Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 9 November 2004,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), member
Philippe Piat (France), member
on the claim presented by
Club M.
as Claimant
against
Club T.
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to the
player K.
./…
Facts of the case:
-
In January 2003 the club P. and the club T. concluded an agreement for the transfer of the
federative rights to the player K.
-
According to the club M., the player K., born on 13 August 1975, was registered for it for
2 seasons, from August 1997 to April 1999, between the ages of 22 and 24.
-
The club M. claims the 5% payment established in art. 25 of the FIFA Regulations for the
Status and Transfer of Players regarding the contribution to the solidarity mechanism
related to the transfer of the federative rights to the player K. from the club P. to the club
T.
-
According to the aforementioned Regulations, the new club concerned is to distribute 5%
of this compensatory amount to the club(s) where the player has played between the
ages of 12 and 23, in the present case thus between 1987 and 1998.
-
The amount to be paid by the club T. for the transfer of the federative rights to the player
K., is USD 2’300’000.
-
The club M. asks the Dispute Resolution Chamber to take into account both the seasons
in which the player K. was registered for it and, on that basis, to sentence the club T. to
start with the distribution of the solidarity contribution of 5% related to the transfer of
the federative rights to the player K. as well as to take all the disciplinary measures that
the Chamber may deem appropriate against the aforementioned club.
-
Contrary to the confirmation from the association with which the club M. is affiliated,
which was presented by the claiming club, the club T. maintains that in 1997 the player
K. moved from the club M. to the club N., affiliated to the same association, and from
there to the club S., which is affiliated to another association, for the 1997/1998 season.
Consequently, during that period of time, he was not registered with the club M. and the
latter is not entitled to ask for solidarity contribution.
-
Furthermore, the club T. maintains that the transfer agreement concluded between the
club T. and the club P. was not yet executed. Apparently, the player K. claims his
percentage of the transfer compensation in accordance with the Brazilian regulations
from his former club. The club T. is of the opinion that as long as the relevant matter has
not been cleared, no solidarity contribution should be paid.
-
On 22 July 2004 the Dispute Resolution Chamber already dealt with this case. However, it
deem that it was not in a position to take a decision before having the crucial question
regarding the club with witch the player K. was registered during the 1997/1998 season
fully elucidated. As a result, it temporarily suspended the decision and returned the
matter to the FIFA administration with the request to obtain from the association
concerned clarification with regard to the registration of the player K. during the
1997/1998 season.
-
On 16 August 2004 the association in question confirmed that according to its records
the player K. was never registered for any of its affiliated clubs. In particular, he was not
registered for the club S. during the 1997/1998 season.
Solidarity Contribution for the player K.
(Club M. / Club T.)
Page 2 of 5
Considerations of the Dispute Resolution Chamber
The members of the Dispute Resolution Chamber were summoned to pass a decision on this
matter by the Chairman pursuant to art. 1 point 6) of the Rules Governing the Practice and
Procedures of the Dispute Resolution Chamber.
The deciding body commenced its deliberations by referring to art. 25 of the FIFA Regulations
for the Status and Transfer of Players (hereinafter: the Regulations), according to which it
falls within the purview of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution. Consequently, the Chamber established that it
was competent to deal with the present litigation.
In continuation, the Chamber entered into the substance of the matter and confirmed the
following points of the deliberations of the meeting of 22 July 2004.
In particular, the deciding body indicated that the principle of the solidarity mechanism is
governed by art. 25 of the Regulations as well as art. 10 and 11 of the Regulations governing
the Application of the Regulations for the Status and Transfer of Players (hereinafter: the
Application Regulations). According to art. 25 par. 1 of the Regulations, whenever a nonamateur player moves during the course of an employment contract, a proportion of 5% of
any compensation paid to the previous club will be distributed to the club(s) involved in the
training and education of the player between the ages of 12 and 23. Moreover, art. 11 par. 1
of the Application Regulations states that the new club concerned is to distribute the
relevant proportion to the club(s) involved in the formation of the player.
The Chamber deemed it appropriate to emphasise that, contrary to what the club T. appears
to claim, the present affair concerns the possible payment of solidarity contribution and not
of training compensation. The complaint filed by the club M. unmistakeably refers to the
solidarity mechanism. For the sake of good order, the deciding body made it clear that, in
view of the player’s age at the time of his move to the club T., i.e. older than 23, the club T.
was right in claiming that no training compensation is due. However, as indicated, that is not
the substance of the claim submitted by the club M.
In the case at hand, the Dispute Resolution Chamber outlined that the training period to be
taken into consideration started with the sporting season 1997/1998, when the player K.
was 22, until the end of the said season, when the player concerned reached the age of 23.
The 1998/1999 season could in any case not be taken into account, because the solidarity
contribution is due only to clubs, which offered the player training and education up to the
age of 23 (cf. art. 25 par. 1 of the Regulations and art. 10 of the Application Regulations).
With regard to the distribution of the 5% solidarity contribution, the Chamber explained that
this contribution needed to be distributed in accordance with the number of years the player
was registered with and effectively trained at and educated by the relevant club(s) between
the ages of 12 and 23 (cf. art. 25 par. 1 of the Regulations). Furthermore, art. 10 of the
Application Regulations provides the key for the distribution of the solidarity contribution.
The Dispute Resolution Chamber duly considered the information received from the
association concerned and acknowledged that, contrary to the allegations of the club T., the
player K. had not been registered for the club S. during the 1997/1998 season. Furthermore,
it referred to the confirmation remitted by the association of the club M. and established
that, in respect to the formation of the player K. the latter had been registered with, and
Solidarity Contribution for the player K.
(Club M. / Club T.)
Page 3 of 5
consequently trained and educated by the club M. during the 1997/1998 season, thus
between the ages of 22 and 23. Therefore, the claiming club M. is entitled to receive 10% of
the 5% proportion related to the transfer of the federative rights to the player K. from the
club P. to the club T.
In view of the fact that the club T. did not contest the amount of compensation for the
federative rights to the player K. which the club M. claims had to by paid by the club T. to the
club P., the Chamber ascertained that the amount to be paid by the club T. for the relevant
transfer is USD 2’300’000.
With regard to the club T’s allegation that no solidarity contribution has to be paid before the
dispute between the player K. and the club P. is settled, the deciding body emphasised that
the relevant matter only concerns the two parties to the litigation and does not affect neither
the position of the club M. nor the one of club T. In particular, the outcome of the
aforementioned dispute will not anyhow influence the amount of compensation, which had
to be paid by the club T. for the federative rights to the player K. Therefore, the Chamber
concluded that the argumentation of the club T. cannot be backed.
On account of all the above, the Dispute Resolution Chamber decided that the club T. must
pay to the club M. 10% of the 5% proportion of the transfer compensation, i.e. USD 11’500.
Finally, the deciding body referred to art. 11 par. 1 of the Application Regulations and
stressed that the amount due as a solidarity contribution to the training clubs shall be paid
at the latest within 30 days of the player’s registration.
In view of the fact that the payment of the solidarity contribution has been due since
February 2003, the Chamber established that a default interest payment of 5% p.a. must be
applied.
Solidarity Contribution for the player K.
(Club M. / Club T.)
Page 4 of 5
Decision of the Dispute Resolution Chamber
1.
The claim of the club M. is partially accepted.
2.
The club T. has to pay the amount of USD 11’500 to the club M.
3.
On the aforementioned amount a default interest payment of 5% p.a. as from 1 March
2003 until the day of the payment is applied.
4.
The amount due to the club M. has to be paid by the club T. within 30 days as from the
date of notification of the present decision.
5.
If the relevant sum is not paid within the aforementioned deadline, the present matter
shall be submitted to the Disciplinary Committee of FIFA, so that the necessary
disciplinary sanctions may be imposed.
6.
According to art. 60 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 10 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:
Avenue de l’Elysée 28
1006 Lausanne
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:
Urs Linsi
General Secretary
Encl.
Solidarity Contribution for the player K.
(Club M. / Club T.)
Page 5 of 5