Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 6 November 2014,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the club,
Club S, from country C
as Claimant
against the club,
Club D, from country U
as Respondent
regarding solidarity contribution in connection with
the international transfer of the player K
I.
Facts of the case
1.
According to the player’s passport issued by the country C Football Federation the
player K (hereinafter: the player), born in January 1988, was registered with the
Club S, from country C (hereinafter: the Claimant), as from 7 February 2007 until 30
June 2007 as a professional.
2.
The football season in country C during the time the player was registered with the
Claimant ran from 1 July until 30 June of the following year.
3.
The Football Federation of country U informed FIFA that the player was registered
with its affiliated club, Club D (hereinafter: the Respondent), on 12 August 2011.
4.
According to the information contained in the Transfer Matching System (TMS), the
Club R, from country E and the Respondent agreed upon the payment of transfer
compensation in the amount of currency of country E 6,000,000, payable “within 14
days of the player being registered with [the Respondent] by the Football
Federation of country U.”
5.
On 6 June 2013, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the transfer of the player from Club R to
the Respondent, requesting 0,19% of the transfer compensation, i.e. the amount of
currency of country E 11,400 plus interest at a rate of 5% p.a.
6.
Despite having been invited by FIFA to provide its position regarding the claim of
the Claimant, the Respondent never provided its response.
II.
Considerations of the DRC judge
1.
First of all, the DRC 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 6 June 2013. Consequently, the DRC judge concluded that the 2012 edition of
the Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber is applicable to the matter at hand (cf. art. 21 of the
2012 and 2014 edition of the Procedural Rules).
2.
Subsequently, the DRC 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.
Solidarity contribution in connection with the player K
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22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2014), 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 DRC 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 (editions 2012 and 2014) and, on
the other hand, to the fact that the present claim was lodged on 6 June 2013 and
that the player was registered with the Respondent on 12 August 2011. In view of
the aforementioned, the DRC judge concluded that the 2010 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 DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In doing so,
the DRC judge started by acknowledging the above-mentioned facts of the case as
well as the documents contained in the file. However, the DRC judge emphasized
that in the following considerations, he will refer only to the facts, arguments and
documentary evidence which he considered pertinent for the assessment of the
matter at hand.
5.
In this respect, the DRC judge noted that the Claimant claimed the payment of the
amount of currency of country G 11,400 as solidarity contribution from the
Respondent, corresponding to 0,19% of the total transfer compensation, plus
interest at a rate of 5% p.a.
6.
In addition to the above, the DRC judge took into account that according to the
information contained in the TMS, the Club R and the Respondent agreed upon a
transfer compensation of currency of country E 6,000,000, payable “within 14 days
of the Player being registered with [the Respondent] by the Football Federation of
country U.”.
7.
Furthermore, the DRC judge noted that the Respondent never took position in the
specific matter relating to the claim of the Claimant, although having been invited
to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the
Respondent renounced to its right to defence and therefore accepted the
allegations of the Claimant.
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8.
As a consequence of the aforementioned consideration, the DRC judge established
that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall pass a decision
upon the basis of the documents already on file i.e. upon the statements and
documents presented by the Claimant as well as upon the information contained in
the TMS.
9.
Having established the above, the DRC 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 club(s) involved in the training and education of the player between the seasons
of his 12th and 23rd birthday.
10.
In this respect, the DRC judge recalled that the country C Football Federation had
confirmed that the player, born on 5 January 1988, was registered with the
Claimant as from 7 February 2007 until 30 June 2007 as a professional.
11.
On account of the above and in accordance with art. 1 of Annexe 5 of the
Regulations, the DRC judge considered that the Claimant is, thus, entitled to receive
solidarity contribution for the period as from 7 February 2007 until 30 June 2007,
i.e. for 5 months of the season of the player’s 19th birthday.
12.
In view of the foregoing and taking into account the amount of the transfer
compensation as well as the percentage requested by the Claimant in its statement
of the claim, the DRC judge held that the Respondent is liable to pay the amount of
currency of country E 11,400 to the Claimant as solidarity contribution in relation to
the transfer of the player from Club R to the Respondent.
13.
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 DRC 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 currency of country E 11,400 as of date
when the claim of the Claimant was lodged in front of FIFA, i.e. as of 6 June 2013
until the date of effective payment.
14.
Lastly, 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, in proceedings
before the DRC, including the DRC judge, relating to disputes regarding training
compensation and the solidarity mechanism, costs in the maximum amount of
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currency of country H 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).
15.
In respect of the above, and taking into account that the claim of the Claimant has
been accepted, the DRC judge concluded that the costs of the current proceedings
in front of FIFA are to be borne by the Respondent.
16.
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.
17.
On that basis, the DRC judge held that the amount to be taken into consideration in
the present proceedings is currency of country E 11,400 related to the claim of the
Claimant. Consequently, the DRC judge concluded that the maximum amount of
costs of the proceedings corresponds to currency of country H 5,000 (cf. table in
Annexe A).
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club S, is accepted.
2.
The Respondent, Club D, has to pay to the Claimant, Club S, within 30 days as
from the date of notification of this decision, the amount of currency of country E
11,400 plus 5% interest p.a. on said amount as of 6 June 2013 until the day of
effective payment.
3.
If the aforementioned amount plus interest is not paid within the stated time limit,
the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for consideration and a formal decision.
4.
The final costs of the proceedings in the amount of currency of country H 5,000 are
to be paid by the Respondent, Club D, 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 no. :
5.
The Claimant, Club S, is directed to inform the Respondent, Club D, immediately and
directly of the account number to which the remittance under point 2. is to be
made and to notify the DRC judge of every payment received.
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*****
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:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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