Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 7 July 2015
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the club,
A, country R,
represented by Ms xxxxx
as Claimant
against the club,
B, country C
as Respondent
regarding solidarity contribution in connection with the transfer
of the player C
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of R (FFR), the
player, C (hereinafter: the player), born on 16 May 1981, was registered with its
affiliated club, A (hereinafter: the Claimant), as from 9 September 1993 until 7
August 2001.
2.
The FFR also confirmed that the sporting season in R starts on 1 July and ends on 30
June of the following year.
3.
According to a written confirmation of the Football Federation of C (FFC) the player
was registered with its affiliated club, B (hereinafter: the Respondent), on 1 March
2013.
4.
On 19 May 2014, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the transfer of the player from the club,
V, to the Respondent. In this respect, the Claimant requested 59.46% of the 5%
solidarity contribution, equivalent to EUR 12,635.25, plus 5% interest as of “30 days
after the registration of the player”.
5.
According to the transfer agreement uploaded in the Transfer Matching System
(TMS), the transfer compensation agreed upon between V and the Respondent in
connection with the transfer of the player amounted to EUR 425,000 due by 20
February 2013.
6.
In its statement of defence, the Respondent alleges that it has already paid V the
entire amount as transfer compensation, including solidarity contribution. In this
regard, the Respondent refers to art. 1 of the transfer agreement which stipulates
that “both parties [V and the Respondent] confirm by signature: Party A [V] agrees
to transfer the player C to Party B [the Respondent] with the price of 425,000 euro
(Including connecting mechanism compensation, youth training compensation)” as
well as art. 3 of the transfer agreement according to which “(…) Party B [the
Respondent] will not bear any other expenses which are not noted in this contract”.
Therefore, the Respondent deems that it shall not pay any amount as solidarity
contribution to the Claimant and that V shall be held liable for such payment.
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
Solidarity contribution in connection with the player C
(Club A, country R / Club B, country C)
2/6
on 19 May 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 of
the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 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
2015), the DRC judge is competent to decide on the present matter which is of an
international dimension, does not contain complex factual or legal issues and
concerns the distribution of solidarity contribution claimed by a club from R in
connection with the international transfer of the player from a club in R to a club in
C.
3.
Furthermore and taking into consideration that the present claim was lodged on 19
May 2014, 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 2012, 2014 and 2015) and considering that the player was registered with
the Respondent on 1 March 2013, the 2012 version of the 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, and entering into the substance of the matter, the DRC judge started
by acknowledging the above-mentioned facts, the arguments of the parties as well
as the documentation contained in the file. However, the DRC judge emphasised
that in the following considerations, he will refer only to the facts, arguments and
documentary evidence which he considered pertinent for the assessment of the
matter at hand.
5.
In this respect, the DRC judge noted that the Claimant claimed the payment of EUR
12,635.25 as solidarity contribution from the Respondent, corresponding to 59.46%
of the 5% solidarity contribution.
6.
In addition to the above and referring to art. 6 par. 3 of Annexe 3 of the
Regulations, the DRC judge considered that according to the information contained
in the TMS, V and the Respondent agreed upon a transfer compensation of EUR
425,000, payable on 20 February 2013.
7.
Furthermore, the DRC judge noted that the Respondent, for its part, referred to art.
1 of the transfer agreement, arguing that it already paid V the entire amount as
transfer compensation, including solidarity contribution, and that the Respondent
deemed that V shall be held liable for such payment.
Solidarity contribution in connection with the player C
(Club A, country R / Club B, country C)
3/6
8.
Having established the above, the DRC judge 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 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 DRC judge recalled that the FFR had confirmed that the player,
born on 16 May 1981, was registered with the Claimant as from 9 September 1993
until 7 August 2001.
10.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the DRC judge considered that the Claimant is therefore entitled to
receive solidarity contribution for the period as from 9 September 1993 until 7
August 2001, for 10 months of the season of the player’s 20th birthday, for 12
months of the season of the player’s 14th to 20th and for 1 month of the season of
the player’s 21st birthday.
11.
As to the issue raised by the Respondent regarding the party responsible for the
payment of the solidarity contribution, the DRC judge was eager to emphasize that,
pursuant to art. 2 par. 2 of Annexe 5 of the Regulations, it is the responsibility of
the new club to calculate and distribute the solidarity contribution. The Regulations
clearly establish that the distribution of the solidarity contribution is incumbent on
the new club. As a result, the DRC judge concluded that the Respondent is liable for
the payment of solidarity contribution.
12.
In view of the foregoing and taking into account the amount of the transfer
compensation as well as the percentage requested by the Claimant in its statement
of claim, the DRC judge held that the Respondent is liable to pay the amount of
EUR 12,635.25 to the Claimant as solidarity contribution in relation to the transfer
of the player from V to the Respondent.
13.
In continuation, the DRC judge 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, including the DRC judge,
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.
Solidarity contribution in connection with the player C
(Club A, country R / Club B, country C)
4/6
14.
In respect of the above, and taking into account that the Claimant has been the
successful party, the DRC judge concluded that the costs of the current proceedings
before FIFA have to be paid by the Respondent.
15.
Furthermore and according to Annex A of the Procedural Rules, the costs of the
proceedings are to be levied on the basis of the amount in dispute.
16.
On that basis, the DRC judge held that the amount to be taken into consideration in
the present proceedings is EUR 12,635.25 related to the claim of the Claimant.
Consequently, the DRC judge concluded that the maximum amount of costs of the
proceedings corresponds to CHF 5,000 (cf. table in Annex A).
17.
In conclusion and considering that the case at hand did not compose any complex
factual or legal issues and that it was adjudicated by the DRC judge and not by the
DRC, the DRC judge determined the costs of the current proceedings to the amount
of CHF 4,000, to be paid by the Respondent.
III.
Decision of the DRC judge
1.
The claim of the Claimant is accepted.
2.
The Respondent has to pay to the Claimant, within 30 days as from the date of
notification of this decision, the amount of EUR 12,635.25 plus 5% interest p.a. as from
1 April 2013 until the date of effective payment.
3.
In the event that the aforementioned amount plus interest is not paid by the
Respondent 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.
The final costs of the proceedings in the amount of CHF 4,000 are to be paid by the
Respondent within 30 days of 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
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 DRC Judge of
every payment received.
Solidarity contribution in connection with the player C
(Club A, country R / Club B, country C)
5/6
*****
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:
Markus Kattner
Acting Secretary General
Encl. CAS directives
Solidarity contribution in connection with the player C
(Club A, country R / Club B, country C)
6/6