Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 January 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Joaquim Evangelista (Portugal), member
Ivan Gazidis (USA), member
Reinhard Rauball (Germany), member
in a dispute between the club
X, xxxxx,
as Claimant
against the club
Y, xxxx
as Respondent
regarding a dispute for solidarity contribution in connection with
the international transfer of the player A.
I.
Facts of the case
1.
The Football Association xxxxx confirmed that the player A, born on 12 June 1987,
was registered with its affiliate X, the Claimant, from the season 1997/1998 until
the season 2004/2005.
2.
On 11 October 2006, the Claimant informed FIFA that the player was transferred
from the club W to Y, the Respondent in July 2006.
3.
As a result, the Claimant requests 50% of 5% of the relevant transfer
compensation plus 5% default interest.
4.
FIFA contacted the Respondent several times through the Football Association
xxxxx without however, receiving any answer at all. Nevertheless, the Respondent
remitted a copy of the relevant transfer agreement concluded with the club W,
dated 15 July 2006, according to which the player concerned was transferred for
the amount of EUR 1,000,000 payable in two installments of EUR 500,000 each on
1 August 2006 and 15 July 2007.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the case at hand. In this respect, it took note that the present matter
was submitted to FIFA on 11 October 2006. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 18 par.
2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. (e) of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber is competent 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
between two clubs belonging to different associations.
3.
Furthermore, and taking into consideration that the player was registered with his
new club in July 2006, the Chamber analysed which regulations should be
applicable as to the substance of the matter. In this respect, it confirmed that in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer
of Players (edition 2008), and considering that the present claim was lodged on 11
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October 2006, the previous version of the regulations (edition 2005; hereinafter:
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The members
of the Chamber started by acknowledging that the Claimant is requesting 50% of
5% of the transfer compensation paid by the Respondent to W as solidarity
contribution plus 5% default interest.
5.
Moreover, the Chamber duly noted that the Respondent never took position in
the dispute, although, having been invited to do so by FIFA on several occasions.
Therefore, the Chamber deemed that in this way the Respondent renounced to its
right to defence and accepted the allegations of the Claimant (cf. art. 9 par. 2 of
the Procedural Rules).
6.
Notwithstanding the above, the Chamber took due note of the fact that the
Respondent provided a copy of the relevant transfer agreement concluded with
W. According to the said transfer agreement the player concerned was transferred
for the amount of EUR 1,000,000 payable in two installments of EUR 500,000 each
on 1 August 2006 and 15 July 2007.
7.
In continuation, the members of the Chamber emphasised that, as established in
the art. 21 of the Regulations in connection with Annex 5 of the Regulations, if a
professional moves during the course of a contract, 5% of any compensation, not
including training compensation paid to his former club, shall be deducted from
the total amount of this compensation and is to be distributed by the new club as
solidarity contribution 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 birthday.
8.
In this respect, the Chamber took due note that the Football Association xxxx
confirmed that the player, born on 12 June 1987, was registered with the
Claimant, from the season 1997/1998 until the season 2004/2005.
9.
In view of the above and in accordance with art. 1 of the Annex 5 of the
Regulations, the Claimant is entitled to receive solidarity contribution for the
period as from 1998/1999 (12th birthday) until 2004/2005 (18th birthday).
10.
Turning its attention to the relevant calculation, the Chamber took into account
that according to the relevant transfer agreement dated 15 July 2006 the
Respondent agreed to pay the total amount of EUR 1,000,000 in two installments
of EUR 500,000 each on 1 August 2006 and 15 July 2007.
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11.
As a result, the Chamber concluded that the Claimant is entitled to receive 50% of
5% of the relevant transfer compensation, i.e. the amount of EUR 25,000 as
solidarity contribution.
12.
In light of the above and considering that the Claimant requests 5% default
interest, the Chamber underlined that in case of contingent payments, the new
club shall pay the solidarity contribution to the training clubs no later than 30 days
after the date of such payments (cf. art. 2 par. 2 of Annex 5 of the Regulations). As
a result, the Respondent should have paid to the Claimant 50% of 5% of each
instalment of EUR 500,000, i.e. the amount of EUR 12,500 no later than 30 days
after the dates as from which each instalment became due.
13.
In view of all of the above, the Chamber decided that the Respondent has to pay
to the Claimant as solidarity contribution the amount of EUR 25,000 plus default
interest of 5% p.a. as follows: 5% p.a. on EUR 12,500 as of 1 September 2006 as
well as 5% p.a. on EUR 12,500 as of 15 August 2007 and all applicable until the
effective date of payment to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
2.
The Respondent has to pay the amount of EUR 25,000 to the Claimant.
3.
The Respondent has to pay default interest of 5% p.a. until the effective date of
payment to the Claimant, as follows:
on EUR 12,500
as of
1 September 2006
on EUR 12,500
as of
15 August 2007
4.
The amount due to the Claimant has to be paid by the Respondent within 30
days as from the date of notification of this decision.
5.
If the aforementioned sums according to the above-stated points 2 and 3 are not
paid within the aforementioned deadline the present matter shall be submitted to
FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may be
imposed.
6.
The Claimant is directed to inform the Respondent 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.
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7.
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
CH-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:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
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