Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 May 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Philippe Piat (France), member
Joaquim Evangelista (Portugal), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the club,
Club S, from country R
as Claimant
against the club,
Club D, from country K
as Respondent
regarding a solidarity contribution dispute
related to the transfer of the player V
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of country R ,
the player, V (hereinafter: the player), born on 6 December 1989, was
registered with the Club S, from country R (hereinafter: the Claimant), as from
8 August 2009 until 30 June 2010 and as from 23 August 2010 until 30 June 2012.
2.
The sporting season in in country R 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 K confirmed that the player was registered
with Club D (hereinafter: the Respondent) on 24 July 2013.
4.
According to the Claimant, the Club X, from country R (hereinafter: Club X),
concluded in July 2013 a transfer agreement with the Respondent, for the
definitive transfer of the player from Club X to the Respondent.
5.
On 19 January 2014, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the above-mentioned transfer for
the alleged amount of EUR 2,000,000. In particular, it requested 27,5% of 5%
of the alleged transfer compensation, equivalent to EUR 27,500, plus 5%
interest p.a. as of 30 days after the player’s registration with the Respondent.
6.
According to the information contained in the Transfer Matching System
(TMS), Club X and the Respondent agreed upon a transfer compensation
amounting to EUR 1,200,000 payable by no later than 15 July 2013.
7.
In spite of having been invited by FIFA to provide its position regarding the
claim, the Respondent did not respond to the claim or make any statements at
all during the course of the investigation.
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, it took note that the present matter was submitted to
FIFA on 19 January 2014. Consequently, the 2012 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the
matter at hand (cf. art. 21 par. 1 and 2 of the 2012 edition of the Procedural
Rules).
Solidarity contribution in connection with the player V
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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
combination with art. 22 lit. (d) of the Regulations on the Status and Transfer
of Players (edition 2012), the Dispute Resolution Chamber is competent to deal
with the matter at stake relating to a dispute regarding the solidarity
mechanism between clubs belonging to different associations.
3.
Furthermore, the Chamber 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, it confirmed that in accordance with art. 26 par. 1 and 2
of the Regulations on the Status and Transfer of Players (edition 2012), and
considering that the player was registered with the Respondent on 24 July
2013, 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 and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The
members of the Chamber started by acknowledging the facts of the case as
well as the documentation on file. However, the DRC 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.
5.
First of all, the DRC took note that the Claimant requested 27,5% of 5% of the
alleged transfer compensation of EUR 2,000,000 as solidarity contribution from
the Respondent in relation with the transfer of the player from Club X to the
Respondent.
6.
Furthermore, the DRC duly noted that the Respondent never took position in
the present matter, although having been invited to do so by FIFA. Therefore,
the DRC deemed that, in this way, the Respondent renounced its right of
defence and accepted the allegations of the Claimant.
7.
As a consequence of the aforementioned consideration, the DRC established
that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a
decision upon the basis of the documents on file.
8.
Having established the above, the DRC 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
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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.
9.
In this respect, the members of the Chamber recalled again that the
Respondent had not replied to the claim of the Claimant and therefore ruled
that the Respondent did not provide any argument which would justify the
non-payment of the proportion of solidarity contribution to the Claimant.
10.
Subsequently, the DRC considered that it had to determine which should be
the relevant amount of the solidarity contribution to be paid by the
Respondent to the Claimant. In this regard, the DRC went on to establish the
proper calculation of the relevant proportion of solidarity contribution due to
the Claimant.
11.
To that end, the DRC referred to art. 1 of Annexe 5 of the Regulations which
provides the figures for the distribution of the solidarity contribution,
according to the period of time the player was effectively trained by a specific
club and taking into consideration the age of the player at the time he was
being trained and educated by the club(s) concerned.
12.
In this respect, the DRC recalled that, according to the player passport issued
by the Football Federation of country R, the player, born on 6 December 1989,
was registered with the Claimant as from 8 August 2009 until 30 June 2010 and
as from 23 August 2010 until 30 June 2012.
13.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the DRC considered that the Claimant is, thus, entitled to receive
solidarity contribution for the period as from 8 August 2009 until 30 June 2010
and as from 23 August 2010 until 30 June 2012.
14.
Furthermore, the members of the Chamber recalled that, according to the
information contained in TMS, Club X and the Respondent agreed upon a
transfer compensation amounting to EUR 1,200,000.
15.
In view of all the above, taking into account the claimed percentage by the
Claimant, the DRC decided that the Respondent must pay to the Claimant the
amount of EUR 16,500 plus default interest at a rate of 5% p.a. on the said
amount as of 15 August 2013 until the date of effective payment.
16.
Lastly, the DRC referred to 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. It is further stipulated that the costs are to be borne in
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consideration of the parties’ degree of success in the proceedings and, 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.
17.
In respect of the above, the DRC held that the amount to be taken into
consideration in the present proceedings is EUR 27,500 related to the claim of
the Claimant. Consequently, the DRC concluded that the maximum amount of
costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A of the
Procedural Rules).
18.
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.
*****
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club S, is partially accepted.
2.
The Respondent, Club D, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 16,500 plus 5%
interest p.a. on said amount as of 15 August 2013 until the date of effective
payment.
3.
In the event that 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.
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 as from the date of the notification of the
present decision, 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.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance under point 2. above are to be
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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 Dispute Resolution Chamber:
Markus Kattner
Deputy Secretary General
Enclosed: CAS directives
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