Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 November 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Michele Colucci (Italy), member
Rinaldo Martorelli (Brazil), member
Mario Gallavotti (Italy), member
Zola Malvern Percival Majavu (South Africa), member
on the claim presented by the club
Club A, X,
as Claimant
against the club
Club B, Y
as Respondent
regarding a solidarity mechanism dispute
in connection with the transfer of the player C.
I.
Facts of the case
1.
The player C (hereinafter: the player) was born on 16 June 1980.
2.
According to the player passport drafted by the X Football Federation (XFF),
the player was registered with the X club A (hereinafter: the Claimant) from 24
February 1997 to 30 June 2004. According to the XFF, the relevant football
seasons (1997-98 to 2002-03) began on 1 July and ended on 30 June.
3.
The Y Football Federation (hereinafter: YFF) confirmed that the player was
registered for its affiliated club B (hereinafter: the Respondent) on 15 March
2006.
4.
On 13 November 2006, the Claimant contacted FIFA to claim a solidarity
contribution from the Respondent for the transfer of the player from X club Z
to the Respondent.
5.
The Claimant noted that the Respondent had paid Z transfer compensation
amounting to EUR 5,000,000.
6.
The Claimant alleges that it is entitled to solidarity contribution for the period
from 24 February 1997 to 16 June 2003, and claims that this equals to 62.87%
of 5% of the transfer compensation, or a total of EUR 157,175. In addition, the
Claimant demands interest of 5% per year, starting on 30 September 2006, as
well as to be awarded its legal expenses.
7.
The Respondent is not contesting that the Claimant is entitled to a solidarity
contribution, but the Respondent is requesting that the Dispute Resolution
Chamber calculate the exact amount due. The Respondent is claiming that it
has received inconsistent information from the Claimant regarding the length
of time that the player was registered for the club.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution 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
13 November 2006, as a consequence the Chamber concluded that the revised
Rules Governing Procedures (edition 2005) on matters pending before the
decision making bodies of FIFA are applicable to the matter at hand.
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the 2005 edition of the
Regulations for the Status and Transfer of Players. In accordance with art. 24
par. 1 in connection with art. 22 (d) of the aforementioned Regulations, the
Dispute Resolution Chamber shall adjudicate on disputes between two clubs
belonging to different Associations related to solidarity mechanism.
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 Claimant in connection with the transfer of the
professional player during the course of a contract.
4.
Subsequently, the members of the Chamber analysed 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 on 15 March 2006. Equally the Chamber took note
that the claim was lodged at FIFA on 13 November 2006. In view of the
aforementioned, the Chamber concluded that the 2005 edition of the
Regulations for the Status and Transfer of Players (hereinafter: the Regulations)
are applicable to 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, on the one hand, on the basis of
the transfer of the player from club Z to the Respondent, the Claimant asserts
being entitled to receive 62.87% of 5% of the transfer compensation, or a total
of EUR 157,175. Furthermore, the Claimant demands interest of 5% per year as
from 30 September 2006.
6.
In this respect, the Chamber referred to art. 21 and Annex 5 of the Regulations
according to which the new club of the player is to distribute 5% of any
compensation, with the exception of training compensation, paid to the former
club to the club(s) involved in the training and education of the player in
proportion to the number of years the player has been registered with the
relevant clubs between the sporting seasons of his 12th and 23rd birthdays.
7.
On the other hand, the Chamber noted that the Respondent never contested
the entitlement of the Claimant to solidarity contribution on the basis of a
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
transfer compensation of EUR 5,000,000. In fact, the Respondent is requesting
that the Dispute Resolution Chamber calculate the exact amount due pointing
out that it has received inconsistent information from the Claimant regarding
the length of time that the player was registered for the club.
8.
On account of the above, the Chamber stated that it could directly proceed to
the calculation of the relevant solidarity contribution, which is due by the
Respondent to the Claimant in accordance with art. 21 and Annex 5 of the
Regulations, based on the facts and evidences provided by the Claimant and
the associations concerned.
9.
In the present case, the Chamber recalled that according to the player passport
drafted by the XFF, the player was registered with the Claimant from 24
February 1997 to 30 June 2004. In this respect, the Chamber also acknowledged
that according to the XFF, the relevant football seasons (1997-98 to 2002-03)
began on 1 July and ended on 30 June. Equally, the Chamber referred to art. 1
of Annex 5 of the Regulations, which provides the figures for the distribution
of the solidarity contribution.
10.
Furthermore, the Chamber recalled that according to the undisputed allegation
of the Claimant, the transfer compensation agreed upon between the
Respondent and club Z for the transfer of the player amounts to EUR 5,000,000.
11.
In this respect, the Chamber took note that the Claimant asked for 62.87% of
5% of the transfer compensation paid in relation with the transfer of the
player to the Respondent, amounting to EUR 157,175.
12.
Based on all of the above, the Dispute Resolution Chamber concluded that the
Claimant is entitled to receive the claimed sum of EUR 157,175 from the
Respondent.
13.
The Chamber pointed out that according to art. 2 par. 1 of Annex 5 of the
Regulations solidarity contribution is payable by the new club no later than 30
days after the player’s registration.
14.
Continuing, taking into account the Claimant’s claim pertaining to interest of
5% per annum over the amount due as solidarity contribution as from 30
September 2006, the Chamber decided that the Respondent has to pay to the
Claimant interest of 5% per annum over the amount due as of 30 September
2006 until the effective date of payment.
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
15.
Finally, with respect to the Claimant’s request to be awarded his legal expenses,
the Chamber decided to reject the relevant request in conformity with its
longstanding practice and on the basis of art. 15 par. 3 of the Rules governing
the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber.
* * * * *
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, club A, is accepted.
2.
The Respondent, club B, has to pay the amount of EUR 157,175 plus interest at
the rate of 5% per annum applicable as from 30 September 2006 until the
effective date of payment to the Claimant, club A, within 30 days as from the
date of notification of this decision.
3.
If the aforementioned sum plus interest are not paid within the
aforementioned deadline the present matter shall be submitted to FIFA’s
Disciplinary Committee for its consideration and decision.
4.
The Claimant is directed to inform the Respondent directly and immediately of
the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
5.
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
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
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:
__________________________________
Markus Kattner
Deputy General Secretary
Encl. CAS directives
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)