Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 August 2014,
in the following composition:
on the claim presented by the club,
Club P, from country X
as Claimant
against the club,
Club S, from country Z
as Respondent
regarding solidarity contribution in connection
with the player V
I.
Facts of the case
1.
According to the player passport issued by the Football Association of country X, the
player V (hereinafter: the player), born on 10 December 1987, was registered with
its affiliated club P (hereinafter: the Claimant), as from 23 February 1998 until 21
March 2006 as an amateur and as from 22 March 2006 until 1 January 2007 as a
professional.
2.
The relevant sporting seasons in country X ran as follows: a) for amateurs (under 20
years of age) from January to December of the relevant year and b) for amateurs
(more than 20 years of age) and professionals from 1 July until 30 June of the
following year.
3.
Football Association of country Z informed FIFA that the player was registered with
its affiliated club S (hereinafter: the Respondent), on 31 July 2013.
4.
According to the information contained in the Transfer Matching System (TMS), on
25 July 2013, the Respondent and the club F from country A, concluded a transfer
agreement for the transfer of the player stipulating a transfer compensation
amounting to EUR 37,000,000 payable as follows:
a. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later
than five (5) days after the execution of the transfer agreement;
b. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later
than 31 July 2014;
c. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later
than 31 July 2015;
d. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later
than 31 July 2016.
5.
In this framework, on 16 September 2013, the Claimant contacted FIFA asking for its
proportion of the solidarity contribution derived from the transfer of the player
from club F to the Respondent. In particular, the Claimant asked for 60% of the 5%
of the total transfer compensation which, according to the latter, amounted to
“EUR 1,100,000” out of which the first instalment, in the amount of “EUR 277,000”,
was already payable. In this respect, the Claimant acknowledged that on 6
November 2013 the Respondent paid the amount of EUR 254,945.21 and thus, the
outstanding amount is still of EUR 22,554.79.
6.
In its reply to the claim, the Respondent asserted that the calculation made by the
Claimant was incorrect since the player was only registered with the latter for 7 ½
seasons and not for 8, as the Claimant claimed. Therefore, according to the
Respondent, the Claimant would only be entitled to 55.123% of 5% of the total
transfer compensation.
Solidarity contribution in connection with the player V
(Club P, from country X / Club S, from country Z)
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7.
On account of the above, the Respondent claims that “the amount of EUR
254,945.21, paid by club S on 6 November 2013, is the correct sum due, as first
instalment of solidarity contribution to club P”.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as the DRC
or the 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 16 September 2013. Consequently, the Rules governing the procedures of
the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012;
hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art. 21
par. 1 and par. 2 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 and 2 in
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 an club P and an club S.
3.
In this respect, the Chamber was eager to emphasize that contrary to the
information contained in FIFA’s letter dated 22 August 2014 by means of which the
parties were informed of the composition of the Chamber, the member M and the
member W refrained from participating in the deliberations in the case at hand,
due to the fact that the member M has the same nationality as the Respondent and
that, in order to comply with the prerequisite of equal representation of club and
player representatives, also the member W refrained from participating and thus
the Dispute Resolution Chamber adjudicated the case in presence of three members
in accordance with art. 24 par. 2 of the Regulations on the Status and Transfer of
Players.
4.
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 2012 and 2014) and, on
the other hand, to the fact that the present claim was lodged on 16 September 2013
and that the player was registered with the Respondent on 31 July 2013. In view of
the aforementioned, the Chamber confirmed 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.
5.
The competence of the Chamber and the applicable regulations having been
established, and entering into the substance of the matter, the Chamber started by
acknowledging the above-mentioned facts, the arguments of the parties as well as
the documentation contained in the file. However, the Chamber emphasised that in
Solidarity contribution in connection with the player V
(Club P, from country X / Club S, from country Z)
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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.
6.
In this respect, the DRC noted that the Claimant claimed the payment of the
amount of “EUR 277,000” as solidarity contribution from the Respondent
corresponding to 60% of the 5% of the transfer compensation which was already
due, i.e. the instalment in the amount of EUR 9,250,000 payable by 30 July 2013
(hereinafter: the first instalment).
7.
In addition to the above, and referring to art. 6 par. 3 of Annexe 3 of the
Regulations, the Chamber took into account that according to the information
contained in the TMS, the club F, and the Respondent agreed upon a transfer
compensation for the transfer of the player of EUR 37,000,000 payable in 4
instalments of EUR 9,250,000 out of which, the first instalment is the one serving as
the basis for the claim of the Claimant.
8.
Furthermore, the DRC noted that the Respondent, for its part, contested the
percentage claimed by the Claimant and argues that the latter would only be
entitled to 55.123% of the 5% of the first instalment in the amount of “EUR
254,945.21”.
9.
Having established the above, the Chamber 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
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 Association of country X had
confirmed that the player, born on 10 December 1987, was registered with the
Claimant as from 23 February 1998 until 21 March 2006 as an amateur and as from
22 March 2006 until 1 January 2007 as a professional.
11.
At this point, the DRC wished to emphasise that taking into consideration the date
of birth of the player, the changes in the starting and ending dates of the sporting
season in country X as well as the fact that the player turned professional on 22
March 2006, the season of the player’s 19th birthday i.e. the season 2006/2007 ran
from 1 January 2006 to 30 June 2007 covering a period of 18 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 above-mentioned period, i.e. for 12 months of the
season of the player’s 12th birthday until 18th birthday and for 12 months out of 18
for the season of the player’s 19th birthday. In terms of the percentage of the 5%
Solidarity contribution in connection with the player V
(Club P, from country X / Club S, from country Z)
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solidarity contribution, the Chamber calculated that, on a pro rata basis, this
corresponds to 56.66% 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 remaining amount of
EUR 7,107.29 to the Claimant as solidarity contribution for the first instalment due
on 30 July 2013 in relation to the transfer of the player from club F to the
Respondent.
14.
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 training compensation and the solidarity mechanism,
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.
15.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 22,554.79 related to the claim of
the Claimant. Consequently, the Chamber concluded that the maximum amount of
costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A).
16.
As a result, and taking into account that the claim of the Claimant has been
partially accepted as well as that the Respondent rejected the Claimant’s claim in its
entirety, the Chamber concluded that both the Claimant as well as the Respondent
have to bear a part of the costs of the current proceedings in front of FIFA.
17.
Considering the above, the Chamber determined the costs of the current
proceedings to the amount of CHF 5,000, CHF 2,500 of which shall be borne by the
Claimant and CHF 2,500 of which shall be borne by the Respondent.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, club P, is partially accepted.
2.
The Respondent, club S, has to pay to the Claimant the amount of EUR 7,107.29
within 30 days as from the date of notification of this decision.
3.
In the event that the aforementioned sum 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.
Solidarity contribution in connection with the player V
(Club P, from country X / Club S, from country Z)
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5.
6.
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 2,500 by the Respondent to the Claimant
5.2
The amount of CHF 2,500 by the Claimant to FIFA. Given that the Claimant
has already paid the amount of CHF 5,000 as advance of costs at the start of
the present proceedings, no additional amount has to be paid by the
Claimant.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittances under point 2. and 5.1 above are to be
made and to notify the Dispute Resolution Chamber 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 Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl. CAS directives
Solidarity contribution in connection with the player V
(Club P, from country X / Club S, from country Z)
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