Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 24 November 2011,
in the following composition:
Geoff Thompson (England), Chairman
Carlos Soto (Chile), member
Takuya Yamazaki (Japan), member
Theodoros Giannikos (Greece), member
Guillermo Saltos Guale (Ecuador), member
on the claim presented by the club
X,
as Claimant
against the club
FC S,
as Respondent
regarding the solidarity contribution related to the
transfer of the player A
I.
Facts of the case
1.
The Football Federation I (FFI) confirmed that the player A (hereinafter: the player),
born 11 November 1983, was registered with its affiliated club, X (hereinafter: the
Claimant) as from 4 November 1997 until 7 February 2002 as an amateur.
2.
Furthermore, the Football Federation I provided FIFA with a confirmation dated 2 March
2009 stating that the Claimant is an affiliated club of the Football Federation I.
3.
The sporting season in country I runs from 1 December until 30 November of the
following year.
4.
The player was registered with the club, FC S (hereinafter: the Respondent), on 31
August 2007.
5.
On 4 October 2007, the Claimant contacted FIFA claiming its proportion of the solidarity
contribution in connection with the transfer of the player from the club, Z, to the
Respondent.
6.
In particular, the Claimant requested 35% of the 5% solidarity contribution of the total
transfer compensation of EUR 12,000,000, i.e. EUR 210,000.
7.
In its position, the Respondent rejected the claim arguing that it could be time-barred.
Furthermore, it questioned that the Claimant fulfilled the requirements for the
recognition by FIFA during the period when the player was registered with the
Claimant. Nevertheless, the Respondent confirmed that the transfer compensation
amounted to EUR 12,000,000.
8.
Moreover, the Respondent stated that according to the documents received, the player
was apparently registered with the Claimant as from 9 September 1999 until
8 February 2002. Taking into account the scope of the FIFA Regulations on the Status
and Transfer of Players, the Respondent concluded that the Claimant should be entitled
to receive solidarity contribution for the seasons 1999/00 and 2000/01 only, i.e.
EUR 120,000 corresponding to 1%.
9.
Finally, the Respondent agreed to pay the amount of EUR 120,000 to the Claimant as
soon as the latter’s right to the application of solidarity mechanism was sufficiently
accredited.
10.
Due to different player passports issued by the Football Federation I, the FIFA
Administration asked the Football Federation I to clarify the exact registration dates of
the player with the Claimant.
11.
In its response, the Football Federation I informed about the registration dates of the
player (cf. point 1 above). In particular, the Football Federation I confirmed also the
registration of the player with the Claimant between 4 November 1997 and 8
September 1999.
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12.
However, the Respondent had still doubts with regard to the player’s football career. In
this respect, it underlined that the confirmation issued by the Football Federation I on
30 August 2004 clearly indicated that the player was registered with the Claimant as of
9 September 1999 until 8 February 2002. Therefore, the Respondent reiterated that the
Claimant should receive solidarity contribution for the seasons 1999/2000 and 2000/01,
i.e. the amount of EUR 120,000.
13.
Moreover, the Respondent stated that if FIFA approved that the Claimant fulfills the
requirements of an educational center and consequently, is allowed to receive solidarity
contribution, the Respondent would permit the payment of EUR 120,000.
14.
In its reply, the Claimant maintained its position but amended the amount claimed to
EUR 223,316 plus 5% interest per year as from the 31st day after the player’s registration
with the Respondent, i.e. as from 30 September 2007. In case the considered
registration period of the player would be between 9 September 1999 and 7 February
2002, the Claimant requested the amount of EUR 144,659 plus interest.
15.
In its rejoinder, the Respondent reiterated its previous comments.
*****
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC)
analysed whether it was competent to deal with the matter at stake. In this respect,
it referred to art. 18 of the Rules Governing Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2005) in conjunction with
art. 21 par. 2 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 4 October 2007, as a consequence, 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.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the Procedural Rules
states that the Dispute Resolution Chamber shall examine its jurisdiction in the light
of articles 22 to 24 of the Regulations on the Status and Transfer of Players (edition
2010). In accordance with art. 1 par. 1 of the aforementioned Regulations, which
describes the scope and the field of application of the relevant Regulations, in
connection with article 24 par. 1 and 22 d) of said Regulations, the Dispute
Resolution Chamber shall adjudicate on disputes relating to the solidarity
mechanism between club belonging to different associations in connection with the
international transfer of a professional player.
3.
In this context, the DRC referred to the confirmation of the Football Federation I
according to which the Claimant is an affiliated club of the latter federation.
4.
As a consequence, the Chamber is 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.
5.
Furthermore, and taking into consideration that the player was registered for his new
club on 31 August 2007, the DRC 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, it confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations
on the Status and Transfer of Players (editions 2010, 2009 and 2008) and considering
that the present claim was lodged in front of FIFA on 4 October 2007, the 2005 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.
6.
In continuation, the Chamber duly noted that the Respondent was of the opinion
that the present claim should be viewed as time-barred, since the player was
registered in August 2007 with the Respondent, whereas the claim was received by
the Respondent on 10 May 2010.
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7.
In view of the above, the Chamber deemed fundamental to underline that in order
to determine whether it could hear the present case, it should, first and foremost,
establish which is “the event giving rise to the dispute”, i.e. which is the starting
point of the time period of two years set out under art. 25 par. 5 of the Regulations.
In this respect, the Chamber referred to art. 2 par. 1 of Annex 5 of the Regulations,
which stipulates that “the New Club shall pay the solidarity contribution to the
training club(s) […] no later than 30 days after the player’s registration or, in case of
contingent payments, 30 days after the date of such payments”.
8.
Reverting to the facts of the present case, the Chamber emphasized that the player
was registered for the Respondent on 31 August 2007.
9.
On account of the foregoing, and bearing in mind, in particular, that the documents
at hand do not contain any indication that the transfer compensation was paid in
contingent payments, the Chamber unanimously decided that the event giving rise
to the dispute, regarding the payment of solidarity contribution occurred 30 days
after the player’s registration with the Respondent.
10.
Therefore, the members of the Chamber came to the firm conclusion that, in casu,
and, in accordance with art. 2 par. 1 of Annex 5 of the Regulations, the payment of
contribution fell due on 30 September 2007, i.e. 30 days after the registration of the
player within the Football Association R (FAR), and that this latter date was the
starting point of the time period of two years set out under art. 25 par. 5 of the
Regulations. Equally, the Chamber held that the time period of two years had
elapsed, in casu, on 30 September 2009.
11.
As a consequence, the Chamber concluded that less than two years had elapsed
between the event giving rise to the dispute, i.e. the due date of payment of the
solidarity contribution, which was on 30 September 2007, and the submission of the
present claim to FIFA by the Claimant on 4 October 2007, and therefore, that the
claim of the Claimant for solidarity contribution can be heard by the Dispute
Resolution Chamber.
12.
In continuation, and entering into the substance of the matter, the members of the
Chamber started by acknowledging that the Claimant is requesting the payment of
EUR 223,316 plus 5% interest per year as from the 31st day after the player’s registration
with the Respondent based on a transfer amount of EUR 12,000,000 paid by the
Respondent to the club, Z, in connection with the international transfer of the player.
13.
Equally, the DRC took note that according to the Football Association R and the
Respondent’s position, the player was transferred to FC S on 31 August 2007 for the
amount of EUR 12,000,000.
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14.
In continuation, the members of the Chamber 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
(calculated pro rata if less than one year) the player has been registered with the
relevant clubs between the sporting seasons of his 12th and 23rd birthday.
15.
In this respect, the Chamber turned its attention to the several different player
passports issued by the Football Federation I, as well as to the Respondent’s statement,
according to which the Claimant should be entitled to receive solidarity contribution
only for the period between 9 September 1999 and 8 February 2002.
16.
In this regard, the DRC took into consideration that, upon request of the FIFA
Administration, the Football Federation I had clarified the player’s registration dates
within country I, confirming that the player, born on 11 November 1983, was registered
with the Claimant from 4 November 1997 until 7 February 2002. Consequently, the
members of the Chamber observed that the Football Federation I had explicitly
confirmed the registration between 4 November 1997 and 9 September 1999.
17.
Furthermore, the Chamber recalled that the season in country I lasts from 1 December
until 30 November of the following year.
18.
In continuation, the Dispute Resolution Chamber took note that the Respondent
assumed a registration period of the player between 9 September 1999 and 8 February
2002 and that it argued that the Claimant should receive solidarity contribution only for
the seasons 1999/2000 and 2000/01, i.e. the seasons which the player had completely
spent with the Claimant.
19.
Consequently, the Chamber concluded that the calculation of the solidarity contribution
in the case at hand is to be made on a pro rata basis (cf. art. 1 of Annex 5 of the
Regulations) regarding the seasons of the player’s 14th and 19th birthday. Therefore, the
Chamber concluded that the Claimant is entitled to receive EUR 222,420 as solidarity
contribution from the transfer compensation paid for the transfer of the player.
20.
In light of the above and considering that the Claimant requests 5% interest per year as
from the 31st day after the player’s registration with the Respondent, the Chamber
referred to art. 2 par. 1 of Annex 5 of the Regulations, which stipulates that solidarity
contribution shall be paid no later than 30 days after the player’s registration with the
new club.
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21.
Moreover, the Chamber took also into consideration that the Football Federation I had
issued several different player passports and as a consequence, the members deemed it
appropriate to grant interest only as from 1 August 2010, i.e. 30 days after the
transmission of the Football Federations I’s latest confirmation to the Respondent.
22.
In view of all the above, the DRC decided that the Respondent has to pay to the
Claimant the amount of EUR 222,420 as solidarity contribution plus default interest of
5% p.a. as from 1 August 2010 until the effective date of payment.
*****
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club X, is partially accepted.
2.
The Respondent, FC S, has to pay to the Claimant, Club X, within 30 days as from the
date of notification of this decision, the amount of EUR 222,420 as well as 5% interest
per annum on said amount as from 1 August 2010 until the date of effective payment.
3.
If the aforementioned sum is not paid within the above-mentioned deadline, the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for its
consideration and a formal decision.
4.
The Claimant, Club X, is directed to inform the Respondent, FC S, 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.
5.
Any further requests lodged by the Claimant, Club X, are rejected.
*****
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Note relating to the motivated decision (legal remedy):
According to art. 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
Jérôme Valcke
Secretary General
Encl.: CAS directives
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