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 A, from country B
as Claimant
against the club,
Club C, from country D
as Respondent
regarding solidarity contribution in connection
with the Player E
I.
Facts of the case
1.
According to the player passport issued by the Football Federation from country B,
the player, Player E (hereinafter: the player), born on 1 January 1985, was registered
with the club from country B, Club A (hereinafter: the Claimant), as from 10
February 2005 until 7 August 2007.
2.
The relevant sporting seasons in country B started in January and ended in
December of the same year.
3.
The Football Federation from country D informed FIFA that the player was
registered with its affiliated club, Club C (hereinafter: the Respondent) on 18
January 2013.
4.
According to the Claimant, on 1 January 2013, the club from country F, Club G
concluded a transfer agreement with the Respondent, for the definitive transfer of
the player.
5.
According to the information contained in the Transfer Matching System (TMS), the
clubs involved in the transfer agreed upon a transfer compensation of EUR
1,500,000 to be paid “immediately upon signature” of the transfer agreement.
6.
In this framework, on 29 July 2013, the Claimant lodged a claim against the
Respondent in front of FIFA claiming 1.245% of the total compensation agreed for
the transfer of the player.
7.
In its reply to the claim, the Respondent contested the percentage claimed by the
Claimant. In this respect, the Respondent provided the following breakdown:
Age (birthday)
(21/22)
22/23
23
8.
Seasons
2005-2006 from
10/2/2005 to
1/2/2006
2006-2007
From 2/2/2006 to
1/2/2007
2007
From 2/2/2007 to
1/7/2007
Period (days)
324
%
.443
365
.5
149
.204
On 17 March 2014, the FIFA administration made a proposal to the parties
consisting in the Respondent paying the amount of EUR 18,675 to the Claimant,
corresponding to 1.245% of the total transfer compensation, which was accepted by
Solidarity contribution in connection with the player E
(Club A, from country B / Club C, from country D)
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the latter but rejected by the former since “the effective percentage is 1.191%”
corresponding to “EUR 17,865”.
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, the Chamber took note that the present matter was submitted to FIFA on
29 July 2013. Consequently, the Rules governing the procedures of the Players’
Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter:
Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2
of the Procedural Rules).
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 conjunction
with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition
2012), the Dispute Resolution Chamber 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 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, the members referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2012) and, on the other
hand, to the fact that the present claim was lodged on 29 July 2013 and that the
player was registered with the Respondent on 18 January 2013. In view of the
aforementioned, the Chamber confirmed that the 2012 edition of the Regulations
on the Status and Transfer of Players (hereinafter: Regulations) is applicable to the
matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this respect,
the Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and the documentation submitted by the parties. However, the Chamber
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.
In this respect, the DRC noted that the Claimant claimed the payment of the
amount corresponding to 1.245% of the total transfer compensation as solidarity
contribution from the Respondent.
Solidarity contribution in connection with the player E
(Club A, from country B / Club C, from country D)
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6.
In addition to the above, and referring to art. 6 par. 3 of Annexe 3 of the
Regulations, the Chamber took into account that according to the information
contained in the TMS, the club, Club G, and the Respondent agreed upon a transfer
compensation of EUR 1,500,000 for the transfer of the player.
7.
Furthermore, the DRC noted that the Respondent, for its part, contested the
percentage claimed by the Claimant and argues that the latter would only be
entitled to 1.191% of the total transfer compensation.
8.
Having established the above, the Chamber 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.
9.
In this respect, the DRC recalled that the Football Federation from country B had
confirmed that the player, born on 1 January 1985, was registered with the
Claimant as from 10 February 2005 until 7 August 2007.
10.
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 above-mentioned period, i.e. for 11 months of the
season of the player’s 20th birthday, for 12 months of the season of the player’s 21st
birthday and for 7 months of the season of the player’s 22nd birthday.
11.
In view of all of the above and taking into account that the Claimant requested the
percentage of 1.245% as solidarity contribution, the DRC decided to accept the
claim of the Claimant and held that the Respondent is liable to pay the amount of
EUR 18,675 to the Claimant as solidarity contribution in relation to the transfer of
the player from Club G to the Respondent.
12.
In continuation, the Chamber referred to art. 25 par. 2 of the Regulations in
combination with art. 18 par. 1 of the Procedural Rules, according to which in the
proceedings before the Dispute Resolution Chamber relating to disputes regarding
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.
13.
In this respect, the Chamber reiterated that the claim of the Claimant is accepted,
and established that the Respondent has to bear the costs of the current
proceedings in front of FIFA.
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14.
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.
15.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 18,675 related to the claim of the Claimant. Therefore, the
Chamber concluded that the maximum amount of costs of the proceedings
corresponds to CHF 5,000 (cf. table in Annexe A).
16.
In view of all of the above as well as considering the proposal of the FIFA
Administration, the Chamber concluded that the amount of CHF 5,000 has to be
paid by the Respondent to cover the costs of the present proceedings.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club A, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant the amount of EUR 18,675
within 30 days as from the date of notification of this decision.
3.
In the event that the aforementioned sum is not paid within the stated time limit,
interest of 5% p.a. will fall due as of expiry of the stipulated time limit and 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,
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.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 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 Dispute
Resolution Chamber of every payment received.
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*****
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:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
Solidarity contribution in connection with the player E
(Club A, from country B / Club C, from country D)
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