Labour Disputes
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,
Club A, country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding solidarity contribution in connection with the transfer
of the Player E
I.
Facts of the case
1.
According to the player passport issued by the Football Association of country B, the
player from country B, Player E (hereinafter: the player), born on 5 May 1988, was
registered with its affiliated club, Club A (hereinafter: the Claimant), as a
professional as from 21 January 2008 until 30 August 2010 as a professional.
2.
The relevant football seasons in country B ran as follows:
- 2007-08 season: as from 11 August 2007 until 17 May 2008;
- 2008-09 season: as from 9 August 2008 until 30 May 2009;
- 2009-10 season: as from 8 August 2009 until 29 May 2010;
- 2010-11 season: as from 14 August 2010 until 28 May 2011.
3.
According to the Football Association of country D, the player was registered with
its affiliated club, Club C (hereinafter: the Respondent), on 7 March 2014.
4.
According to the information contained in the Transfer Matching System (TMS), on
26 February 2014, Club F and the Respondent agreed upon a transfer compensation
amounting to EUR 360,000 payable by the Respondent on 26 February 2014.
5.
On 27 February 2015, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the transfer of the player from Club F to
the Respondent. In particular, the Claimant requested 1.3068493% of EUR
1,000,000, i.e. EUR 13,068.493, plus 5% interest as of 29 March 2014.
6.
In spite of having been invited to do so, the Respondent did not reply to the claim.
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
on 27 February 2015. Consequently, the DRC judge concluded that the 2014 edition
of the Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber 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 3 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 2015), he
is competent to decide on the present matter, which concerns a dispute relating to
the solidarity mechanism between clubs belonging to different associations.
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D PR)
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3.
Furthermore, the DRC judge 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 (edition 2015) and, on the other
hand, to the fact that the present claim was lodged on 27 February 2015 and that
the player was registered with the Respondent on 7 March 2014. In view of the
aforementioned, the DRC judge concluded that 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 judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In doing so,
the DRC judge started by acknowledging the above-mentioned facts of the case as
well as the documents contained in the file. However, the DRC judge emphasised
that in the following considerations he will refer only to 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 the
amount of EUR 13,068.493 as solidarity contribution from the Respondent,
corresponding to 1.3068493% of EUR 1,000,000.
6.
In addition to the above, the DRC judge took into account that according to the
information contained in the TMS, Club F and the Respondent agreed upon a
transfer compensation of EUR 360,000 payable on 26 February 2014.
7.
Furthermore, the DRC judge noted that the Respondent never took position in the
specific matter relating to the claim of the Claimant, although having been invited
to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the
Respondent renounced to its right to defence and therefore accepted the
allegations of the Claimant.
8.
As a consequence of the aforementioned consideration, the DRC judge established
that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall pass a decision
upon the basis of the documents already on file i.e. upon the statements and
documents presented by the Claimant as well as upon the information contained in
the TMS.
9.
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
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D PR)
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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.
10.
In this respect, the DRC judge recalled that the Football Association of country B
had confirmed that the player, born on 5 May 1988, was registered with the
Claimant as from 21 January 2008 until 30 August 2010.
11.
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, thus, entitled to receive
solidarity contribution for the period as from as from 21 January 2008 until 30
August 2010, i.e. for 6 months of the season of the player’s 20th birthday, for 12
months of the season of the player’s 21st and 22nd birthday, and for 1 month of the
season of the player’s 23rd birthday. In terms of the percentage of the 5% solidarity
contribution, the DRC judge calculated that, on a pro rata basis, this corresponds to
25.82% of 5%.
12.
In view of all of the above, the DRC judge decided to partially accept the claim of
the Claimant and held that the Respondent is liable to pay the amount of EUR
4,649.40 to the Claimant as solidarity contribution in relation to the transfer of the
player from Club F to the Respondent.
13.
Furthermore, and taking into consideration both the claim of the Claimant as well
as art. 2 par. 1 of Annexe 5 of the Regulations, the DRC judge decided that the
Respondent has to pay, in conformity with the longstanding practice of the DRC,
interest at rate of 5% p.a. on the amount of EUR 4,649.40 as from 7 April 2014 until
the date of effective payment.
14.
Lastly, 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 proceedings
before the DRC, including the DRC judge, relating to disputes regarding training
compensation and the solidarity mechanism, costs in the maximum amount of CHF
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).
15.
In respect of the above, and taking into account that the Claimant is the successful
party in the proceeding, the DRC judge concluded that the Respondent has to bear
the costs of the current proceedings in front of FIFA.
16.
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.
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D PR)
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17.
On that basis, the DRC judge held that the amount to be taken into consideration in
the present proceedings is EUR 13,068.493 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).
18.
As a result, and taking into account the lack of reply of the Respondent as well as
the degree of success, the DRC judge determined the costs of the current
proceedings to the amount of CHF 5,000, which shall be borne by the Respondent.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, the amount of EUR 4,649.40 plus 5% interest
p.a. on said amount as from 7 April 2014 until the date of effective payment.
3.
In the event that the amount plus interest due to the Claimant in accordance with
the above-mentioned point 2 is not paid by the Respondent 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.
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 of notification of the present decision, 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: 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 is to be made and to notify the DRC judge
of every payment received.
*****
Note relating to the motivated decision (legal remedy):
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D PR)
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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
Enclosed: CAS directives
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D PR)
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