Solidarity Contribution
Texto da decisão
Decis ion of the
S ingle Judge of the s ub-com m ittee of the
Dis pute Res olution Cham ber (DRC)
passed on 24 July 2017,
by Theo v an S eggelen (Netherlands),
Single Judge of the sub-committee of the DRC,
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 international transfer
of the player, Player E
I.
Facts of the cas e
1.
According to the player passport issued by the Football Federation of Country
B, the player, Player E (hereinafter: player), born on 17 June 1984, was registered
with the Club of Country B, Club A (hereinafter: the Claimant), as from 19 May
1998 until 30 December 2002.
2.
The football season in Country B runs from January until December of each year.
3.
According to the information contained in the Transfer Matching System (TMS),
on 17 June 2016, the Club of Country F, Club G, and the Club of Country D, Club
C (hereinafter: the Respondent) agreed upon the transfer of the player from
Club G to the Respondent against the payment of a transfer fee amounting to
EUR 700,000, payable “within ten (10) Business Days of Country D of the later of
the release of the ITC in FIFA TMS and confirmation by the Football Association
of Country D that the Player is registered with the Acquiring Club”.
4.
On 5 October 2016, the Claimant lodged a claim in front of FIFA against the
Respondent claiming its proportion of the solidarity contribution in connection
with the transfer of the player from Club G to the Respondent. In particular, the
Claimant requested 38,109% of the 5% of the transfer compensation as well as
interest as of the due date. Moreover, the Claimant requested that the
Respondent bears the entire procedural costs.
5.
According to the information contained in the TMS, the player was registered
with the Respondent on 30 September 2016.
6.
In spite of having been invited to do so, the Respondent did not reply to the
claim of the Claimant.
7.
On 5 July 2017, the Claimant confirmed that no payment had been received
from the Respondent.
II.
Cons iderations of the S ingle Judge of the s ub-com m ittee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution
Chamber (hereinafter: the Single Judge) analysed whether he was competent to
deal with the matter at hand. In this respect, he took note that the present
matter was submitted to FIFA on 5 October 2016. Consequently, the 2015 edition
of the Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the
matter at hand (cf. art. 21 of the Procedural Rules).
Distribution of the Solidarity Contribution for the player, Player E
(Club A, Country B / Club C, Country D)
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2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which
states that the Dispute Resolution Chamber shall examine its jurisdiction in light
of arts 22 to 24 of the Regulations on the Status and Transfer of Players (edition
2016). In accordance with art. 3 of Annexe 6 in conjunction with art. 24 par. 3
and art. 22 lit. d) of the Regulations on the Status and Transfer of Players, the
Single Judge is competent to decide on the present dispute relating to solidarity
mechanism between clubs belonging to different associations handled through
TMS.
3.
Furthermore, the Single 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 (edition 2016), and considering that the player was registered
with the Respondent on 30 September 2016, the 2016 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 Single Judge and the applicable regulations having been
established, the Single Judge entered into the substance of the matter. In this
respect, the Single Judge started by acknowledging all the above-mentioned
facts as well as the arguments and the documentation submitted by the parties.
However, the Single 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. In particular, the
Single Judge recalled that in accordance with art. 6 par. 3 of Annexe 3 of the
Regulations, FIFA may use, within the scope of proceedings pertaining to the
application of the Regulations, any documentation or evidence generated or
contained in the Transfer Matching System (TMS).
5.
In this respect, the Single judge noted that the Claimant claimed the payment
of solidarity contribution from the Respondent, corresponding to 38,109% of
the 5% of the relevant transfer compensation, plus 5% interest per year
applicable as of the date on which the payment fell due.
6.
In addition to the above, the Single judge took into account that according to
the information contained in the TMS, Club G and the Respondent agreed upon
a transfer compensation of EUR 700,000 in connection with the transfer of the
player from Club G to the Respondent.
7.
Furthermore, the Single judge duly noted that the Respondent never took
position in the present matter, although having been invited to do so by FIFA.
Therefore, the Single judge deemed that, in this way, the Respondent
renounced to its right to defence and accepted the allegations of the Claimant.
Distribution of the Solidarity Contribution for the player, Player E
(Club A, Country B / Club C, Country D)
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8.
As a consequence of the aforementioned consideration, the Single judge
established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall
take a decision upon the basis of the documents already on file.
9.
Having established the above, the Single judge referred to art. 21 of the
Regulations 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.
10.
In this respect, the Single judge recalled that the Football Federation of Country
B had confirmed that the player, born on 17 June 1984, was registered with the
Claimant as from 19 May 1998 until 30 December 2002.
11.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the Single judge considered that the Claimant is, thus, entitled to
receive solidarity contribution for the relevant period, i.e. for 7 months during
the season of the player’s 14th birthday and the entire seasons of the player’s
15th, 16th, 17th and 18th birthdays, which corresponds to 37,91% of the 5% of the
total transfer compensation.
12.
Having said that, the Single judge took into account that the Claimant, for its
part, claimed 38,109% of the 5% of the total transfer compensation.
13.
In view of all of the above, the Single judge decided to partially accept the claim
of the Claimant and held that the Respondent is liable to pay the amount of
EUR 13,268 to the Claimant as solidarity contribution in relation to the transfer
of the player from Club G to the Respondent.
14.
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 Single 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 13,268 as from 31
October 2016 until the date of effective payment.
15.
Lastly, the Single 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 Single 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
Distribution of the Solidarity Contribution for the player, Player E
(Club A, Country B / Club C, Country D)
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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).
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.
17.
On that basis, the Single judge held that the amount to be taken into
consideration in the present proceedings is EUR 13,338 related to the claim of
the Claimant. Consequently, the Single judge concluded that the maximum
amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex
A).
18.
Considering the fact that the claim of the Claimant was almost fully accepted
and that the Respondent did not reply to the claim, the Single judge determined
the costs of the current proceedings to the maximum amount of CHF 5,000,
which shall be borne by the Respondent.
19.
The Single judge concluded his deliberations in the present matter by
establishing that any further claim lodged by the Claimant is rejected.
III.
Decis ion of the S ingle Judge of the s ub-com m ittee of the DRC
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, w ithin 30 day s as from
the date of notification of this decision, the amount of EUR 13,268 plus 5%
interest p.a. as from 31 October 2016 until the date of effective payment.
3.
In the event that the aforementioned sum and interest are not paid 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.
Any further request filed 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, w ithin 30 day s as from the date of the notification of the
present decision, to FIFA to the following bank account with reference to case
no. XXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
Distribution of the Solidarity Contribution for the player, Player E
(Club A, Country B / Club C, Country D)
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6.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance under point 2. above is to be made
and to notify the Single Judge of the sub-committee of the DRC of every
payment received.
*****
Note relating to the m otiv ated decis ion (legal remedy):
According to art. 58 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 Single Judge of the
sub-committee of the DRC:
Marco Villiger
Chief Legal & Integrity Officer
Encl. CAS directives
Distribution of the Solidarity Contribution for the player, Player E
(Club A, Country B / Club C, Country D)
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