Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 2 November 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
John Didulica (Australia), member
Gerardo Movilla (Spain), member
Mohamed Mecherara (Algeria), member
Essa M. Saleh Al Housani (United Arab Emirates), member
on the claim presented by
Club A
as Claimant
against
Club B
as Respondent
regarding a solidarity contribution dispute related
to the transfer of the player C
I.
Facts of the case
1.
The player C was born on November 1979.
2.
As confirmed by the Football Association of Club A, the player was registered for
the Claimant, Club B, from 20 July 2000 until 2 July 2002.
3.
According to the Claimant, the player C has been loaned from the Club D, a Club
from the same country as Club A, to the Club B on 31 January 2006.
4.
On 14 November 2006, Club A contacted FIFA and lodged a claim against Club B
for the payment of solidarity contribution in the amount of EUR 486.64.
5.
The Claimant stated that a transfer sum of EUR 50,000 had been agreed upon in
connection with the above-mentioned transfer.
6.
Furthermore, the Club A explained that the Club B never responded to its for
solidarity contribution.
7.
FIFA subsequently contacted the Club B via its Federation on three occasions,
inviting it to proceed with the payment of the allegedly outstanding solidarity
contribution to the Club A or to present valid reasons possibly justifying nonpayment. The relevant letter remained unanswered.
8.
In view of the above, Club A requests that Club B has to be ordered to proceed
with the proportional payment of 5% solidarity contribution relating to the
compensation allegedly paid by Club B for the transfer of the player C. As a result,
Club A claims the amount of EUR 486.64.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analyzed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 para. 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 14 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 on the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 para. 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 version of the Regulations
for the Status and Transfer of Players. In accordance with art. 24 para. 1 in
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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 Club a in connection with the transfer of the
professional player C from Club D to Club B.
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 para. 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 Player C had
been registered with Club B on 31 January 2006. Equally, the Chamber took note
that the claim was lodged at FIFA on 14 November 2006. In view of the
aforementioned, the Chamber concluded that the edition 2005 of the FIFA
Regulations for the Status and Transfer of Players (hereinafter: the Regulations)
are applicable on the case at hand as to the substance.
5.
Entering into the substance of the matter, the Dispute Resolution Chamber first of
all recapitulated that, pursuant to art. 21 of the Regulations and art. 1 para. 1 of
Annex 5 of the Regulations, if a professional is transferred before the expiry of his
contract, 5% of any compensation, with the exception of training compensation,
paid to his former club shall be deducted from the total amount of this
compensation and distributed by the new club as a solidarity contribution to the
club(s) involved in his training and education over the years. Furthermore, the
Chamber recalled that the solidarity contribution will reflect the number of years
(calculated pro rata if less than one year) he was registered with the relevant
club(s) between the seasons of his 12th and 23rd birthdays. The Chamber also
recapitulated that, pursuant to art. 10 para.1 of the Regulations, the loan is
subject to the same rules regarding the solidarity mechanism.
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6.
In continuation, the members of the Chamber acknowledged that, on the one
hand, Club A claimed solidarity contribution for the training of the player during
the seasons of his 21th and 22th birthday, amounting to EUR 486.64.
7.
Furthermore, with respect to the allegations of the Claimant, according to which it
did not receive the payment of the proportion of 5% of the compensation paid to
the player’s previous club, the Dispute Resolution Chamber stated that the
Respondent had failed to provide FIFA with any statements with regard the
Claimant’s complaint and had therewith renounced to its right to defence. The
members of the Dispute Resolution Chamber concluded that the Respondent
accepts the Claimant’s allegation that he had not received the payment of the
solidarity contribution.
8.
Subsequently, the members of the Chamber took due note that the contracting
parties, Club D and Club B had agreed on a transfer compensation of EUR 50,000.
9.
On account of the above, and taking into consideration art. 21 of the Regulations
and art. 1 of Annex 5 of the Regulations, the Dispute Resolution Chamber decided
that the Respondent was indeed liable to pay solidarity contribution to Club A for
the training and education of the player C during his period of registration with
the aforementioned Club A, thus from 20 July 2000 until 2 July 2002.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, the Club A, is accepted.
2.
The Respondent, the Club B , has to pay solidarity contribution in the amount of
EUR 486.64 to Club A within 30 days as of the date of notification of the present
decision.
3.
In the event that the amount due is not paid within the indicated deadline, the
present matter shall be submitted to FIFA’s Disciplinary Committee for its
consideration and decision.
4.
The Claimant, the Club A, is instructed to inform the Respondent, the Club B,
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.
6.
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
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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:
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
On behalf of the
Dispute Resolution Chamber:
Jérôme Valcke
General Secretary
Encl.
CAS directives
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