Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 August 2014,
in the following composition:
Geoff Thompson (England), Chairman
Philippe Diallo (France), member
Guillermo Saltos Guale (Ecuador), member
Jon Newman (USA), member
Leonardo Grosso (Italy), member
on the claim presented by the club,
Club A, from country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding a solidarity contribution dispute related to
the transfer of the Player E
I.
Facts of the case
1.
According to a written confirmation from the Football Federation from country B
the player from country F, Player E (hereinafter: player), born on 17 July 1980, was
registered with its affiliated club, Club A (hereinafter: Club A or Claimant), as from
23 August 2001 until 28 May 2002.
2.
The sporting season in country B follows the calendar year.
3.
The Football Association from country F informed FIFA that the sporting season in
country F for professional players runs as from 1 July until 30 June of the following
year and that the amateur season follows the calendar year.
4.
According to the Football Association from country D, the player was registered
with the club from country D, Club C (hereinafter also referred to as Respondent),
on 17 September 2009.
5.
In August 2009, Club C concluded a transfer agreement with the club from country
F, Club G, for the definitive transfer of the player against the payment of a
compensation amounting to EUR 5,250,165.
6.
On 21 July 2011, Club A contacted FIFA claiming its proportion of the solidarity
contribution in connection with the aforementioned transfer of the player on the
basis of an alleged transfer compensation of USD 10,000,000.
7.
In particular, Club A requested the amount of USD 50,000, allegedly corresponding
to 0.5% of the total transfer compensation, plus interest.
8.
In spite of having been invited by FIFA to do so, Club C did not reply to the claim.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or
Chamber) analysed whether it was competent to deal with the case at hand. In this
respect, the Chamber took note that the present matter was submitted to FIFA on
21 July 2011. Consequently, the Rules governing the procedures of the Players’
Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter:
Procedural Rules) are applicable to the matter at hand (cf. art. 21 of the Procedural
Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
Solidarity contribution in connection with the player A
(Club A, from country B / Club C, from country D)
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conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2014), the Dispute Resolution Chamber is competent to decide on
the present matter, which concerns a dispute relating to the solidarity mechanism
between clubs belonging to different associations.
3.
Furthermore, the DRC 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, the members referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2014) and, on the other
hand, to the fact that the present claim was lodged on 21 July 2011 and that the
player was registered with the Respondent on 17 September 2009. In view of the
aforementioned, the Chamber confirmed that the 2008 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 and the applicable regulations having been
established, the DRC entered into the substance of the matter. In this respect, the
Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and the documentation submitted by the parties. However, the
Chamber emphasised that in the following considerations it will refer only to the
facts, arguments and documentary evidence, which it considered pertinent for the
assessment of the matter at hand.
5.
In this respect, the DRC noted that the Claimant claimed the payment of the
amount of USD 50,000 as solidarity contribution from the Respondent,
corresponding to 0.5% the total transfer compensation, which according to the
Claimant amounted to USD 10,000,000.
6.
In addition to the above, the DRC took into account that according to the transfer
agreement signed between the club from country F, Club G, and the Respondent, a
compensation of EUR 5,250,165 was agreed upon between said clubs for the
transfer of the player.
7.
Furthermore, the DRC noted that the Respondent has not replied to the claim of
the Claimant, although having been invited to do so by FIFA. In this respect, the
DRC deemed that, in this way, the Respondent renounced to its right of defence
and accepted the allegations of the Claimant.
8.
As a consequence of the aforementioned consideration, the Chamber established
that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall pass a decision
upon the basis of the documents already on file.
9.
Having established the above, the DRC 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
Solidarity contribution in connection with the player A
(Club A, from country B / Club C, from country D)
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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 between the
seasons of his 12th and 23rd birthday.
10.
In this respect, the DRC recalled that the Football Federation from country B had
confirmed that the player, born on 17 July 1980, was registered with the Claimant
as from 23 August 2001 until 28 May 2002.
11.
Furthermore, and considering that the player moved from country F to country B in
August 2001, the Chamber confirmed that the season of the player’s 21 st birthday
lasted from 1 July 2001 until 31 December 2001, i.e. 6 months.
12.
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 23 August 2001 until 28 May 2002,
i.e. for 4 months of the season of the player’s 21st birthday and for 5 months of
the season of the player’s 22nd birthday. In terms of the percentage of the 5%
solidarity contribution, the DRC calculated that, on a pro rata basis, this
corresponds to 10.82% of 5%.
13.
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 28,403
to the Claimant as solidarity contribution in relation to the transfer of the player
from Club G to the Respondent.
14.
In addition, taking into consideration the Claimant’s claim, the Chamber decided
to award the Claimant interest at the rate of 5% p.a. on the amount of EUR 28,403
as of the day on which the claim was lodged in front of FIFA, i.e. 21 July 2011, until
the date of effective payment.
15.
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 solidarity contribution, costs in the
maximum amount of CHF 25’000 are levied. It is further stipulated that the costs
are to be borne in consideration of the parties’ degree of success in the
proceedings and that, in accordance with Annex A of the Procedural Rules, the
costs of the proceedings are to be levied on the basis of the amount in dispute.
16.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is USD 50,000 related to the claim of the
Solidarity contribution in connection with the player A
(Club A, from country B / Club C, from country D)
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Claimant. Consequently, the Chamber concluded that the maximum amount of
costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A).
17.
As a result, considering the degree of success, the Chamber determined the costs of
the current proceedings to the amount of CHF 5,000, of which the amount of CHF
2,000 shall be borne by the Claimant and the amount of CHF 3,000 by the
Respondent.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, Club A, the amount of EUR
28,403 within 30 days as from the date of notification of this decision, plus 5%
interest p.a. as of 21 July 2011 until the date of effective payment.
3.
In the event that the aforementioned sum plus interest 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.
4.
Any further claim lodged by the Claimant, Club A, is rejected.
5.
The final costs of the proceedings in the amount of CHF 5,000 are to be paid, within
30 days as from the date of notification of the present decision as follows:
5.1 The amount of CHF 3,000 has to be paid by the Respondent.
5.2 The amount of CHF 2,000 has to be paid by the Claimant.
5.3 The above-mentioned amounts have to be paid to FIFA to the following bank
account with reference to case no.:
UBS Zurich
Solidarity contribution in connection with the player A
(Club A, from country B / Club C, from country D)
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Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
6.
The Claimant, Club A, is directed to inform the Respondent, Club C, immediately and
directly of the account number to which the remittance under point 2 above is to be
made and to notify the DRC of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to article 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 A
(Club A, from country B / Club C, from country D)
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