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
Michele Colucci (Italy), member
Philippe Piat (France), member
Maurice Watkins (England), member
Mario Gallavotti (Italy), member
on the claim presented by
Club E.
as Claimant
against
Club M.
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player B.
./…
Facts of the case
-
In August 2002 the clubs A. and M. agreed on the transfer of the federative rights to
the player B.
-
The player B., born on 5 September 1975, was registered for the club E. for one
season, from July 1994 to June 1995, between the ages of 19 and 20.
-
The club E. claims the 5% payment established in article 25 of the FIFA Regulations
for the Status and Transfer of Players regarding the contribution to the solidarity
mechanism related to the transfer of the federative rights to the player B. from A. to
M.
-
According to the aforementioned 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, in the present case thus between 1987 and
1998.
-
The club E. asks the Dispute Resolution Chamber to sentence the club M. to start
with the distribution of the solidarity contribution of 5% related to the transfer of
the federative rights to the player B., plus 7%, or any other rate determined by the
Dispute Resolution Chamber, default interest and to take all the disciplinary
measures that the Chamber may deem appropriate against the aforementioned
club.
-
The club M. states that it acted in accordance with the applicable regulations and
that it understood that no solidarity payments were due in case of transfers between
clubs of the same association. Therefore, all transfer monies were paid to A. and no
reference was made in the transfer agreement to the solidarity mechanism.
Consequently, the club M. is of the opinion that the club E. is not entitled to any
solidarity contribution from M.
Considerations of the Dispute Resolution Chamber
The Dispute Resolution Chamber commenced its deliberations by referring to art. 25 of
the FIFA Regulations for the Status and Transfer of Players (hereinafter: 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 Chamber established that it was competent to deal with the present
litigation.
Subsequently, and entering into the substance of the matter, the Chamber
acknowledged that, for the case at hand, it was essential to establish whether an
internal transfer, this means a move of a player from one club to another, both
affiliated to the same association, could be the basis for a claim for solidarity
contribution or not. In this respect, the Dispute Resolution Chamber referred to its own
recent jurisprudence and recalled that this matter of principle had already been
addressed in previous occasions.
In line with its jurisprudence, the deciding body referred to the contents of the
Regulations and in particular, to their Preamble. Par. 1 of the Preamble establishes that
the Regulations deal with the status and eligibility of players, as well as with the rules
applicable whenever players move between clubs belonging to different associations.
Solidarity Contribution for the player B.
(Club E. / Club M.)
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The Chamber lent emphasis to the wording of the last part of the aforementioned
clause and concluded that, in fact, the Regulations are not applicable to transfers of the
federative rights to a player between two clubs affiliated to the same association.
Consequently, the members of the Chamber were of the unanimous opinion that the
relevant jurisprudence can be confirmed and concluded that the principle regarding the
solidarity mechanism contained in the Regulations is not applicable to national
transfers, not even in cases where the club claiming the payment of the relevant
contribution is affiliated to another association.
Equally, the Chamber reiterated that the principle of the solidarity mechanism is not
included in par. 2 of the Preamble of the Regulations and therefore, it is not binding at
national level.
On account of all the above, the Dispute Resolution Chamber decided that the claim of
the club E. against the club M. for payment of solidarity contribution has to be rejected.
Decision of the Dispute Resolution Chamber
1.
The claim of the club E. is rejected.
2.
According to art. 60 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 10 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 l’Elysée 28
1006 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
Encl.
Solidarity Contribution for the player B.
(Club E. / Club M.)
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