Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 4 February 2005,
in the following composition:
Slim Aloulou (Tunisia), chairman
Mario Gallavotti (Italy), member
Maurice Watkins (England), member
Michele Colucci (Italy), member
Philippe Piat (France), member
on the claim presented by
A
as Claimant
against
B
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights
of the player C
Facts of the case
In 2003, D and B concluded an agreement for the transfer of the federative rights of
the player C.
The amount paid by B for the transfer of the federative rights of the player C was
EUR 17,600,000.
E informed the FIFA Administration that C was born on 26 October 1980 and
registered for club A from 14 December 1989 to 6 March 1996, between the ages of
9 and 15.
A claims the 5% payment established in Art. 25 of the FIFA Regulations for the
Status and Transfer of Players (hereinafter: the Regulations) regarding the
contribution for the solidarity mechanism related to the transfer of the federative
rights of the player C to B.
According to the Regulations, the new club concerned is to distribute 5% of this
compensatory amount to the club(s) where the player has played between the ages
of 12 and 23.
After several deadlines given to B in order for it to start with the aforementioned
distribution or to provide the FIFA Administration with its position in this matter, B
provided the FIFA Administration with a copy of a letter signed between it and D,
according to which the latter would be responsible to pay the amounts due as
solidarity mechanism up to a maximum amount of EUR 510,000 concerning the
transfer of the federative rights of the player C.
Contacted by the FIFA Administration, F replied on behalf of D, confirming the
content of the aforementioned letter, but defending that D has not made any
payments in such regard, due to the fact that the obligation to distribute the
solidarity mechanism contribution belongs to the player’s new club, i.e. B, in
accordance with the Regulations and the jurisprudence established by the Dispute
Resolution Chamber.
Moreover, D confirmed that the amounts to be paid by B would be deducted from
the total transfer fee, up to the previously mentioned maximum amount of
EUR 510,000.
D, once again, via F, also informed the FIFA Administration that it has received the
relevant total transfer fee from B.
In light of the above, on 5 November 2004, the FIFA Administration instructed D to
return the amount of EUR 510,000 to B until 25 November 2004 and the latter to
proceed with the distribution of the solidarity contribution once it received such
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amount. B was also informed that, in case the total amount to be distributed as
solidarity contribution in the present matter would be lower than EUR 510,000, it
should immediately return the respective difference to D.
Despite the aforementioned deadline, neither D has returned the relevant amount
to B nor A has received the claimed solidarity contribution from B.
Considerations of the Dispute Resolution Chamber
The Dispute Resolution Chamber commenced its deliberations by referring to art. 25
of the Regulations, according to which it falls within the purview of the Dispute
Resolution Chamber to review disputes concerning the distribution of the solidarity
contribution.
Consequently, the Dispute Resolution Chamber established that it was the
competent body to decide on the present litigation concerning the solidarity
contribution claimed by A.
Once its competence was thus established, the Dispute Resolution Chamber went on
to deal with the substance of the case.
The members of the Dispute Resolution Chamber were summoned to pass a decision
on this matter by the Chairman pursuant to Art. 1 point 6) of the Rules Governing
the Practice and Procedures of the Dispute Resolution Chamber.
The members of the Chamber carefully studied the facts outlined above and
emphasized that, as further established in the article 25 of the Regulations, the new
club to which a player is transferred during the course of an employment 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 trained between the age
of 12 and 23.
The Chamber pointed out that there has been an augmentation in the cases
relating to the non-payment of the solidarity contribution as foreseen in the
Regulations. This is owing to the fact that, as in the case at hand, the clubs
acquiring the federative rights of players, frequently omit to retain the 5%
solidarity contribution payable to the clubs involved in the player’s training and
education. In such cases, the club that mistakenly paid 100% of the transfer fee
agreed upon with the former club of the player often considers it is no longer liable
regarding the solidarity contribution payment.
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However, in this context, the Chamber emphasised that as provided for in art. 11 of
the Regulations governing the Application of the FIFA Regulations, it is the task of
the new club of the player to calculate the amount owed as a solidarity contribution
to the clubs involved in the formation of the player and to distribute this amount in
accordance with the player’s career history. Moreover, par. 1 of the mentioned
article clearly stipulates that the new club of the player must pay the amount due as
solidarity contribution to the training clubs within 30 days of the player’s
registration.
In light of the above, the Chamber concluded that the respondent is responsible for
paying the solidarity contribution to the club(s) involved in the formation of the
player C, even if it has mistakenly omitted to retain this contribution amount when
it paid the federative rights of the player to his previous club. The fact that the
respondent paid the entire amount agreed upon to D has no influence on the claim
of A, given that the latter was not a party to the transfer agreement signed
between B and D.
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.
Considering that the player C was registered with A from 14 December 1989 until 6
March 1996, that is, between the ages of 9 and 15 years, 23,7% of the 5% solidarity
contribution shall be apportioned to this club.
As it was ascertained that the amount paid by the respondent to D for the
federative rights of the player C was EUR 17,600,000, 23,7% of the 5% solidarity
contribution amounts to EUR 208,560.
In light of the above, the Chamber reached the conclusion that B is liable to pay the
amount of EUR 208,560 to A.
Decision of the Dispute Resolution Chamber
1. The Respondent, B, shall pay the amount of EUR 208,560 to the Claimant, A,
within 30 days of notification of the present decision.
2. If the Respondent fails to comply with the above-mentioned deadline, an interest
rate of 5% per year will apply and the case will immediately be presented to the
FIFA Disciplinary Committee.
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3. 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
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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