Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 20 August 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Theo van Seggelen (Netherlands), member
Taku Nomiya (Japan), member
on the matter between the club,
Club J, from country B
as Claimant
and the club,
Club D, from country U
as Respondent
and the club,
Club V, from country B
as Intervening party
regarding solidarity contribution in connection with the transfer
of the player D
I.
Facts of the case
1.
According to the player passport issued by the country B Football Federation Player D,
from country B(hereinafter: the player), born in April 1990, was registered with Club J
(hereinafter: the Claimant), from 9 May 2008 until 4 March 2010.
2.
The country B Football Federation also confirmed that the sporting season in country B
follows the calendar year.
3.
According to the Football Federation of country U, the player was registered with its
affiliated club, Club D (hereinafter: the Respondent), on 1 February 2013.
4.
On 31 October 2013, the Claimant lodged a complaint before FIFA against Club D,
requesting 0.97% of the transfer compensation, amounting to EUR 33,950, plus 5 %
interest p.a. “from the register of the player”, pertaining to the aforementioned transfer
of the player.
5.
Pursuant to the transfer agreement provided by the Respondent, the transfer
compensation agreed upon between Club V and the Respondent amounted to EUR
3,500,000 due on 8 February 2013.
6.
In its reply, the Respondent asserted that in accordance with the content of the transfer
agreement, “all solidarity payments are made by Club V [Club V]”.
7.
In spite of having been invited to inform FIFA of the status of the matter, Vasco and the
Respondent did not submit any additional comments in this regard.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber)
analysed whether it was competent to deal with the case at hand. In this respect, it took
note that the present matter was submitted to FIFA on 31 October 2013. Consequently, the
DRC 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. 1 and par. 2 of the Procedural Rules).
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the above-mentioned
Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in the light
of articles 22 to 24 of the Regulations for the Status and Transfer of Players (edition 2014).
In accordance with art. 24 par. 1 in connection with art. 22 (e) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on disputes between two
clubs belonging to different Associations related to solidarity mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to decide on
the present litigation concerning the distribution of the solidarity contribution claimed by
the Claimant, in connection with the transfer of the professional player, Player D, to the
Respondent.
4.
Furthermore, the DRC analysed which edition of the Regulations should be applicable as to
the substance of the matter. In this respect, it 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 31 October 2013 and that the player was registered with the
Solidarity contribution in connection with the player D (Club J, form country B / Club D, from country U / Club V,
from country B)
2/5
Respondent on 1 February 2013. In view of the aforementioned, the DRC concluded that
the 2012 edition of the Regulations is applicable to the matter at hand as to the substance.
5.
The competence of the Chamber and the applicable regulations having been established,
the DRC entered into the substance of the matter. In doing so, the members of the
Chamber started by acknowledging the above-mentioned facts of the case as well as the
documents contained in the file.
6.
In this respect, the DRC noted that the Claimant claimed the payment of the amount of
EUR 33,950 as solidarity contribution from the Respondent, corresponding to 0.97% of the
total transfer compensation agreed between the Respondent and Club V for the transfer
of the player concerned.
7.
In addition to the above, the Chamber took into account that according to the transfer
contract it was remitted, Club V and the Respondent agreed upon a transfer compensation
of EUR 3,500,000, payable by 8 February 2013.
8.
In continuation, the Chamber observed that the Respondent allegedly having agreed with
Club V that the latter should be responsible for paying solidarity contribution.
9.
Subsequently, it appears from the above-mentioned that solidarity contribution is payable
in the matter at hand, but was not paid to the Claimant by the Respondent. The Chamber
further observed that the Respondent had neither explicitly stated having paid 100% of
the transfer compensation to Club V, nor explicitly requested the relevant amount to be
reimbursed by Club V and did not submit its final comments pertaining to the matter at
stake.
10.
As a consequence of the aforementioned consideration, the DRC established that, in
accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis
of the information submitted by the parties and the documents already on file.
11.
Having established the above, the DRC 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.
12.
In this respect, the Chamber recalled that the country B Football Federation had confirmed
that the player, born in April 1990, was registered with the Claimant as from 9 May 2008
until 4 March 2010.
13.
On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the
DRC considered that the Claimant is thus entitled to receive solidarity contribution for the
period as from 9 May 2008 until 4 March 2010.
14.
In view of all of the above, the DRC decided to partially accept the claim of the Claimant
and held that the Respondent is liable to pay the amount of EUR 32,025 to the Claimant as
solidarity contribution in relation to the transfer of the player from Club V to the
Respondent.
Solidarity contribution in connection with the player D (Club J, form country B / Club D, from country U / Club V,
from country B)
3/5
15.
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 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 32,025 as of 4 March 2013 until the date of effective payment.
16.
Lastly, the Chamber 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
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).
17.
In respect of the above, and taking into account the degree of success in the proceedings
of the claim of Claimant, the DRC concluded that the costs of the current proceedings in
front of FIFA are to be borne by the Respondent.
18.
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.
19.
On that basis, the Chamber held that the amount to be taken into consideration in the
present proceedings is EUR 33,950 related to 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 (cf. table in Annexe A).
20.
Considering that the Claimant’s claim is partially accepted, the Chamber 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 Dispute Resolution Chamber
1.
The claim of the Claimant is partially 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 32,025 plus 5% interest p.a. as from 4
March 2013 until the date of effective payment.
3.
Any further claim lodged by the Claimant is rejected.
4.
In the event that the aforementioned amount is 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.
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 Dispute Resolution
Chamber of every payment received.
*****
Solidarity contribution in connection with the player D (Club J, form country B / Club D, from country U / Club V,
from country B)
4/5
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:
________________________
Jérôme Valcke
Secretary General
Encl: CAS directives
Solidarity contribution in connection with the player D (Club J, form country B / Club D, from country U / Club V,
from country B)
5/5