Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 February 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), member
Essa M. Sahleh-Al-Housani (United Arab Emirates), member
Michele Colucci (Italy), member
Mick McGuire (England), member
on a matter between
the club, X
represented by Mr.…., attorney-at-law
against
the club, Y,
represented by Mr. …, attorney-at-law
and
the club, Z
as Intervening party
represented by Mr. …. , attorney-at-law
regarding solidarity contribution related to the international transfer of the player W
I.
Facts of the case
1.
On 7 March 2005, X filed a complaint against Y in front of FIFA relating to solidarity
contribution in connection with the player, W.
2.
According to X, in 2004 the player was transferred from Z to Y.
3.
The Football Federation of Y has informed FIFA that the player in question was
registered with Y on 27 July 2004.
4.
On the basis of article 25 of the previous version of the FIFA Regulations for the
Status and Transfer of Players and on the assumption that a transfer compensation of
EUR 3,000,000 was paid, X maintains that Y must pay to X EUR 112,500 relating to
solidarity contribution in connection with the player in question.
5.
X points out that Y should have paid the relevant amount of solidarity contribution
within 30 days of the player’s registration cf. article 11 of the Regulations governing
the Application of the aforementioned Regulations and claims that such payment
remains outstanding to date.
6.
In a first reply to the claim, Y asserts that the player in question was transferred from
Z and that according to the relevant transfer agreement the transfer compensation
included solidarity contribution payments.
7.
On account of the jurisprudence of the Dispute Resolution Chamber FIFA suggested
to the parties that Y distributes the relevant proportion relating to the 5% solidarity
contribution of the transfer compensation to X and that Z reimburses to Y the same
proportion of the 5% of the amount of compensation agreed upon with Y.
8.
The parties have not been able to settle the matter in this way.
9.
Z, which confirms that it received 100% of the transfer compensation, i.e. without
deduction of the solidarity contribution, has intervened in the present matter.
10. By way of their joint legal representative, Z and Y fully reject the claim presented by
X for reasons linked to the status of the player at X, to the legal status of “….” and
to the connection between X and …..
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II. Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the matter
at stake. In this respect, it referred to art. 18 par. 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 7 March 2005, as a consequence the
Chamber concluded that the previous Procedural Rules (edition 2001) on matters
pending before the decision making bodies of FIFA are applicable to the matter at
hand.
2.
With regard to the competence of the Chamber, art. 25 par. 2 of the FIFA
Regulations for the Status and Transfer of Players (edition 2001) establishes that, it
falls within the purview of the Dispute Resolution Chamber to review disputes
concerning the distribution of the solidarity contribution.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to decide
on the present matter concerning the distribution of solidarity contribution claimed
by X in connection with the international transfer of the player W from Z to Y during
the course of a contract.
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 par. 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 had been registered for his
new club on 27 July 2004. Equally, the Chamber took note that the complaint was
lodged in front of FIFA on 7 March 2005. In view of the aforementioned, the
Chamber concluded that the former FIFA Regulations for the Status and Transfer of
Players (edition 2001, hereafter: the Regulations) are applicable to the case at hand
as to the substance.
5.
Once its competence was thus established, the Dispute Resolution Chamber went on
to duly analyse all of the documentation presented in the matter at hand by X, Y and
Z during the investigation into the present matter and concluded that the Chamber is
not in the position to accurately deal with the present matter on the basis of the
documents currently in its possession.
6.
The Chamber noted in particular that the relevant file does not contain a copy of the
transfer agreement that was evidently concluded by and between Y and Z in
connection with the international transfer of the player, W.
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7.
Therefore, the Dispute Resolution Chamber decided that Y and/or Z must send to
FIFA a copy of the transfer agreement signed by and between the said parties over
the transfer of the player, W.
III. Decision of the Dispute Resolution Chamber
1.
Y and/or Z must send to FIFA a copy of the transfer agreement that they signed over
the transfer of the player, W, within 30 days of notification of the present decision.
2.
Should the relevant contract not be sent to FIFA within the stated time limit, the case
will be submitted to the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
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