Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 19 February 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Reinhard Rauball (Germany), member
Philippe Piat (France), member
Mick McGuire (England), member
on the claim presented by the club
A,
as “Claimant”
against the club
O,
as “Respondent”
regarding the solidarity contribution related to the transfer of the player,
B.
I.
Facts of the case
1.
The player, B, born on 10 September 1983, was registered for the Club A
(hereinafter: A) from 10 April 1992 to 5 September 1997 between the ages of 8
and 13, in accordance with the player’s passport submitted to FIFA by the A
Football Federation.
2.
A Football Federation informed FIFA that the sporting season in A runs as follows:
a) for amateurs (under 20 years) as from January until December of the relevant
year and b) for amateurs (more than 20 years) and professionals as from 1 July
until 30 June of the next year.
3.
On 9 January 2008, the player B was transferred from the Club P (hereinafter: P) to
the club O for an amount of EUR 6,474,000. The Dispute Resolution Chamber
received a copy of the relevant transfer agreement during the present
investigation.
4.
On 2 June 2008, A contacted FIFA to demand the payment of the relevant
proportion of solidarity contribution for the transfer of the player B from P to O.
5.
Despite several communications sent by FIFA to the club O, the latter did not react
to any of them.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the case at hand. In this respect, it took note that the present matter
was submitted to FIFA on 2 June 2008. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(edition 2005; hereinafter: Procedural Rules) are applicable to the matter at hand
(cf. art. 18 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. (e) of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber is competent to decide on
the present litigation with an international dimension concerning the distribution
of the solidarity contribution claimed by the Claimant in connection with the
transfer of the professional B (hereinafter: the player) during the course of a
contract.
3.
Furthermore, and taking into consideration that the player was transferred to his
new club on 9 January 2008, the Chamber analysed which regulations should be
applicable as to the substance of the matter. In this respect, it confirmed that in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer
of Players (edition 2008), and considering that the present claim was lodged on 2
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June 2008, the current version of the regulations (edition 2008; hereinafter:
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter and started by
acknowledging that on 9 January 2008 the player was transferred from the club P
to the club O.
5.
In this respect, the members of the Chamber pointed out the content of the
Annexe 5, art. 1 of the Regulations which states that if a professional moves
during the course of a contract, 5% of any compensation, not including training
compensation paid to his former club shall be deducted from the total amount of
this compensation and distributed by the new club as a solidarity contribution to
the club(s) involved in his training and education over the years, that the player
was registered between the season of his 12th and 23rd birthdays.
6.
At this stage, the members of the Chamber focused on the behaviour of the club
O during the process of the present matter and remarked that it never took
position despite being requested to do so. The members of the Chamber
emphasized that, in this way, the club O renounced to exercise its right of defence.
7.
In continuation, the members of the Chamber pointed out that the player was
born on 10 September 1983, was registered with the club A as from 10 April 1992
until 5 September 1997 between the ages of 8 and 13 in accordance with the
player’s passport provided by A Football Federation.
8.
Moreover, the Chamber took note how the sporting season runs in A for amateurs
and for professionals based on the information provided by A Football Federation.
9.
Consequently, taking into account the age of the player and the effective time of
training and education with the club A, the Chamber concluded that the period of
effective training is under the light of the Regulations of 2 seasons and 1 month in
accordance with the detailed explanation of calculation described in art. 1 of
Annexe 5 of the Regulations.
10.
In view of all the above, the Chamber concluded that the club A is entitled to
receive 13,33 % of the 5% of the transfer amount paid by the club O to P for the
transfer of the player in accordance with the Annexe 5 art. 1 of the Regulations.
11.
In this context, the members of the Chamber took note of the content of the
transfer agreement signed on 8 January 2008 between the clubs P and O and
specifically focused its attention on its clause 5 which stipulates an amount of EUR
6,474,000 for the transfer of the player B from P to O.
12.
Once the Chamber determined that the transfer amount paid by O for the transfer
of the player amounted EUR 6,474,000, the 13,33 % of the 5% as solidarity
contribution is equivalent to EUR 43,150.
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13.
Consequently, the members of the Chamber decide that in view of all the
precedent considerations the club O has to pay to the club A the amount of EUR
43,150 as the relevant proportion of the solidarity contribution. for the transfer of
the player B from the club P to the club O.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, A, is accepted.
2.
The Respondent, club O, has to pay to the Claimant the amount of EUR 43,150
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline, an
interest rate of 5% per year will apply as of expiring of the fixed time limit and
the present matter shall be submitted upon the party’s request to the FIFA´s
Disciplinary Committee for its consideration and decision.
4.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
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Note relating to the motivated decision (legal remedy):
According to art. 63 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 21 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 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:
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Jérôme Valcke
Secretary General
Encl.
CAS directives
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