Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 9 May 2014,
in the following composition:
Geoff Thompson (England), Chairman
Johan van Gaalen (South Africa), member
Damir Vrbanovic (Croatia), member
on the claim presented by the club,
Club F, from country B
as Claimant
against the club,
Club I, from country S
as Respondent
regarding solidarity contribution in connection with the transfer
of the player A
I.
Facts of the case:
1.
The country B Football Association confirmed that the player, Player A, born in
June 1985, was registered with its affiliate, Club F, the Claimant, as from 9 May
2001 (16th birthday) until 7 July 2005 (20th birthday).
2.
The sporting season in country B follows the calendar year.
3.
According to the information contained in the Transfer Matching System (TMS),
the player was registered with Club I, the Respondent, on 28 July 2012.
4.
On 2 October 2012, the Claimant lodged a claim in front of FIFA requesting its
proportion of the solidarity contribution in connection with the transfer of the
player from the Club V, from country B, to the Respondent. In particular, the
Claimant requested the payment of 2.0507% of the total transfer compensation
plus 5% interest “from the date in which the payment should have been done”.
5.
In accordance with the information contained in the TMS, the clubs involved in the
transfer of the player agreed upon a transfer compensation of EUR 5,000,000
payable in the following way:
a) EUR 1,000,000 payable until 25 July 2012;
b) EUR 1,500,000 payable until 10 August 2012;
c) EUR 2,500,000 payable until 15 January 2013.
6.
Despite having been invited by FIFA to start with the payment of the relevant
solidarity contribution or to provide valid reasons which could justify a possible
refusal, the Respondent did not reply to the claim lodged by the Claimant.
II.
Considerations of the Dispute Resolution Chamber:
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as
Chamber or DRC) analysed whether it was competent to deal with the matter at
stake. In this respect, it referred to art. 21 par. 2 and 3 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber.
The present matter was submitted to FIFA on 2 October 2012, as a consequence
the Chamber concluded that the edition 2008 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules) is applicable on the matter at hand.
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
2
2.
With regard to the competence of the Chamber, article 3 par. 1 of the Procedural
Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in
the light of articles 22 to 24 of the Regulations on the Status and Transfer of
Players (edition 2014). In accordance with article 1 par. 1, which describes the
scope and the field of application of the aforesaid regulations, in connection with
articles 24 par. 1 and 22 (d), the Dispute Resolution Chamber shall adjudicate on
disputes between two clubs in connection with an international transfer of a
professional player related to solidarity mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by the Claimant, in connection with the transfer of the
professional player A, from Club V, from country B, to the Respondent.
4.
Subsequently, the members of the Chamber analyzed 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 Chamber referred to art. 26 par. 1 and
2 of the Regulations on the Status and Transfer of Players (edition 2012).
Furthermore, it acknowledged that the professional had been registered for the
Respondent on 28 July 2012. Equally, the Chamber took note that the claim was
lodged before FIFA on 2 October 2012. In view of the aforementioned, the
Chamber concluded that the 2010 edition of the FIFA Regulations on the Status
and Transfer of Players (hereinafter: the Regulations) is applicable to the case at
hand as to the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that the Claimant is requesting 2.0507%
of the total transfer compensation paid by the Respondent to the Club V, plus 5%
default interest “from the date in which the payment should have been done”.
6.
Moreover, the Chamber duly noted that the Respondent failed to present its
response to the claim of the Claimant, in spite of having been invited to do so. In
this way, the Chamber considered that the Respondent renounced to its right of
defence and, thus, accepted the allegations of the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the
Chamber concurred that, in accordance with art. 9 par. 3 of the Procedural Rules,
it shall take a decision upon the basis of the documents already on file, in other
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
3
words, upon the statements and documents presented by the Claimant as well as
upon the information contained in TMS.
8.
In continuation, the members of the Chamber emphasised that, as established in
art. 21 of the Regulations in connection with Annexe 5 of the Regulations, the
new club of the player is to distribute 5% of any compensation, with the
exception of training compensation paid to the player’s former club, to the club(s)
involved in the training and education of the player in proportion to the number
of years the player has been registered with the relevant club(s) between the
seasons of his 12th and 23rd birthdays.
9.
In this respect, the Chamber took due note that the country B Football Association
confirmed that the player concerned, born in June 1985, was registered with the
Claimant, as from 9 May 2001 (16th birthday) until 7 July 2005 (20th birthday).
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 8 months of the season of the player’s 16th birthday, for
12 months of the season of the player’s 17th birthday, for 12 months of the season
of the player’s 18th birthday, for 12 months of the season of the player’s 19th
birthday and for 6 months of the season of the player’s 20th birthday. As a result,
the Chamber concluded that the Claimant is entitled to the claimed proportion of
2.0507% of the total transfer compensation.
11.
Turning its attention to the relevant calculation, the Chamber took into account
that, according to the relevant transfer agreement, the Respondent agreed to pay
the total amount of EUR 5,000,000 in three installments of EUR 1,000,000 payable
until 25 July 2012, EUR 1,500,000 payable until 10 August 2012 and EUR 2,500,000
payable until 15 January 2013.
12.
As a result, the Chamber decided that the Claimant is entitled to receive the total
amount of EUR 102,535 as solidarity contribution from the Respondent.
13.
In light of the above and considering that the Claimant requests 5% default
interest, the Chamber underlined that in case of contingent payments, the new
club shall pay the solidarity contribution to the training clubs no later than 30 days
after the date of such payments (cf. art. 2 par. 1 of Annexe 5 of the Regulations).
As a result, the Respondent should have paid to the Claimant 2.0507% of each
installment no later than 30 days after the dates as from which each installment
became due.
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
4
14.
In view of all of the above, the Chamber decided that the Respondent has to pay
to the Claimant as solidarity contribution the total amount of EUR 102,535 plus
default interest of 5% p.a. as follows: 5% p.a. on EUR 20,507 as from 25 August
2012, 5% p.a. on EUR 30,760.5 as from 11 September 2012 and 5% p.a. on EUR
51,267.5 as from 15 February 2013, in each case until the effective date of
payment to the Claimant.
15.
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 costs
in the maximum amount of currency of country H 25,000 are levied in connection
with proceedings before the Dispute Resolution Chamber relating to disputes
regarding the solidarity mechanism. The costs are to be borne in consideration of
the parties' degree of success in the proceedings.
16.
In this respect, the Chamber 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.
17.
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.
18.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 102,535 related to the claim of the Claimant. Therefore, the
Chamber concluded that the maximum amount of costs of the proceedings
corresponds to currency of country H 15,000 (cf. table in Annexe A).
19.
Considering that the claim of the Claimant was fully accepted and that the
Respondent did not reply, the Chamber determined the final amount of costs of
the current proceedings to the amount of currency of country H 15,000.
20.
In this respect, the Chamber took into account that the Claimant had paid the
advance of costs in the amount of currency of country H 2,000 in accordance with
art. 17 of the Procedural Rules.
21.
In view of all of the above, the Chamber concluded that the amount of currency of
country H 15,000 has to be paid by the Respondent to cover the costs of the
present proceedings. Thereof the amount of currency of country H 13,000 has to
be paid by the Respondent to FIFA and the amount of currency of country H 2,000
to the Claimant.
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
5
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club F, is accepted.
2.
The Respondent, Club I, has to pay to the Claimant the amount of EUR 102,535
within 30 days as from the date of notification of this decision, plus 5% interest
p.a. until the date of effective payment, as follows:
a)
b)
c)
5% p.a. on the amount of EUR 20,507 as from 25 August 2012;
5% p.a. on the amount of EUR 30,760.5 as from 11 September 2012;
5% p.a. on the amount of EUR 51,267.5 as from 15 February 2013.
3.
In the event that the aforementioned amount plus interest are not paid within the
stated time limit, the present matter shall be submitted, upon request, to the FIFA
Disciplinary Committee for consideration and a formal decision.
4.
The final costs of the proceedings in the amount of currency of country H 15,000
are to be paid by the Respondent within 30 days of notification of the present
decision, as follows:
4.1. Currency of country H 13,000 to FIFA to the following bank account with
reference to case no.:
4.2. Currency of country H 2,000 to the Claimant.
5.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittances are to be made and to notify the
Dispute Resolution Chamber of every payment received.
*****
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
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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:
Markus Kattner
Deputy Secretary General
Enclosed: CAS directives
Solidarity contribution in connection with the player A
(Club F, from country B / Club I, form country S)
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