Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 13 September 2013,
by Mr Philippe Diallo (France), DRC judge,
on the claim presented by the club,
Club K, from country G
as Claimant
against the club,
Club D, from country U
as Respondent
regarding a solidarity contribution dispute
related to the transfer of the player I
I.
Facts of the case
1.
According to the player passport issued by the country G Football Federation as
well as to its written confirmation, Player I, from country G (hereinafter: the
player), born in June 1989, was registered with its affiliated club, Club K, from
country G (hereinafter: the Claimant), from 12 December 2007 until 6 July 2008
as well as from 24 October 2008 until 1 July 2009.
2.
The football season in country G runs as follows:
a) until and including 2005, as from January until December of the relevant
year and
b) since 1 August 2006 as from 1 August until 31 July of the next year.
3.
On 22 January 2011, Club D, from country U (hereinafter: the Respondent), and
Club B, from country S, signed a contract for the transfer of the player from Club
B to the Respondent. According to the information contained in the Transfer
Matching System (TMS), the transfer compensation amounted to EUR 6,000,000,
payable until 25 February 2011.
4.
According to the country U Football Federation, the player was registered with
the Respondent on 2 March 2011.
5.
On 14 May 2012, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the definitive transfer of the player
from Club B to the Respondent.
6.
The Claimant requested EUR 60,000 or 20% of the 5% solidarity contribution,
plus 8% interest since 16 December 2011, as well as the reimbursement of the
advance of costs from the Respondent.
7.
In spite of having been invited by FIFA to provide its position regarding the
claim, the Respondent did not respond to the claim or make any statements at
all during the course of the investigation.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber judge (hereinafter: the DRC judge)
analysed whether he was competent to deal with the case at hand. In this
respect, the DRC judge first referred to art. 21 par. 1 and 3 of the Rules
Governing the Procedures of the Players' Status Committee and the Dispute
Resolution Chamber (edition 2012). The present matter was submitted to FIFA on
14 May 2012, thus before the aforementioned Rules entered into force on
1 December 2012. Therefore, the DRC judge concluded that the 2008 edition of
the Rules Governing the Procedures of the Players' Status Committee and the
Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to
the matter at hand.
Solidarity Contribution for the player I
(Club K, from country G / Club D, from country U)
2
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules,
which states that the jurisdiction of the DRC judge is set out in art. 24 par. 2 of
the Regulations on the Status and Transfer of Players (edition 2012). In
accordance with art. 22 lit. d) and art. 24 par. 2 iii) of the aforementioned
Regulations, the DRC judge concluded that he was competent to deal with a
dispute regarding solidarity contribution involving a club affiliated to the
country G Football Federation and a club affiliated to the country U Football
Federation.
3.
Furthermore, the DRC judge 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 DRC judge referred, on the one hand, to art. 26 par. 1
and 2 in connection with art. 29 of the Regulations on the Status and Transfer of
Players (editions 2012 and 2010) and, on the other hand, to the fact that the
present claim was lodged on 14 May 2012 and that the player was registered for
the Respondent on 2 March 2011. In view of the aforementioned, the DRC judge
concluded that the 2010 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 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 60,000 as solidarity contribution from the Respondent,
corresponding to 20% of the 5% of the total compensation, plus 8% interest
since 16 December 2011, as well as the reimbursement of the advance of costs
from the Respondent.
6.
In addition to the above, the DRC judge took into account that according to the
information contained in the Transfer Matching System, Club B and the
Respondent agreed upon a transfer compensation of EUR 6,000,000 payable
until 25 February 2011.
7.
Furthermore, the DRC judge duly noted that the Respondent never took position
in the present matter, although having been invited to do so by FIFA. Therefore,
the DRC judge 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 DRC judge
established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall
take a decision upon the basis of the documents on file.
Solidarity Contribution for the player I
(Club K, from country G / Club D, from country U)
3
9.
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.
10.
In this respect, the DRC judge recalled that the country G Football Federation
had confirmed that the player, born in June 1989, was registered with the
Claimant as from 12 December 2007 until 6 July 2008 as well as from 24 October
2008 until 1 July 2009.
11.
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 periods as from 12 December 2007 until
6 July 2008 as well as from 24 October 2008 until 1 July 2009, i.e. for a total of 15
months.
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 37,500 to the Claimant as solidarity contribution in relation to the transfer
of the player from Club B to the Respondent.
13.
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 judge decided that
the Respondent has to pay, in conformity with the longstanding practice of the
DRC, interest at a rate of 5% p.a. as from 16 December 2011 until the date of
effective payment.
14.
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 S 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).
15.
In respect of the above, and taking into account that the claim of the Claimant
has been partially accepted, the DRC judge concluded that both the Claimant
and the Respondent have to bear a part of the costs of the current proceedings
in front of FIFA.
16.
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.
Solidarity Contribution for the player I
(Club K, from country G / Club D, from country U)
4
17.
On that basis, the DRC judge held that the amount to be taken into
consideration in the present proceedings is EUR 60,000 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 S 10,000
(cf. table in Annexe A).
18.
Considering that the case at hand did not compose any complex factual or legal
issues, that it was adjudicated by the DRC judge and not by the DRC and that the
Respondent never took a stance in the present matter, the DRC judge
determined the costs of the current proceedings to the amount of currency of
country S 8,500. In accordance with point 13 above, the DRC judge decided that
the Respondent has to pay the amount of currency of country S 6,500 and the
Claimant the amount of currency of country S 2,000 to cover the aforementioned
amount of costs of the present proceedings.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club K, from country G, is partially accepted.
2.
The Respondent, Club D, has to pay to the Claimant, Club K, within 30 days as
from the date of notification of the present decision, the amount of EUR 37,500
plus 5% interest p.a. on said amount as from 16 December 2011 until the date of
effective payment.
3.
If the aforementioned sum plus interest is not paid within the aforementioned
deadline, the present matter shall be submitted, upon request, to FIFA's
Disciplinary Committee for consideration and a formal decision.
4.
Any further claims lodged by the Claimant, Club K, are rejected.
5.
The final amount of costs of the proceedings, amounting to currency of country
S 8,500, are to be paid within 30 days as from the date of notification of the
present decision as follows:
5.1. Currency of country S 6,500 by the Respondent, Club D, to FIFA to the
following bank account with reference to case no. XX-XXXXX:
5.2. Currency of country S 2,000 by the Claimant, Club K, to FIFA. Given that the
Claimant has already paid the amount of currency of country S 2,000 as
advance of costs at the start of the present proceedings, the Claimant does
not have to pay an additional amount as costs of the proceedings.
Solidarity Contribution for the player I
(Club K, from country G / Club D, from country U)
5
6.
The Claimant, Club K, is directed to inform the Respondent, Club D, 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.
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
CH-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:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
Solidarity Contribution for the player I
(Club K, from country G / Club D, from country U)
6