Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 25 October 2012,
in the following composition:
Geoff Thompson (England), Chairman
Joaquim Evangelista (Portugal), member
David Mayebi (Cameroon), member
Damir Vrbanovic (Croatia), member
Guillermo Saltos Guale (Ecuador), member
on the claim presented by the club,
Club E, from country A
as Claimant
against the club
Club O, from country G
as Respondent
regarding a solidarity contribution dispute
related to the transfer of the player L
I.
Facts of the case
1.
The country A Football Association confirmed that the player L (hereinafter: the
player), born in April 1980, was registered with its affiliated club, Club E
(hereinafter: Club E), as an amateur, from 14 March 1991 until 10 June 1998 and,
as
a
professional,
from
11 June 1998 until 9 January 2000 and from 1 July 2000 until 9 August 2001.
2.
The sporting season in country A runs as follows:
a) for amateurs (under 20 years of age) from January until December of the
relevant year; and
b) for amateurs (20 years of age or more) and professionals from 1 July until
30 June of the following year.
3.
On 2 June 2008, Club E contacted FIFA, claiming the payment of its proportion of
the solidarity contribution related to the transfer of the player from Club B, from
country S to Club O, from country G (hereinafter: Club O). In particular, Club E
claimed 75% of the proportion of the 5% of solidarity contribution.
4.
The country G Football Federation confirmed that the player was registered with
Club O on 20 August 2007.
5.
On 18 June 2009, the Dispute Resolution Chamber (DRC) passed a decision in
which it ordered Club O to remit FIFA a copy of the transfer agreement signed
with Club B.
6.
According to the transfer agreement, concluded between Club O and Club B, a
transfer compensation in the amount of EUR 2,400,000 was agreed upon, divided
in
two
instalments
of
EUR 1,200,000
each,
payable
until
30 August 2007 and 30 March 2008, respectively.
7.
In spite of having been invited by FIFA to do so, Club O did neither respond to the
claim nor make any statements during the course of the investigation.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber)
analysed whether it was competent to deal with the case at hand. In this respect,
it 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 2008). The
present matter was submitted to FIFA on 2 June 2008, thus before aforementioned
Rules Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber entered into force on 1 July 2008. Therefore, the Chamber
concluded that the 2005 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 L
(Club E, from country A / Club O, from country G)
2
2.
Subsequently, the Chamber referred to art. 3 par. 1 of the Procedural Rules, which
states that the Dispute Resolution Chamber shall examine its jurisdiction in the
light of articles 22 to 24 of the Regulations for the Status and Transfer of Players
(edition 2012). In accordance with art. 24 par. 1 in connection with art. 22 e) of the
aforementioned Regulations, the Dispute Resolution Chamber shall adjudicate on
disputes between two clubs belonging to different associations related to
solidarity mechanism.
3.
As a consequence, the DRC is the competent body to decide on the present
litigation concerning the distribution of the solidarity contribution claimed by the
Claimant, in connection with the transfer of the professional player L to the
Respondent.
4.
Furthermore, the members of the Chamber 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 Chamber confirmed that in
accordance with art. 26 par. 1 and 2 in connection with art. 29 of the Regulations
on the Status and Transfer of Players (editions 2010, 2009 and 2008) and
considering that the present claim was lodged on 2 June 2008 and that the player
was registered for the Respondent on 20 August 2007, the 2005 edition of the
Regulations for 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 DRC and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The members
of the DRC started by acknowledging the facts of the case as well as the
documentation contained in the file.
6.
First of all, the members of the Chamber went on to recall that according to
art. 21 in connection with Annex 5 of the Regulations, if a professional player
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 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.
7.
In this respect, the Chamber took into account that according to the transfer
contract concluded between Club B, from country S, and the Respondent the
player was transferred for the amount of EUR 2,400,000.
8.
In addition to the above, the Chamber drew its attention to the fact that the
country A Football Association confirmed that the player, born in April 1980, had
been registered for the Claimant as an amateur player, from 14 March 1991 until
10 June 1998 and, as a professional player, from 11 June 1998 until 9 January 2000
and from 1 July 2000 until 9 August 2001.
Solidarity Contribution for the player L
(Club E, from country A / Club O, from country G)
3
9.
Moreover, the Chamber considered that the Claimant requested 75% of the
proportion of 5% of the total transfer compensation paid by the Respondent to
Club B.
10.
In this respect, the Chamber reproached the behaviour of the Respondent, who
never took position in the dispute, despite having been asked to do so by the FIFA
administration on several occasions. In this way the Respondent renounced to its
right to defence and accepted the allegations of the Claimant.
11.
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, i.e. upon the statements
and documents presented by the Claimant and upon the transfer agreement.
12.
In view of all of the above, the Chamber decided that the claim of the Claimant is
accepted and that the Respondent has to pay to the Claimant the amount of
EUR 90,000.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club E, is accepted.
2.
The Respondent, Club O, has to pay to the Claimant, Club E, within 30 days as
from the date of notification of this decision, the amount of EUR 90,000.
3.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiry of the fixed time limit and the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee,
for consideration and a formal decision.
4.
The Claimant, Club E, is directed to inform the Respondent, Club O, 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.
*****
Solidarity Contribution for the player L
(Club E, from country A / Club O, from country G)
4
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 Dispute Resolution Chamber
Jérôme Valcke
Secretary General
Encl.
CAS directives
Solidarity Contribution for the player L
(Club E, from country A / Club O, from country G)
5