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 Piat (France), member
Philippe Diallo (France), member
on the claim presented by
X, the Netherlands,
as Claimant
against
Y, Italy
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to the
player Z
./…
Facts of the case:
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In August 2004 the Dutch club X presented FIFA with a claim against the Italian club Y
for 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.
This claim was lodged in relation to the transfer, in July 2004, of the federative rights
of the Dutch professional player Z from S.S. Lazio Roma to Y during the course of his
contract with S.S. Lazio Roma.
The claimant bases its claim on the assertion that Y acquired the player for a sum of
EUR 10’500’000 and that therefore an amount of EUR 525’000, corresponding to 5%
of this sum, should have been distributed among the developing clubs, which
included the club X.
Z had been registered with X from the 1984/1985 until 1990/1991 seasons, for
which this club claims EUR 315’000 (60% of the 5%).
On 10 August 2004 the FIFA Administration informed the claimant that it is not
entitled to any solidarity contribution from the player’s new club. This
communication was based on a decision taken by the Dispute Resolution Chamber at
its meeting held on 22 July 2004, when it had been decided that, since the principle
of solidarity mechanism is not included in par. 2 of the Preamble of the Regulations
for the Status and Transfer of Players, it is not binding at national level and therefore
this principle shall not be applicable to national transfers.
The claimant has nevertheless insisted on having the case heard by the Dispute
Resolution Chamber.
The claimant deems that the solidarity mechanism is applicable to domestic
transfers, stressing in this respect that in the decision of the FIFA Players’ Status
Committee taken on 12 November 2003, the Chairman determined that the solidarity
mechanism applies to domestic transfers in which the claimant club is registered
with another national association than that of the club that is due to pay.
The respondent defends that it is not liable to pay the solidarity contribution to the
claimant as the solidarity mechanism system is exclusively applicable to
international transfers.
Considerations of the Dispute Resolution Chamber
The Dispute Resolution Chamber of the FIFA Players’ Status Committee shall review disputes
coming under its jurisdiction pursuant to Art. 42 of the FIFA Regulations for the Status and
Transfer of Players (hereinafter: the Regulations) at the request of one of the parties to the
dispute.
According to art. 25 of the FIFA Regulations for the Status and Transfer of Players it falls
within the purview of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution.
Distribution of the Solidarity Contribution for the Player Z
(X, F.C., Netherlands / Y, Italy)
Page 2 of 4
Consequently, the Chamber established that it was competent to deal with the present
litigation.
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.
Subsequently, and entering into the substance of the matter, the Chamber acknowledged
that in its previous meeting on 22 July 2004 it had dealt with a case involving very similar
circumstances as those of the present matter. Precisely as in the litigation at hand, a claim
had previously been presented by a club from outside of the Italian territory against an
Italian club, following a transfer of a player from another Italian club. The members of the
Chamber were thus faced with the same question as to whether or not the solidarity
mechanism should apply when a player is transferred internally (between clubs affiliated to
the same national association).
In the aforementioned previous decision the Chamber had noted that the claimant was, inter
alia, basing its argumentation on the contents of the FIFA circular 769. The Chamber then
stressed that the FIFA Regulations for the Status and Transfer of Players must remain the
main source of law when having to judge a dispute, clarifying that circular letters are an
administrative instrument hierarchically subordinated to the FIFA Regulations.
Taking into consideration this principle, the Dispute Resolution Chamber referred to the
contents of the Regulations and, in particular, to their Preamble. Paragraph 1 establishes
that the Regulations deal with the status and eligibility of players, as well as with the rules
applicable whenever players move between clubs belonging to different associations.
The deciding body lent emphasis to the wording of the last part of the aforementioned clause
and concluded that, in fact, the Regulations are not applicable to transfers of the federative
rights to a player between two clubs affiliated to the same association.
Moreover, the Chamber had also pointed out in this meeting on 22 July 2004 that the
principle of the solidarity mechanism is not included in par. 2 of the Preamble of the
Regulations and therefore, it is not binding at national level.
Taking into account that in the case at hand no new elements had been introduced regarding
the facts, the members of the Dispute Resolution Chamber sufficed in unanimously
confirming its recently reviewed jurisprudence that the principle regarding the solidarity
mechanism is not applicable to national transfers, not even in cases where the club claiming
the payment of the contribution is affiliated to another association. Consequently, the same
principles apply in the present case against the respondent Y and the claim of X must be
rejected.
Distribution of the Solidarity Contribution for the Player Z
(X, F.C., Netherlands / Y, Italy)
Page 3 of 4
Decision of the Dispute Resolution Chamber
1.
The claim of the claimant X against the respondent Y, is rejected.
2.
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.
Distribution of the Solidarity Contribution for the Player Z
(X, F.C., Netherlands / Y, Italy)
Page 4 of 4