Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 27 August 2014,
by Philippe Diallo (France), DRC judge,
on the claim presented by the club,
Club S, from country B
as Claimant
against the club,
Club G, from country I
as Respondent
regarding solidarity contribution in connection with the transfer
of the player C
I.
Facts of the case
1.
The country B Football Confederation confirmed that the player, Player C (hereinafter:
the player), born in December 1986, was registered with its affiliated club, Club S
(hereinafter: the Claimant), from 28 April 2003 until 27 May 2008.
2.
The country B Football Confederation also confirmed that the sporting season in
country B runs from January to December of the same year.
3.
According to a written confirmation of the country I Football Federation the player
was registered with its affiliated club, Club G (hereinafter: the Respondent), on 3
February 2012.
4.
On 19 April 2013, the Claimant contacted FIFA claiming its proportion of the solidarity
contribution in connection with the transfer of the player from the country B club,
Club T, to the Respondent which apparently took place on 31 January 2012.
5.
After amending its claim, the Claimant requested 2,54% of the total transfer
compensation, equivalent to EUR 21,368.22 after tax applied by the Claimant.
6.
According to the loan agreement uploaded in the Transfer Matching System, the
transfer compensation agreed between Club T and the Respondent in connection
with the transfer of the player on the basis of a loan amounted to EUR 800,000,
broken down as follows:
-
EUR 300,000 payable after the release of the International Transfer Certificate (ITC);
-
EUR 250,000 due by 15 July 2012;
-
EUR 250,000 due by 15 December 2012.
7.
In its statement of defence, the Respondent alleges that it has already paid Club T the
total amount of EUR 300,000 and that there is currently a pending dispute involving
said parties with regard to the payment of the rest of the transfer compensation, i.e.
EUR 500,000. Therefore, the Respondent deems that the amount claimed in relation to
solidarity contribution with regard to the transfer of the player should be calculated
on the basis of the amount effectively paid by the Respondent, i.e. EUR 300,000.
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
19 April 2013. Consequently, the DRC judge concluded that the 2012 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 par. 2 and par. 3 of
the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules, which
states that the DRC judge shall examine its jurisdiction in light of art. 24 par. 2 of the
Regulations on the Status and Transfer of Players (edition 2014). In accordance with
art. 24 par. 1 and par. 2 lit. iii. in connection with art. 22 lit. d) of the Regulations on
Solidarity contribution in connection with the player C (Club S, from country B / Club G, from country I)
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the Status and Transfer of Players (hereinafter: the Regulations), the DRC judge is
competent to decide on the present matter relating to the solidarity mechanism
between clubs belonging to different associations in connection with an international
transfer of the player.
3.
Furthermore, the DRC judge analysed which edition of the Regulations 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 (edition 2014) and, on the other hand,
to the fact that the present claim was lodged on 19 April 2013 and that the player was
registered with the Respondent on 3 February 2012. In view of the aforementioned,
the DRC judge concluded that the 2010 edition of 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.
5.
In this respect, the DRC judge noted that the Claimant claimed the payment of the
amount of EUR 21,368.22 as solidarity contribution from the Respondent,
corresponding to 2,54% of the total transfer compensation agreed between the
Respondent and Club T for the transfer of the player which apparently occurred on 31
January 2012.
6.
In addition to the above, the DRC judge took into account that according to the
information contained in the Transfer Matching System (TMS), Club T and the
Respondent agreed upon a transfer compensation of EUR 800,000, thereof the
amount of EUR 300,000 payable upon receipt of the ITC, the amount of EUR 250,000
on 15 July 2012 and the amount of EUR 250,000 on 15 December 2012.
7.
Furthermore, the DRC judge took due note that the Respondent deems that the
amount claimed in relation to solidarity contribution with regard to the transfer of the
player should be calculated on the basis of the amount effectively paid by the
Respondent to Club T, i.e. EUR 300,000. The Respondent underlined the existence of a
pending dispute involving the said parties with regard to the payment of the rest of
the transfer compensation.
8.
Having established the above, the DRC 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.
9.
In this respect, the DRC judge recalled that the country B Football Association had
confirmed that the player, born in December 1986, was registered with the Claimant
as from 28 April 2003 until 27 May 2008.
Solidarity contribution in connection with the player C (Club S, from country B / Club G, from country I)
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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, thus, entitled to receive solidarity
contribution for the period as from 28 April 2003 until 27 May 2008.
11.
With regard to the calculation of the amount due by the Respondent as solidarity
contribution, the DRC Judge referred to the decision rendered by the Players’ Status
Committee (PSC) on 23 April 2013 according to which the Respondent was requested
inter alia to pay Club T the amount of EUR 500,000 as outstanding compensation for
the loan of the player. In this context, the DRC Judge was of the opinion that the
amount claimed in relation to solidarity contribution with regard to the transfer of the
player should be calculated on the basis of the total amount foreseen in the transfer
agreement as transfer compensation, i.e. EUR 800,000.
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 20,336 to
the Claimant as solidarity contribution in relation to the transfer of the player from
Club T to the Respondent.
13.
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 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).
14.
In respect of the above, and taking into account the degree of success in the
proceedings of the claim of Claimant which has been partially accepted, the DRC judge
concluded that the costs of the current proceedings in front of FIFA are to be borne by
the Respondent.
15.
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.
16.
On that basis, the DRC judge held that the amount to be taken into consideration in
the present proceedings is EUR 21,368.22 related to the claim of the Claimant.
Consequently, the DRC judge concluded that the maximum amount of costs of the
proceedings corresponds to currency of country H 5,000 (cf. table in Annexe A).
17.
Considering the degree of success of the Claimant’s claim, the DRC judge determined
the costs of the current proceedings to the amount of currency of country H 5,000 to
be paid by the Respondent.
III.
Decision of the DRC judge
1.
The claim of the Claimant is partially accepted.
2.
The Respondent has to pay to the Claimant the amount of EUR 20,336 within 30
days as from the date of notification of this decision.
Solidarity contribution in connection with the player C (Club S, from country B / Club G, from country I)
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3.
In the event that the aforementioned amount 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 claim lodged by the Claimant is rejected.
5.
The final costs of the proceedings in the amount of currency of country H 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.:
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):
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:
________________________
Jérôme Valcke
Secretary General
Encl.: CAS directives
Solidarity contribution in connection with the player C (Club S, from country B / Club G, from country I)
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