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. Saleh Al Housani (United Arab Emirates), Member
Michele Colucci (Italy), Member
Mick McGuire (England), Member
on the claim presented by the club,
X, XX,
as Claimant
against the club,
Y, YY,
as Respondent
regarding the solidarity contribution related to the transfer
of the player Z.
I.
Facts of the case:
1.
The player Z was born on 5 September 1979
2.
According to the official confirmation from the Football Association of XX, the
player Z was registered with the XX club, X, from the age of six until 8 July 1997.
In this respect, the Football Association of XX stated that at the time the player
was transferred from XX to RR (no clubs indicated) in 2000, the player passport
had yet to be introduced in the FIFA Regulations for the Status and Transfer of
Players (edition 2001). This was why no player passport existed for Z for the time
he was registered with XX clubs. The Football Association of XX confirmed,
however, that the player had been registered with X until 8 July 1997.
3.
On 5 July 2005, the XX club lodged a formal claim before FIFA against the YY club,
Y, informing that it has not yet received the 5% payment regarding the solidarity
contribution related to the transfer of the player Z from R to the aforementioned
YY club.
4.
According to the said transfer agreement entered into on 12 July 2004 by and
between Y and R for the transfer of the player to the YY club, the transfer
compensation amounted to EUR 3,500,000, payable in three instalments
(EUR 1,000,000 by 30 July 2004, EUR 1,250,000 by 31 August 2005 and
EUR 1,250,000 by 31 August 2006).
5.
In its correspondence dated 16 January 2006, the YY club stated that it had paid
the relevant solidarity contribution to all the clubs that had presented verifiable
documents. The YY club confirmed that it would pay the solidarity contribution to
X as soon as the latter had backed its claim with clear evidence regarding the
player’s career.
6.
The XX club responded by stating that the player had left XX for RR in 2000. At
this time, the FIFA Regulations did not yet provide for the creation of a player
passport. This was why no player passport existed for Z. The XX confirmed once
again, however, that the player had been registered for X until 8 July 1997. In
continuation, X is of the opinion that it is entitled to a solidarity contribution in
the amount of EUR 78,750 (45% of 5% of EUR 3,500,000)
7.
In the course of the proceedings, the YY club informed that in accordance with its
calculations it was prepared to pay X a solidarity contribution in the amount of
EUR 3,937.50.
Solidarity Contribution for the player Z
(Club X, XX / Club Y, YY)
2
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 5 July 2005, as
a consequence the Chamber concluded that the revised Procedural Rules (edition
2005) 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. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with art. 24 par. 1 in connection with art. 22 (d) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on disputes
between two clubs belonging to different Associations related to solidarity
mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by X in connection with the transfer of the professional Z
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 in 2004. Equally the Chamber took note that the claim was lodged at
FIFA on 5 July 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.
In continuation, and entering into the substance of the matter, the members of
the Chamber carefully studied the facts outlined above and emphasized that, as
established in art. 25 of the Regulations in combination with art. 11 of the
Regulations governing the Application of the Regulations for the Status and
Transfer of Players (hereinafter: Application Regulations), the new club to which a
player is transferred during the course of a contract, is the club responsible for the
distribution of 5% of any compensation it paid to his former club, to the club(s)
involved in the training and education of the player between the ages of 12 and
23.
Solidarity Contribution for the player Z
(Club X, XX / Club Y, YY)
3
6.
At that point, the members of the Chamber noted that the YY club, Y, has not
disputed X’s apparent right to its proportion of the solidarity contribution and
eventually offered to pay an amount of EUR 3,937.50 as solidarity contribution to
X for the transfer of the player in question.
7.
In view of the above, the Chamber subsequently referred to art. 10 of the
Application Regulations, which provides the figures for the distribution of the
solidarity contribution, taking into consideration the age of the player at the time
he was provided with training and education by the club(s) concerned.
8.
In the case at hand, the Chamber observed that the Football Association of XX
confirmed that the player had been registered with X from his age of six until 8
July 1997.
9.
In this respect, the members of the Chamber emphasized that the period of
effective training to be taken into account corresponds to 5 years, from the season
1992/1993, when the player was 12 years old until 8 July 1997. In this respect, the
Chamber underlined that in accordance with art. 25 of the Regulations and art. 10
of the Application Regulations, the period of time during which the player was
registered with X before the season 1992/1993 cannot be taken into account.
10.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in art. 10 of the Application Regulations, X is entitled to receive 40%
of 5% of the total compensation paid by the YY club in relation to the transfer of
the player Z from R to Y.
11.
The Chamber observed that according to the transfer agreement signed between
R and Y, the latter agreed to pay to the RR club the amount of EUR 3,500,000 for
the transfer of the player in question.
12.
As a result and considering that all the instalments of the transfer compensation
are due, the Dispute Resolution Chamber decided that Y must pay to X the
amount of EUR 70,000.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is partially accepted.
2.
The Respondent, Y, has to pay the amount of EUR 70,000 to the Claimant, X,
within 30 days as from the date of notification of this decision.
3.
Any further claims lodged by the Claimant, X, are rejected.
Solidarity Contribution for the player Z
(Club X, XX / Club Y, YY)
4
4.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiry of the fixed time limit and the
present matter shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
5.
The Claimant, X, is directed to inform the Respondent, Y, directly and immediately
of the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
6.
According to art. 61 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 21 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
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:
Urs Linsi
General Secretary
Encl.
CAS directives
Solidarity Contribution for the player Z
(Club X, XX / Club Y, YY)
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