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 R, from country C
as Claimant
against the club,
Club P, from country G
as Respondent
regarding a solidarity contribution dispute
related to the international transfer of the player L
I.
Facts of the case
1.
The Football Association of country C (hereinafter: FAC) confirmed that the
player L (hereinafter: the player), born on 27 January 1976, was registered
with its affiliated club, club R (hereinafter: the Claimant), as from 5 August
1991 until 31 July 1997.
2.
The football season in country C during the period of time the player was
registered with the Claimant started on 1 July and ended on 30 June of the
following year.
3.
The Football Federation of country G (hereinafter: FFG) informed FIFA that
the player was registered with its affiliated club, P (hereinafter: the
Respondent), on 22 August 2005.
4.
According to the information provided by the Claimant, the country C club,
club X, and the Respondent agreed upon the transfer of the player from club
X to the Respondent.
5.
On 31 March 2006, the Claimant lodged a claim before FIFA, claiming its
proportion of the solidarity contribution in connection with the
abovementioned transfer. In this respect, the Claimant requested 2,7679% of
the total compensation.
6.
On 18 August 2006, the Respondent firstly stated that it was willing to pay its
debt to the Claimant and proposed to pay the solidarity contribution in five
monthly instalments. Subsequently, on 12 February 2007, the Respondent
requested FIFA to help to calculate the amount due.
7.
However, on 6 March 2012, the Respondent changed its position and alleged
that the claim of the Claimant was time-barred. Alternatively, the Respondent
alleged that the player was “a free player and no transfer fee was paid” and
that, for this reason, no amount is payable as a solidarity contribution.
8.
On 11 May 2012, the Claimant provided an e-mail it received from club X,
which confirmed that “The player was in the time of the transfer under
professional contract, which was cancelled because of the transfer. The
transfer fee of this transfer, dated on 10.07.2005 on the basic of signed
contract was EUR 30,000.”
9.
On 11 June 2012, the Respondent reiterated its position that no transfer
compensation had been paid and, in relation to the e-mail, stressed that no
contract or any evidence whatsoever was actually produced to support that a
transfer compensation was indeed paid. Finally, the Respondent referred to a
statement of the Football Association of country C (“It is clear that the
transfer agreement, if any”) asserting that even the Football Association of
Solidarity contribution in connection with the player L
(Club R, from country C / Club P, from country G)
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country R acknowledged that it has doubts regarding the existence of any
transfer agreement.
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 31 March 2006. Consequently, the 2005 edition of the
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the
matter at hand (cf. article 21 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction
with art. 22 lit. d) of the Regulations on the Status and Transfer of Players
(edition 2012) the DRC judge is competent to decide on the present litigation
which is of an international dimension, and concerns the distribution of
solidarity contribution between two clubs belonging to different Associations
in connection with the international transfer of the player.
3.
Furthermore, and taking into consideration that the player was registered with
the Respondent on 22 August 2005, 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 par. 2 of the Regulations
on the Status and Transfer of Players (editions 2005, 2008, 2009, 2010 and
2012) and considering that the present claim was lodged on 31 March 2006,
the 2005 edition of said Regulations (hereinafter: the Regulations) is applicable
to the present matter 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 to acknowledge the facts of the case as well as the
documents contained in the file.
5.
The DRC judge started by acknowledging that the Claimant claimed solidarity
contribution in the proportion of 2,7679% for the transfer of the player L
from club X to the Respondent.
6.
In this respect, the DRC judge referred to art. 21 as well as art. 1 of Annexe 5
of the Regulations which stipulate that if a professional is transferred before
Solidarity contribution in connection with the player L
(Club R, from country C / Club P, from country G)
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the expiry of his contract, 5% of any compensation, with the exception of
training compensation, paid to his former club shall be deducted from the
total amount of this compensation and 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 the player’s 12th and 23rd birthdays.
7.
As a preliminary remark, the DRC judge noted the Respondent’s allegations
regarding the prescription of the matter at hand. In this regard, the DRC judge
pointed out that the player was registered with the Respondent on 22 August
2005 as well as that the claim was lodged in front of FIFA on 31 March 2006.
Consequently and pursuant to art. 25 par. 5 of the Regulations and considering
that according to art. 2 par. 1 of Annexe 5 of the Regulations the new club
shall pay the solidarity contribution to the training club(s) no later than 30
days after the player’s registration, the DRC judge found no basis for
concluding that the matter is time-barred.
8.
The DRC judge then acknowledged that the player was registered with the
Claimant as from 5 August 1991 until 31 July 1997, this is, from the season of
the player’s 16th birthday until the beginning of the season of the player’s 22th
birthday. In this context, the DRC judge noted that an international transfer
took place when the player moved from the country C club, club X, to the
Respondent.
9.
In continuation, the DRC judge observed that the Respondent initially affirmed
its willingness to pay the outstanding solidarity contribution as well as
requested assistance from FIFA in order to make the calculation. However, the
DRC judge noted that the Respondent eventually contested the claim arguing
that no transfer fee was paid and that, thus, the Claimant is not entitled to
receive solidarity contribution for the training and education of the player in
accordance with art. 21 and Annexe 5 of the Regulations.
10.
Equally, the DRC judge carefully considered the evidence provided by the
Claimant, in particular the e-mail sent by the former club of the player, which
had confirmed that the player was transferred to the Respondent for the
amount of EUR 30,000. Taking into consideration this statement of the former
club of the player as well as taking into account the initial stance of the
Respondent which had acknowledged that it had to pay solidarity contribution
to the Claimant, the DRC judge concluded that it had been sufficiently proven
that in fact a transfer compensation in the amount of EUR 30,000 had been
paid for the transfer of the player from club X to the Respondent.
11.
Consequently, the DRC judge concluded that solidarity contribution was due.
Solidarity contribution in connection with the player L
(Club R, from country C / Club P, from country G)
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12.
Having established that the Respondent is obliged to pay solidarity
contribution to the Claimant, the DRC judge then turned to the calculation of
the pertinent amount. In this respect, the DRC judge took in consideration that
the player, born on 27 January 1976, was registered with the Claimant as from
5 August 1991 until 31 July 1997.
13.
As a result, the DRC judge decided that, in accordance with article 1 of Annex
5 to the Regulations as well as the Claimant’s request, the Respondent is liable
to pay the amount of EUR 830 to the Claimant.
14.
The DRC judge concluded his deliberations by rejecting any further claim
lodged by the Claimant.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club R, is admissible.
2.
The claim of the Claimant, Club R, is partially accepted.
3.
The Respondent, Club P, has to pay to the Claimant, Club R, the amount of EUR
830 within 30 days as from the date of notification of this decision.
4.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiry of the fixed time limit and
the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for consideration and a formal decision.
5.
Any further claim lodged by the Claimant, Club R, is rejected.
Solidarity contribution in connection with the player L
(Club R, from country C / Club P, from country G)
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6.
The Claimant, Club R, is directed to inform the Respondent, Club P,
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 L
(Club R, from country C / Club P, from country G)
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