Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 25 September 2015,
by Theo van Seggelen (Netherlands), DRC judge,
on a matter between the club
Club A, country B,
and the club
Club C, country D
and the club
Club E, country F
as intervening party
regarding a dispute relating to the solidarity contribution in connection with
the transfer of the Player G.
I.
Facts of the case
1.
The Football Association of country B confirmed that the player, Player G (hereinafter:
the player), born on 21 January 1983, was registered with its affiliated club, Club A
(hereinafter: Club A), as from 20 September 1993 until 20 October 2001.
2.
The Football Association of country B also confirmed that for the period during which
the player was registered with Club A, the sporting season in country B ran as follows:
Season
1993/94
1994/95
1995/96
1996/97
1997/98
1998/99
1999/2000
2000/01
2001/02
Starting date
12.08.1993
11.08.1994
12.08.1995
10.08.1996
09.08.1997
08.08.1998
13.07.1999
12.08.2000
18.08.2001
Ending date
22.05.1994
27.05.1995
25.05.1996
31.05.1997
16.05.1998
20.03.1999
20.05.2000
20.06.2001
05.06.2002
3.
According to the Football Association of country D (hereinafter: the Football
Association of country D), the player was registered with its affiliated club, Club C
(hereinafter: Club C), on 15 July 2011.
4.
On 15 May 2012, Club A contacted FIFA claiming its proportion of solidarity
contribution in connection with the transfer of the player from the club from country
F, Club E (hereinafter: Club E) to Club C in July 2011.
5.
In particular, Club A requested 2.5% of the transfer compensation as solidarity
contribution.
6.
According to the information contained in the Transfer Matching System (TMS), Club E
and Club C had agreed upon transfer compensation amounting to EUR 700,000 net
payable on 11 July 2011. Furthermore, the parties agreed that “Club E will be
responsible for all solidarity payment according to FIFA transfer regulations”.
7.
In its reply to the claim, dated 2 November 2012, Club C held that according to the
transfer agreement concluded with Club E, Club E would be responsible for the
distribution of the solidarity contribution to the player’s former clubs. Club C,
however, did not request the involvement of Club E in the present proceedings.
8.
After FIFA informed all the parties of the pertinent jurisprudence in this regard, Club E
replied stating that because Club C is the new club, it had to pay the solidarity
contribution to Club A in light of FIFA’s Regulations.
II.
Considerations of the DRC judge
1.
First, the Dispute Resolution Chamber (DRC) judge (hereinafter: DRC judge) analysed
whether he was competent to deal with the matter at stake. In this respect, he took
note that the present matter was submitted to FIFA on 15 May 2012. Consequently,
Solidarity contribution in connection with the Player G
(Club A, country B / Club C, country D / Club E, country F)
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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 matter at hand (cf. art. 21 of the 2015 edition of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 1 and 2 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 (2015 edition), the DRC
judge is competent to decide on the present matter, which concerns a dispute relating
to the solidarity mechanism between clubs belonging to different associations, in
connection with the international transfer of a professional player.
3.
Furthermore, the DRC judge analysed which edition of the Regulations on the Status
and Transfer of Players (hereinafter: the Regulations) should be applicable to the
substance of the matter. In this respect, the DRC judge referred on the one hand to
art. 26 par. 1 and 2 of the Regulations (2015 edition), and on the other hand to the
fact that the present claim was lodged on 15 May 2012 and that the player was
registered with Club C on 15 July 2011, the 2010 edition of said regulations is
applicable to the matter at hand.
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, DRC
judge started by acknowledging all the aforementioned facts as well as the arguments
and the documentation submitted by the parties. The DRC judge however emphasised
that in the following considerations he will refer only to the facts, arguments and
documentary evidence which it considered pertinent for the assessment of the matter
at hand.
5.
The DRC judge started by acknowledging that Club A is requesting the payment of
2.5% of the transfer compensation from Club C as solidarity contribution in
connection with the international transfer of the professional player, Player G, from
the club from country F, Club E.
6.
Moreover, the DRC judge duly noted that according to the information contained on
the TMS and the transfer agreement, the player was transferred to Club C on 15 July
2011 for the amount of EUR 700,000.
7.
Furthermore, the DRC judge noted that Club C did not dispute Club A’s right to
receive its portion of the solidarity contribution, but only claimed it should be paid by
Club E, without however requesting the involvement of Club E in the present
proceedings.
8.
In continuation, the DRC judge emphasised that, as established in art. 21 in connection
with Annex 5 of the Regulations, 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 to be
distributed by the new club as solidarity contribution to the club(s) involved in the
training and education of the player in proportion to the number of years the player
has been registered with the relevant clubs between the sporting seasons of his 12th
and 23rd birthday.
Solidarity contribution in connection with the Player G
(Club A, country B / Club C, country D / Club E, country F)
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9.
In this respect, the DRC judge took due note that the Football Association of country B
confirmed that the Player G, born on 21 January 1983, was registered with the club
from country B, Club A, between 20 September 1993 and 20 October 2001.
10.
On account of the above and in accordance with art. 1 of Annex 5 of the Regulations,
the DRC judge considered that Club A is thus entitled to receive solidarity contribution
for the period of 20 September 1993 until 20 October 2011, i.e. for the entirety of the
seasons of his 12th to his 18th birthday and for four months of the season of his 19th
birthday.
11.
In view of all of the above, the DRC judge decided to accept the claim of Club A and
held that Club C is liable to pay the amount of EUR 17,500 to Club A as solidarity
contribution in relation to the transfer of the player from Club E to Club C.
12.
In continuation, 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 during the
proceedings before the Dispute Resolution Chamber or the DRC judge relating to
disputes regarding solidarity mechanism, costs in the maximum amount of CHF 25,000
are levied. The costs are to be borne in consideration of the parties’ degree of success
in the proceedings.
13.
In this respect, the DRC judge reiterated that the claim of Club A is accepted and
established that the Respondent has to bear the costs of the current proceedings in
front of FIFA.
14.
According to Annex A of the Procedural Rules the costs of the proceedings are to be
levied on the basis of the amount in dispute.
15.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 17,500 related to the claim of Club A. The DRC judge therefore
concluded that the maximum amount of costs of the proceedings corresponds to CHF
5,000 (cf. table in Annex A).
16.
Considering that the claim of Club A was fully accepted and that Club C did not put
forward any valid arguments for delaying the payment of the solidarity contribution
to Club A, the Chamber determined the final amount of costs of the current
proceedings as being CHF 5,000.
17.
In view of all of the above, the DRC judge concluded that the amount of CHF 5,000
has to be paid by Club C to cover the costs of the present proceedings.
III.
Decision of the DRC judge
1.
The claim of Club A is accepted.
2.
Club C, has to pay to Club A the amount of EUR 17,500 within 30 days as from the
date of notification of this decision.
3.
In the event that the aforementioned sum plus interest 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.
Solidarity contribution in connection with the Player G
(Club A, country B / Club C, country D / Club E, country F)
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4.
The final costs of the proceedings in the amount of CHF 5,000 are to be paid by Club C
within 30 days as from the date of the notification of the present decision, to FIFA to
the following bank account with reference to case nr. xxxxxxxxxxxx:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.
Club A is directed to inform 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 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:
Markus Kattner
Acting Secretary General
Encl.
CAS directives
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(Club A, country B / Club C, country D / Club E, country F)
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