Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 31 July 2013,
in the following composition:
Geoff Thompson (England), Chairman
Joaquim Evangelista (Portugal), member
Ivan Gazidis (England), member
on the claim presented by the club,
Club P, from country S
as Claimant
against the club,
Club G, from country I
as Respondent
regarding solidarity contribution in connection with
the international transfer of the player K
I.
Facts of the case
1.
The country S Football Association confirmed, that the player K (hereinafter:
the player), born in February 1987, was registered with its affiliated club, Club
P (hereinafter: the Claimant) as of 3 August 2004 until 31 December 2006.
2.
According to the country S Football Association, the football season in country
S ran as from 1 July until 30 June of the following year.
3.
According to the information contained in the Transfer Matching System
(TMS), the player was registered with the country I club, Club G (hereinafter:
the Respondent), on 11 January 2011.
4.
According to TMS, the Club Q, from county C on 5 January 2011 concluded a
transfer agreement with the Respondent, for the transfer of the player for a
transfer fee of EUR 3,250,000, payable as follows:
- EUR 1,084,000 to be paid 15 days after the signing of the transfer contract;
- EUR 1,082,000 to be paid on 15 May 2011;
- EUR 1,084,000 to be paid on 15 September 2011.
5.
On 13 April 2012, the Claimant lodged a claim before FIFA requesting 1,21% of
the alleged transfer amount of EUR 3,600,000, amounting to EUR 43,560.
6.
In its reply, the Respondent stated that the Claimant’s calculations were based
on a wrongly alleged transfer amount and the latter should receive EUR
24,442.15 being 15,04% of 5% of the transfer amount.
7.
In its replica, the Claimant indicated that the calculations of the Respondent
were based on a wrong player passport which was uploaded into TMS. In this
context, the Claimant allegedly informed the Respondent about this fact and
asked them to recalculate the payable amount of solidarity contribution, based
on the correct player passport.
8.
In its final position, the Respondent reiterated its previous argumentation,
stressing that “the operations of calculation in order to determine the
solidarity contribution quotas in favour of the single former Clubs have been
effected on the ground of Sport Passport included in the FIFA TMS System.”
Solidarity contribution in connection with the player K
(Club P, from country S / Club G, from country I)
2/6
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 case
at hand. In this respect, the Chamber took note that the present matter was
submitted to FIFA on 13 April 2012. Consequently, the 2008 edition of the
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (hereinafter: Procedural Rules) are applicable
to the matter at hand (cf. art. 21 par. 2 and par. 3 of the Procedural Rules).
2.
Subsequently, the DRC referred to art. 3 par. 1 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with
art. 22 lit. d) of the Regulations on the Status and Transfer of Players
(edition 2010) the Chamber is competent to deal with the matter at stake
with an international dimension concerning the distribution of the solidarity
contribution claimed by the Claimant from the Respondent in connection
with two clubs belonging to different Associations related to an
international transfer of a player.
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, he referred, on the one hand, to art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (editions 2012
and 2010) and, on the other hand, to the fact that the present claim was
lodged on 13 April 2012 and that the player was registered with the
Respondent on 11 January 2011. In view of the aforementioned, the DRC
concluded that the 2010 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.
In continuation, and entering into the substance of the matter, the DRC
started by acknowledging that the Claimant asserted that it was entitled to
receive solidarity contribution for an amount of EUR 43,560, representing
1,21% of an alleged transfer amount of EUR 3,600,000. On the other hand,
the Chamber took note that the Respondent held that the Claimant would
be entitled to receive an amount of EUR 24,442.15, only representing
15,04% of 5% of the transfer amount.
5.
Based on the above-mentioned, the Chamber concluded that both parties
generally agree that solidarity contribution fell due and that the central
issue in the present case was to determine the amount of solidarity
cotribution the Claimant is entitled to receive.
Solidarity contribution in connection with the player K
(Club P, from country S / Club G, from country I)
3/6
6.
Furthermore, the Chamber referred to art. 21 in connection with Annex 5 of
the Regulations, according to which the new club of the player shall
distribute 5% of the relevant compensation as solidarity contribution to the
club(s) involved in the training and education of the player, reflecting the
number of years the player was registered with the relevant club(s) between
the seasons of his 12th and 23rd birthdays.
7.
In this respect, the Chamber recalled that the country S Football Association
confirmed that the player,born on 26 February 1987, was registered with
the Claimant as of 3 August 2004 until 31 December 2006. Furthermore, the
DRC took note of the fact that on 5 January 2011, the Respondent and Club
Q concluded a transfer agreement regarding the transfer of the player,
stipulating a transfer amount of EUR 3,250,000. Moreover, the DRC
acknowledged that, according to TMS, the player was registered with the
Respondent on 11 January 2011.
8.
As a result, the Chamber decided that since the player had been registered
with the Claimant during 11 months, the Claimant is entitled to receive
24,16% of the 5% of the amount of EUR 3,250,000 as solidarity contribution
from the Respondent.
9.
In view of all the above, the Chamber concluded that the Claimant’s claim is
partially accepted and that the Respondent has to pay to the Claimant a
solidarity contribution of EUR 39,260 for the transfer of the player from
Club Q to the Respondent.
10.
In addition, the DRC decided that any further claims lodged by the Claimant
are rejected.
11.
Lastly, the DRC 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 Dispute Resolution Chamber in relation to disputes
regarding training compensation, costs in the maximum amount of currency
of country H 25’000 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).
12.
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.
13.
On that basis, the DRC held that the amount to be taken into consideration
in the present proceedings is EUR 43,560, based on the claim of the
Claimant. Consequently, the DRC concluded that the maximum amount of
costs of the proceedings corresponds to currency of country H 5,000.
Solidarity contribution in connection with the player K
(Club P, from country S / Club G, from country I)
4/6
14.
Considering the particularities of the case at hand as well as the complexity
of the case, the DRC determined the costs of the current proceedings to the
amount of currency of country H 4,000.
15.
In respect of the above, and taking into account that the claim of the
Claimant was partially accepted, and considering the degree of success by
the Claimant, the DRC concluded that the costs of the current proceedings
in front of FIFA are to be divided between the Respondent and the
Claimant. Consequently, the DRC decided that the Claimant had to pay an
amount of currency of country H 1,000 and the Respondent an amount of
currency of country H 3,000 as costs for the proceedings.
*****
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club P, is partially accepted.
2.
The Respondent, Club G, has to pay to the Claimant, Club P, within 30 days as
from the date of notification of this decision, the amount of EUR 39,260.
3.
If 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.
Any further claims lodged by the Claimant, Club P, are rejected.
5.
The final costs of the proceedings in the amount of currency of country H 4,000
are to be paid within 30 days as from the date of the notification of the
present decision as follows:
5.1
The amount of currency of country H 3,000 by the Respondent, Club G.
5.2
The amount of currency of country H 1,000 by the Claimant, Club P.
5.3. The abovementioned amounts of currency of country H 3,000 and
currency of country H 1,000 have to be paid to FIFA to the following bank
account with reference to case nr.:
Solidarity contribution in connection with the player K
(Club P, from country S / Club G, from country I)
5/6
6.
The Claimant, Club P, is directed to inform the Respondent, Club G,
immediately and directly of the account number to which the remittance under
point 2. 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 Dispute Resolution Chamber:
________________________
Markus Kattner
Deputy Secretary General
Enclosed: CAS directives
Solidarity contribution in connection with the player K
(Club P, from country S / Club G, from country I)
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