Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 October 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Carlos Soto (Chile), member
Brendan Schwab (Australia), member
Takuya Yamazaki (Japan), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
Alejandro Marón (Argentina), member
Guillermo Saltos Guale (Ecuador), member
on the claim presented by the club
L,
as Claimant
against the club
J,
as Respondent
for solidarity contribution in connection with
the transfer of the player Z.
I.
Facts of the case
1.
The player, Z (hereinafter: the player), was born on 13 September 1980.
2.
The Football Association of R confirmed that the player was registered with its
affiliated club, L (hereinafter: the Claimant), as from 28 February 2000 until 11
September 2000.
3.
The season in R runs as from 1 August until 31 July of the following year.
4.
According to a statement of the X Football Federation, the player was
registered with the club, J (hereinafter: the Respondent), on 4 August 2008.
5.
On 20 January 2009, L lodged a claim in front of FIFA, claiming its proportion
of the solidarity contribution in connection with the transfer of the player
concerned from the club C, to the Respondent, in 2008, for the alleged amount
of EUR 4,500,000.
6.
In reply to the Claimant’s claim, on 26 March 2009, the Respondent confirmed
that the total amount of transfer compensation was of EUR 4,500,000.
Furthermore, the Respondent indicated that this amount was to be paid to C in
three installments of EUR 1,500,000 each, payable on 1st July 2008, 30 June
2009 and 30 June 2010.
7.
In addition, the Respondent stated that, according to the player passport, “the
player was registered with the claimant between 28.02.2000 and 12.09.2000”,
whereas “for the majority of the European countries the season starts and ends
on 30 June”, and declared that the Claimant should provide it with the exact
dates of registration of the player. Finally, the Respondent acknowledged that
the Claimant is entitled to the solidarity contribution in accordance with the
transfer agreement. In this respect, the Respondent stated that the
outstanding amount due as solidarity contribution as of the date of its
submission would be over the first instalment only.
8.
Upon receipt of confirmation of the amount of transfer compensation, L
claimed the following amounts:
-
EUR 4,050 as solidarity contribution due on the first instalment,
EUR 4,050 as solidarity contribution due on the second instalment,
EUR 4,050 as solidarity contribution due on the third instalment,
as well as 5% interest from the due date of each payment.
9.
On 1st July 2009, the Claimant contacted FIFA once again to indicate that it had
still not received any payment from the Respondent.
10. Despite several notifications from FIFA, the Respondent did not provide any
additional statements in relation to the present matter.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as
“Chamber”) analysed whether it was competent to deal with the present
matter. In this respect, it noted that the present claim was submitted to FIFA
on 20 January 2009. Consequently, the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (edition 2008;
hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art.
21 par. 2 and 3 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 in
connection with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2009), the Dispute Resolution Chamber shall adjudicate, in the
presence of at least three members including the Chairman, on disputes
relating to the solidarity mechanism between clubs belonging to different
associations.
3.
As a consequence, the Dispute Resolution Chamber confirmed that it was the
competent body to decide on the present litigation concerning the distribution
of the solidarity contribution in connection with the international transfer of
the professional player, Z, from the club C, to the club J.
4.
Furthermore, and taking into consideration that the player was registered with
his new club on 4 August 2008, the Chamber analysed which regulations
should be applicable as to the substance of the matter. In this respect, it
confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on
the Status and Transfer of Players (edition 2009), and considering that the
present claim was lodged on 20 January 2009, the 2008 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.
Entering into the substance of the matter, the members of the Chamber
started by acknowledging that the Claimant is requesting the amount of EUR
4,050 as solidarity contribution due on each of the three installments of the
transfer compensation paid by the Respondent to the club C, in the amount of
EUR 4,500,000, plus 5% interest from the due date of each payment.
6.
Moreover, the Chamber duly noted that according to the transfer agreement
the Respondent agreed to pay the total amount of EUR 4,500,000 in three
installments of EUR 1,500,000 each, on the following dates: 1st July 2008, 30
June 2009 and 30 June 2010.
7.
In continuation. the Chamber acknowledged that the Respondent had
recognized that the Claimant was entitled to solidarity contribution in
connection with the pertinent transfer of the player but that it did not believe
the dates of registration of the player with the Claimant as provided by the
Football Association of R to be accurate.
8.
In view of the above, first and foremost, the members of the Chamber
emphasised that, as established in art. 21 of the Regulations in connection with
art. 1 par. 1 of Annexe 5 of the Regulations, if a professional is transferred
before the expiry of his contract, the new club of the player is to distribute 5%
of any compensation, with the exception of training compensation, paid to the
player’s former club 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 club(s) between the sporting seasons of his 12th and 23rd
birthday.
9.
Furthermore, the Chamber underlined that in case of contingent payments,
the new club shall pay the solidarity contribution to the training clubs no later
than 30 days after the date of such payments (cf. art. 2 par. 2 of the Annexe 5
of the Regulations).
10.
Reverting to the facts of the present case, the Chamber took note that the
Football Association of R confirmed that the player concerned, born on 13
September 1980, was registered with the Claimant as from 28 February 2000
until 11 September 2000 and that the season in R runs as from 1 August until
31 July of the following year. Consequently, the Chamber established that the
player was registered with the Claimant during 5 months of the season of the
player’s 19th birthday and one month of the season of his 20th birthday. In this
regard, the Chamber wished to emphasise that, contrary to the Respondent’s
allegation, it did not see any valid reason to suppose that the aforementioned
dates of registration, which were confirmed by the Football Association of R,
would be incorrect. In particular, the Chamber stressed, in accordance with the
principle of burden of proof mentioned under art. 12 par. 3 of the Procedural
Rules, that the Respondent did not provide any evidence at all that the
registration dates mentioned in the player passport provided by the Football
Association of R would be inaccurate.
11.
In light of the above, the Chamber came to the conclusion that the Claimant is
entitled to solidarity contribution and that the Respondent should have paid
to the Claimant the solidarity contribution following payment of each
installment of EUR 1,500,000, no later than 30 days after the dates as from
which each installment became due.
12.
In view of the foregoing, the Chamber established that, in accordance with the
breakdown provided for in art. 1 of Annexe 5 of the Regulations, the Claimant
is entitled to receive 5% of 5% of the transfer compensation paid by the
Respondent to C in relation to the transfer of the player Z.
13.
In view of all of the above, the members of the Dispute Resolution Chamber
unanimously concluded that the claim of the Claimant is partially accepted and
that the Respondent has to pay to the Claimant as solidarity contribution the
total amount of EUR 7,500 plus 5% interest p.a. as follows: 5% p.a. on EUR
3,750 as of 1 August 2008 and 5% p.a. on EUR 3,750 as of 31 July 2009, until
the effective date of payment to the Claimant.
14.
Additionally, the Chamber was eager to point out that the solidarity
contribution on the basis of the third installment, which was due on 30 June
2010, is payable until 31 July 2010 (cf. point 9.) and therefore is not due at the
time of passing of the present decision.
15. Finally, the Chamber referred to art. 18 par. 1 of the Procedural Rules,
according to which in the proceedings before the Dispute Resolution Chamber
relating to disputes regarding training compensation costs in the maximum
amount of 25,000 are levied. The costs are to be borne in consideration of the
parties’ degree of success in the proceedings.
16.
In this respect, the Chamber reiterated that the claim of the Claimant is
partially accepted. Therefore, the Respondent has to bear the costs of the
current proceedings in front of FIFA.
17.
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.
18.
The amount in dispute to be taken into consideration in the present
proceedings amounts to EUR 12,150 related to the claim of the Claimant.
Therefore, the Chamber concluded that the maximum amount of costs of the
proceedings corresponds to 5,000 (cf. table in Annexe A).
19.
Considering that the case at hand allowed to be dealt with following a
reasonable procedure, that the present case did not show particular factual
difficulty and that it did not involve specific legal complexity, Chamber
determined the final amount of costs of the current proceedings to the
amount of 3,000.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, L, is partially accepted.
2.
The Respondent, J, has to pay to the Claimant, L, the amount of EUR 7,500 (2 x
EUR 3,750) within 30 days as from the date of notification of this decision.
Within the same time limit, the Respondent, J, shall pay to the Claimant, L,
interest at a rate of 5% per annum on EUR 3,750 as of 1 August 2008, and on
EUR 3,750 as of 31 July 2009.
3.
Any further claim of the Claimant is rejected.
4.
If the aforementioned sum is not paid within the aforementioned deadline,
the present matter shall be submitted upon the party’s request to FIFA’s
Disciplinary Committee so that the necessary disciplinary sanctions may be
imposed.
5.
The Claimant, L, is directed to inform the Respondent, J, 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.
6.
The final amount of costs of the proceeding in the amount of 3,000 are to be
paid by the Respondent, J, within 30 days of notification of the present
decision to FIFA to the following bank account with reference to case
nr.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
*****
Note relating to the motivated decision (legal remedy):
According to article 63 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:
Markus Kattner
Deputy Secretary General
Encl. CAS directives