Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 2 November 2005,
in the following composition:
Slim Aloulou (Tunisia), chairman
Jean-Marie Philips (Belgium), member
Ivan Gazidis (USA), member
Mick Mc Guire (England), member
Philippe Piat (France), member
on the claim presented by
A
as Claimant
against
B
as Respondent
regarding the solidarity contribution related to the transfer of the player C
I.
Facts of the case
1.
Association X informed the FIFA Administration that the player C, born on 22
January 1982, was registered for A from 24 August 2001 until 30 June 2002,
at the ages of 19 and 20.
2.
In January 2005, D and B concluded an agreement for the transfer of the
player C to the latter. The total amount paid by B for the relevant transfer of
C was EUR 3,000,000.
3.
A is presently claiming the implementation of the principles stipulated in
art. 25 of the FIFA Regulations for the Status and Transfer of Players (edition
September 2001; hereinafter: the Regulations) regarding the contribution to
the solidarity mechanism related to the transfer of C to B.
4.
According to the 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.
5.
As a consequence, A is presently claiming the payment of the outstanding
solidarity contribution in the present matter from B. In particular, A is
claiming the payment of EUR 30,000.
6.
B informed the FIFA Administration that the reason why it has still not
distributed the amounts due as solidarity mechanism in the present matter to
A is due to the fact that the information concerning the player’s periods of
registration was not clear enough.
7.
However, and despite having been provided, via the FIFA Administration,
with a document from Association X confirming the period during which C
was registered with A, the amounts claimed by the latter in the present
matter are still outstanding.
8.
Finally, B asserts that, according to the agreement reached with D for the
transfer of the player C, D would be liable to pay 50% of any solidarity
contribution that could be due in connection with such transfer. In this
respect, clause 7 of the relevant transfer agreement between D and B
stipulates that if one of the clubs pays any solidarity contribution in
connection with such transfer, the other one is liable to reimburse 50% of
the amount paid, once having been notified to do so.
II.
Considerations of the Dispute Resolution Chamber
1.
After a careful study of the facts and allegations outlined above, the Dispute
Resolution Chamber commenced its deliberations by referring to Art. 25 of
the FIFA Regulations for the Status and Transfer of Players (edition
2
September 2001), according to which, it falls within the purview of the
Dispute Resolution Chamber to review disputes concerning the distribution
of the solidarity contribution.
2.
Consequently, the Dispute Resolution Chamber established that it was the
competent body to decide on the present litigation concerning the solidarity
contribution claimed by A.
3.
Once its competence was thus established, the Dispute Resolution Chamber
went on to deal with the substance of the case.
4.
The members of the Chamber carefully studied the facts outlined above and
emphasized that, as further established in the Art. 25 of the aforementioned
regulations, the new club to which a player is transferred during the course
of an employment contract with his previous club, is the club responsible for
the distribution of 5% of the compensation to the former club(s) where the
player has trained between the age of 12 and 23.
5.
The Chamber subsequently referred to Art. 10 of the Regulations governing
the Application of the FIFA Regulations, which provides the figures for the
distribution of the solidarity contribution, taking into consideration the time
the player was effectively trained by the club concerned.
6.
Considering that the player C was born on 22 January 1982 and registered
with A from 24 August 2001 until 30 June 2002, at the ages of 19 and 20,
10% of the 5% solidarity contribution shall be apportioned to this club.
7.
As it was ascertained that the amount paid by the Respondent to D for the
transfer of the player C was EUR 3,000,000, 10% of the 5% solidarity
contribution amounts to EUR 15,000.
8.
In light of the above, the Chamber decided that B is liable to pay the amount
of EUR 15,000 to A.
Decision of the Dispute Resolution Chamber
1.
The claim of A is partially accepted.
2.
The Respondent B has to pay the amount of EUR 15,000 to the Claimant A.
3.
The amount due to A has to be paid by B within 30 days as from the date of
notification of the present decision.
3
4.
If the Respondent fails to comply with the above-mentioned deadline, an
interest rate of 5% per year will apply and the case will immediately be
presented to the FIFA Disciplinary Committee.
5.
The Claimant is directed to inform the Respondent immediately of the
account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
6.
According to art. 60 par. 1 of the FIFA Statutes, this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal
must be sent to the CAS directly within 10 days of receiving notification of
this decision and has to contain all elements in accordance with point 2 of the
directives issued by the CAS, copy of which we enclose hereto. Within
another 10 days following the expiry of the time limit for the filing of the
statement of appeal, the appellant shall file with the CAS a brief stating the
facts and legal arguments giving rise to the appeal (cf. point 4 of the
directives). The full address and contact numbers of the CAS are the
following:
Avenue de Beaumont 2
1012 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
Enclosed: CAS directives
4