmed that the player, born in November 1983, was registered with the
Claimant, as from as from 15 December 1998 until 1 December 2002.
9.
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 15 December 1998 until 1
December 2002.
10.
In view of all of the above, the DRC judge decided that the Respondent is liable to
pay the amount of EUR 7,880 to the Claimant as solidarity contribution in relation
to the transfer of the player from Club D to the Respondent.
11.
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
Solidarity contribution in connection with the player C
(Club J, country B / Club S, country R)
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Respondent has to pay interest at rate of 5% per year as from 27 August 2010
until the date of effective payment.
12.
Lastly, the DRC 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, including the DRC judge, relating to disputes regarding training
compensation and the solidarity mechanism, costs in the maximum amount of
currency of country H 5,000 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).
13.
In respect of the above, and taking into account that the claim of the Claimant has
been partially accepted, the DRC judge concluded that the Respondent has to bear
the costs of the current proceedings in front of FIFA.
14.
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. On that basis, the DRC judge held
that the amount to be taken into consideration in the present proceedings is EUR
7,880 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 5,000 (cf. table in Annex A).
15.
Considering that the case at hand did not compose any complex factual or legal
issues and that it was adjudicated by the DRC judge and not by the DRC, the DRC
judge determined the costs of the current proceedings to the amount of currency
of country H 1,000.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club J, is accepted.
2.
The Respondent, Club S, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, the amount of EUR 7,880 plus 5% interest p.a.
on said amount as from 27 August 2010 until the date of effective payment.
3.
If 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.
The final costs of the proceedings in the amount of currency of country H 1,000
are to be paid within 30 days as from the date of notification of the present
decision, by the Respondent to FIFA to the following bank account with reference
to case no. :
Solidarity contribution in connection with the player C
(Club J, country B / Club S, country R)
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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 Dispute
Resolution Chamber 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 C
(Club J, country B / Club S, country R)
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