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), President
Ivan Gazidis (USA), Member
Jean-Marie Philips (Belgium), Member
Mick McGuire (England), Member
Philippe Piat (France), Member
on the claim presented by
the club X
as Claimant
against
the club Y
as Respondent
regarding the solidarity contribution related to the transfer of the player Z
I.
Facts of the case
1. The player Z, born on 1 November 1984, was registered for the club X from September
1996 to February 1999, from the age of 12 to the age of 14.
2. In March 2004, an agreement for the transfer of the player Z from club A to club Y is
concluded.
3. The club X claims the 5 % payment established in Article 25 of the FIFA Regulations for
the Status and Transfer of Players (edition September 2001) regarding the contribution
to the solidarity mechanism related to the transfer of the player Z from the club X to
the club Y.
4. 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 age of 12 and 23. In the present case, between 1996 and 1999.
5. The amount paid by Y for the transfer of the player Z is of USD 1,852,500.
6. The club X asks the Dispute Resolution Chamber to sentence Y to start with the
distribution of proportion of 5% of the transfer fee paid to A for the transfer of the
player Z.
7. Y maintain in their position that they paid 100% of the transfer amount to A.
Therefore, X should claim its proportion of solidarity contribution from A.
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 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 the club X.
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
emphasised that, as further established in Article 25 of the aforementioned regulations,
the new club to which a player is transferred during the course of an employment
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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 been 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. Furthermore, taking into account the fact that the player Z was born on
1 November 1984 and registered for the club X from September 1996 to February 1999,
from the age of 12 to the age of 14, 15% of 5% of the solidarity contribution shall be
apportioned to this club
7. In view of the fact that the amount paid by Y for the transfer of the player Z is USD
1,852,500, 15% of the 5% solidarity contribution amounts to USD 13,893.
8. In light of the above, the Chamber decided that Y is liable to pay the amount of USD
13,893 to X.
9. On the other hand, the Chamber focussed its attention on Y‘s position, whereby, due to
the fact that they paid 100% of the transfer amount to A, X should claim its proportion
of solidarity contribution from.
10. In this respect, the Chamber referred to its well-established jurisprudence in similar
cases, following which the player’s new club is ordered to remit the 5% solidarity
contribution to the club(s) involved in the player’s training in strict application of art. 11
of the Regulations governing the Application of the Regulations for the Status and
Transfer of Players (edition 2001).
11. Moreover, and in applying the said jurisprudence, the Chamber underlined that the
Respondent, in turn, will have the right to claim the reimbursement of the 5% relating
to solidarity mechanism from the player’s former club.
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III.
Decision of the Dispute Resolution Chamber
1. The claim of the club X is accepted.
2. The Respondent, Y has to pay the amount of USD 13,893 to the Claimant, X.
3. The amount due to X has to be paid by Y within 30 days as from the date of
notification of this decision.
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 be submitted to the FIFA Disciplinary
Committee.
5. The Claimant is directed to immediately inform the Respondent 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
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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