Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 November 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Paulo Rogerio Amoretty Souza (Brazil), member
Ivan Gazidis (USA), member
Carlos Soto (Chile), member
John Didulica (Australia), member
on an matter between
B FC, X,
represented by Lawyers
and
L, XX,
and
S, XXX,
as Intervening party,
regarding the solidarity contribution related to the transfer of the player,
B
I.
Facts of the case
1.
The player B, born on 18 December 1980.
2.
The Football Association of X submitted to FIFA the relevant player passport by
means of which the player B was registered with B FC in three opportunities, i.e.
1)from 1990 until 9 October 1997; 2)from 12 March 1998 until 31 July 2000 and 3)
currently as from 18 January 2006.
3.
The player was transferred from the XXX club S to the XX club L on 14 January
2003 for the amount of YYY 300,000.
4.
The X club lodged the present complaint at FIFA on 11 June 2004 claiming its
proportion of the solidarity contribution.
5.
The XX club L informed FIFA that it paid the total transfer amount to the XXX
club S. Therefore the XX Club is of the opinion that the XXX club has to pay the
relevant solidarity contribution to the club B FC.
6.
In accordance with and after having explained, the well established
jurisprudence of the Dispute Resolution Chamber in similar cases, on 5
September 2005 FIFA asked L to distribute the relevant proportion relating to the
5% solidarity contribution of the transfer compensation to the X club.
Furthermore the club S was invited to reimburse the relevant proportion to L.
7.
FIFA did not receive any reply to its communication dated 5 September 2005
neither from L nor from S.
8.
The XX club L claims that the XXX club S has to pay the solidarity contribution to
the X club.
9.
The X club B FC has still not received the due amount, therefore it requests the
Dispute Resolution Chamber to determine the amount owed by the club L as
solidarity contribution plus a default interest of 5% p.a. as from 14 January 2003.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 11 June 2004,
as a consequence the Chamber concluded that the previous Procedural Rules
(edition 2001) on matters pending before the decision making bodies of FIFA
are applicable on the matter at hand.
Solidarity Contribution for the player B
(B FC, X / L, XX; S, XXX)
2
2.
With regard to the competence of the Chamber, art. 25 par. 2 of the FIFA
Regulations for the Status and Transfer of Players (edition 2001) establishes that,
it falls within the purview of the Dispute Resolution Chamber to review disputes
concerning the distribution of the solidarity contribution.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by the club B FC in connection with the transfer of the
professional B during the course of a contract.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1
and 2 of the Regulations for the Status and Transfer of Players (edition 2005) in
the modified version in accordance with the FIFA circular no. 995 dated 23
September 2005. Furthermore, it acknowledged that the professional had been
registered for his new club in January 2003. Equally the Chamber took note that
the claim was lodged at FIFA on 11 June 2004. In view of the aforementioned,
the Chamber concluded that the former FIFA Regulations for the Status and
Transfer of Players (edition 2001, hereinafter: the Regulations) are applicable on
the case at hand as to the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that the player was registered with B
FC from 1990 until 9 October 1997, from 12 March 1998 until 31 July 2000 and
then again as from 18 January 2006.
6.
The Chamber underlined that as established in art. 25 par. 1 of the Regulations
in connection with art. 11 par. 1 of the Regulations governing the Application of
the Regulations (hereinafter: the Application Regulations), the new club of the
player has to distribute 5% of any compensation paid to the previous club to
the club(s) involved in the training and education of the player in proportion to
the numbers of years that the player has been registered with the relevant clubs
between the ages of 12 and 23.
7.
In the present case, the Chamber outlined that the relevant period to be taken
into account with regard to the solidarity contribution would run from the
season 1993 (12-13 years) until the season 2000 (19-20 years).
8.
In continuation the Chamber duly noted that the player B was transferred in
January 2003 from S to L on a definitive basis. To this end, S and L signed a
transfer agreement in accordance with which the XX club was obliged to pay
to S a transfer compensation to the amount of YYY 300,000.
9.
The Chamber took into account that L, i.e. the player’s new club, rejects the
claim put forward by B FC maintaining that it remitted 100% of the transfer
Solidarity Contribution for the player B
(B FC, X / L, XX; S, XXX)
3
compensation to S. Therefore, L deemed that B FC should thus turn to S in order
to collect the amount relating to its part of the 5 % of the solidarity contribution.
10.
In addition, the Chamber took into account that the intervening party, S did not
take position in the dispute, despite having been asked by FIFA. The members
of the Chamber concluded that in this way the intervening party renounced to
its right to defense and accepts tacitly the allegations of the other parties in the
matter at stake.
11.
Subsequently, the Chamber once more referred to par. 1 of the abovementioned art. 11 of the Application Regulations which clearly states that the
new club shall pay the amount due as a solidarity contribution to the training
clubs.
12.
In addition, the members of the Chamber stressed that FIFA circular letter no.
826 dated 31 October 2002, which deals with the interpretation of the
Regulations states that the 5% solidarity contribution is to be deducted from the
amount payable to the player’s former club.
13.
Furthermore, the deciding body recalled its well established jurisprudence, in
accordance with which, in cases like the one at hand, it was established that
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 the said article 11
of the Application Regulations.
14.
At the same time, the player’s former club is ordered to reimburse the same
proportion(s) of the 5 % of the compensation that it received from the player’s
new club.
15.
In light of all the above, the Chamber concluded that on the basis of its
jurisprudence, it is the responsibility of the new club, i.e. L, to pay the relevant
proportion of the solidarity contribution to the club(s) involved in the player’s
training, i.e. B.
16.
In addition, the Chamber pointed out that based on the above-mentioned
jurisprudence and documents provided by B FC and L during the process of the
present dispute, S is to be held liable for the reimbursement to L of the same
proportion(s) of the solidarity contribution payable by the aforementioned club
to the player’s former training club i.e. B FC.
17.
Having established that the transfer of the player in question was on a definitive
basis and that a transfer compensation was agreed upon between the player’s
former club and new club, the Chamber then turned to the calculation of the
relevant proportion due to B FC on the basis of the period of time that the
player was effectively trained by B FC.
Solidarity Contribution for the player B
(B FC, X / L, XX; S, XXX)
4
18.
In this regard, the Chamber referred to the above point II.7 as well as to the
player passport of B submitted by the Football Association of X. In view of the
foregoing the Chamber established that in accordance with the breakdown
provided for in art. 10 of the Application Regulations, which provides the figures
for the distribution of the solidarity contribution, B FC is entitled to receive 61,6%
of the 5% of the compensation paid in relation to the transfer of the player B
from S to L.
19.
Having ascertained that the amount agreed upon by and between the L and S
for the transfer of the player, B, is YYY 300,000, 61,6 % of the 5% solidarity
contribution amounts to YYY 9,240,00.
20.
Consequently, the Chamber decided that L is liable to pay to B FC the amount
of YYY 9,240.00 as solidarity contribution.
21.
The DRC took into account that the B FC asks for payment of 5% interest p.a.
due to the unjustified delay in payment of the solidarity contribution. In this
sense, the Chamber referred to art. 11 par. 1 of the Application Regulations,
which stipulates that the amount due as a solidarity contribution should be paid
at the latest within 30 days of the player’s registration. Such claim having been
put forward, in addition to the aforementioned amount of YYY 9,240,00 the
Chamber decided that L is liable to pay 5% interest over the said amount as
from the 31st day of the player’s registration at L.
22.
Furthermore, in line with the above, the intervening party, S, is liable to
reimburse to L the aforementioned amount of YYY 9,240,00.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of B FC is accepted.
2.
L has to pay to B the amount of YYY 9,240.00 increased with 5% interest p.a. as
from the 31st day of the player’s registration at L within the next 30 days as from
the date of notification of this decision.
3.
S has to reimburse L the amount of YYY 9,240.00 within the next 30 days as from
the date of notification of this decision.
4.
In the event that the above-mentioned amount is not paid by L to B FC within
the stated deadline, the present matter shall be submitted to FIFA’s Disciplinary
Committee, so that the necessary disciplinary sanctions may be imposed.
5.
In the event that the above-mentioned amount is not reimbursed by S to L
within the stated deadline, an interest rate of 5% per year will apply as from the
31st day of notification of this decision and the present matter shall be submitted
Solidarity Contribution for the player B
(B FC, X / L, XX; S, XXX)
5
to FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions
may be imposed.
6.
B FC is instructed to inform L immediately and directly of the account number to
which the remittance is to be made and to notify the Dispute Resolution
Chamber of every payment received.
7.
L is instructed to inform S immediately and directly of the account number to
which the reimbursement is to be made and to notify the Dispute Resolution
Chamber of every payment received.
8.
According to art. 61 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 Dispute Resolution Chamber:
Urs Linsi
General Secretary
Encl.
CAS directives
Solidarity Contribution for the player B
(B FC, X / L, XX; S, XXX)
6