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
X, Brazil
as
Claimant
against
Y, England
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
Facts of the case:
The player A, born in 1976, was registered for the Brazilian club X, during seven
sporting seasons, from 1993 to 2000, between the age of 17 and 24.
This circumstance was confirmed by the Confederação Brasileira de Futebol by means of
an official document dated 14 October 2002.
In July 2002, an agreement for the transfer of the federative rights to the player A to Y
is concluded.
Y had already complied with the payment of USD 122,500 corresponding to the training
period between 1996 and 2000.
X now state that the amount corresponding to the training period between 1993 and
1996 was never paid.
Y refute having to pay that extra amount, and maintain that the player, despite being
registered with the Brazilian club since 1993, never played with them until 1996.
The player confirmed the circumstance, corroborated by the fact that he was employed
by a sweet factory during the period between 1993 and 1996.
The amount paid by Y for the transfer of the federative rights to the player A is USD
7,000,000.
X ask the Dispute Resolution Chamber to sentence Y to start with the distribution of
proportion of 5% related to the transfer of the federative rights to the player A for the
training period between 1993 and 1996.
Considerations of the Dispute Resolution Chamber:
After a careful study of the facts and allegations outlined above, the Dispute Resolution
Chamber commenced its deliberations by referring to article 25 of the revised FIFA
Regulations for the Status and Transfer of Players, according to which, it falls within the
purview of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution.
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In this sense, as further established in the article 25 of the revised FIFA Regulations for
the Status and Transfer and of Players, the new club concerned is to distribute 5% of
any compensation paid to the previous club to the club(s) where the player has played
between the age of 12 and 23.
In the present case, the Chamber took note of the fact that Mr. A confirmed the fact
that, despite being registered with the Brazilian club since 1993, he never actually
played with them until 1996.
However, the Chamber placed emphasis on the fact that, irrespective of any other
activity the player performed in the period between 1993 and 1996, it is undeniable
that he was registered with the Brazilian club X already since 1993.
The Chamber took further note of the fact that Y had already complied with the
payment of USD 122,500, corresponding to the training period between 1996 and 2000
and maintained that the Brazilian club X are entitled to receive also the remaining
proportion of the 5% of the transfer sum paid by Y, i.e. the one corresponding to the
period between 1993 and 1996.
In light of the above circumstances, the Chamber decided that the English club Y shall
pay to X the amount of USD 105,000 corresponding to 30% of 5% of the abovementioned transfer fee, corresponding to the three sporting seasons between 1993 and
1996, from the player’s ages of 17 and 20.
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Decision of the Dispute Resolution Chamber
1. The claim of the Brazilian club X is accepted.
2. The English club Y has to pay the amount of USD 105,000 to the Brazilian club X.
3. The amount due to the club X has to be paid by Y within 30 days as from the date of
notification of this decision.
4. 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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