Labour Disputes
Texto da decisão
Decision of the
Single Judge of the sub-committee of the Dispute
Resolution Chamber (DRC)
passed on 22 September 2016,
by Taku Nomiya (Japan),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Club A, country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding solidarity contribution in connection with the transfer
of the Player E
I.
Facts of the case
1.
According to the player passport issued by the Football Association of country B, the
player, Player E, born on 14 May 1995, was registered with Club A (hereafter: the
Claimant) as from 13 June 2008 until 30 June 2014.
2.
The relevant sporting seasons in country B ran as from 1 July until 30 June of the
following year.
3.
Moreover, according to the information contained in the Transfer Matching System
(TMS), the player was registered with the club from country D, Club C (hereinafter:
the Respondent), on 1 September 2015.
4.
According to the information contained in the TMS, on 30 June 2015, Club F and the
Respondent agreed upon a transfer compensation for the transfer of the player
amounting to EUR 3,500,000 payable as follows:
EUR 875,000 on 30 August 2015;
EUR 875,000 on 30 November 2015;
EUR 875,000 on 29 February 2016;
EUR 875,000 on 30 June 2016.
5.
On 31 May 2016, the Claimant lodged a claim in front of FIFA claiming its
proportion of the solidarity contribution in connection with the transfer of the
player from Club F to the Respondent. In particular, the Claimant requested 2.562%
of the transfer compensation, plus 5% interest as of each due date.
6.
In its reply to the claim, the Respondent pointed out that the Claimant’s position
was not consistent since on 25 April 2016, it sent it a default notice requesting
2.762%, whereas it is now claiming 2.562%.
7.
In its replica, the Claimant confirmed its claim of 2.562% of the total transfer
compensation.
8.
In spite of having been invited to do so, the Respondent did not submit any final
comments.
II.
Considerations of the Single Judge of the sub-committee of the DRC
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D)
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1.
First of all, the Single Judge of the sub-committee of the DRC (hereinafter: the
Single Judge) analysed whether he was competent to deal with the case at hand. In
this respect, he took note that the present matter was submitted to FIFA on 31 May
2016. Consequently, the Single Judge concluded that the 2015 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 (cf. art. 21 of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 par. 2 and 3 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 2016),
he 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 Single 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, he referred, on the one hand, to art. 26 par. 1 and 2 of the
Regulations on the Status and Transfer of Players (edition 2016) and, on the other
hand, to the fact that the player was registered with the Respondent on 1
September 2015. In view of the aforementioned, the Single Judge concluded that
the 2015 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 Single Judge and the applicable regulations having been
established, the Single Judge entered into the substance of the matter. In doing so,
the Single Judge started by acknowledging the above-mentioned facts of the case
as well as the documents contained in the file. However, the Single Judge
emphasised that in the following considerations he will refer only to facts,
arguments and documentary evidence which he considered pertinent for the
assessment of the matter at hand.
5.
In this respect, the Single Judge noted that the Claimant is requesting, as solidarity
contribution, 2.562% of the transfer compensation paid by the Respondent to the
club from country G, Club F. On the other hand, the Single Judge observed that the
Respondent does not deny having the obligation to pay its proportion of solidarity
contribution to the Claimant, but merely outlines the inconsistency of the latter’s
calculations.
6.
In continuation, the Single Judge 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
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D)
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club(s) involved in the training and education of the player between the seasons of
his 12th and 23rd birthday.
7.
In this respect, the Single Judge recalled that the Football Association of country B
had confirmed that the player, born on 14 May 1995, was registered with the
Claimant as from 13 June 2008 until 30 June 2014.
8.
As a result, the Single Judge concluded that, in accordance with art. 1 of Annexe 5
of the Regulations and since the player had been registered with the Claimant
during 73 months between the seasons of his 13th birthday and his 19th birthday, the
Respondent is obliged to pay to the Claimant the proportion of 50.41% of 5% of
the relevant transfer compensation.
9.
Turning his attention to the relevant calculation, the Signe Judge took into account
that, according to the relevant transfer agreement dated 30 June 2015, the
Respondent agreed to pay the total amount of EUR 3,500,000 in 4 installments of
EUR 875,000 each, on the following dates: 30 August 2015, 30 November 2015, 29
February 2016 and 30 June 2016.
10.
In view of all of the above, the Single Judge decided to partially accept the claim of
the Claimant and held that the Respondent is liable to pay the amount of EUR
88,217.50 to the Claimant as solidarity contribution in relation to the transfer of the
player from Club F to the Respondent.
11.
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 Single Judge 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 88,217.50 until the date of
effective payment as follows:
-
12.
5% p.a. as of 30 September 2015 on the amount of EUR 22,054.375;
5% p.a. as of 31 December 2015 on the amount of EUR 22,054.375;
5% p.a. as of 31 March 2016 on the amount of EUR 22,054.375;
5% p.a. as of 31 July 2016 on the amount of EUR 22,054.375.
Lastly, the Single 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 Single Judge, relating to disputes regarding training
compensation and the solidarity mechanism, costs in the maximum amount of CHF
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).
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D)
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13.
In respect of the above, and taking into account that the Claimant is the successful
party in the proceeding, the Single Judge concluded 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.
On that basis, the Single Judge held that the amount to be taken into consideration
in the present proceedings is EUR 89,670 related to the claim of the Claimant.
Consequently, the Single Judge concluded that the maximum amount of costs of
the proceedings corresponds to CHF 10,000 (cf. table in Annex A).
16.
As a result, and taking into account the degree of success, the Single Judge
determined the costs of the current proceedings to the amount of CHF 8,000, which
shall be borne by the Respondent.
III.
Decision of the Single Judge of the sub-committee of the DRC
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the
date of notification of this decision, the amount of EUR 88,217.50 plus 5% interest
p.a. until the date of effective payment as follows:
- 5% p.a. as of 30 September 2015 on the amount of EUR 22,054.375;
- 5% p.a. as of 31 December 2015 on the amount of EUR 22,054.375;
- 5% p.a. as of 31 March 2016 on the amount of EUR 22,054.375;
- 5% p.a. as of 31 July 2016 on the amount of EUR 22,054.375.
3.
In the event that the amount plus interest due to the Claimant in accordance with
the above-mentioned point 2 is not paid by the Respondent within the stated time
limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee for consideration and a formal decision.
4.
Any further claim lodged by the Claimant is rejected.
5.
The costs of the proceedings in the amount of CHF 8,000 are to be paid by the
Respondent, 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 to FIFA to the following bank account
with reference to case nr. XXXX:
UBS Zurich
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D)
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Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.2. The amount of CHF 5,000 has to be paid directly to the Claimant.
6.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance under points 2. and 5.2. are to be made
and to notify the Single Judge of the sub-committee of the DRC of every payment
received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 58 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 Single Judge of the
sub-committee of the DRC:
Marco Villiger
Deputy Secretary General
Enclosed: CAS directives
Distribution of the Solidarity Contribution for the Player E
(Club A, country B / Club C, country D)
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