Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 11 March 2005,
in the following composition:
Slim Aloulou (Tunisia), chairman
Jean-Marie Philips (Belgium), member
Paulo Amoretty Souza (Brazil), member
Gerardo Movilla (Spain), member
Philippe Piat (France), member
on the claim presented by
A
as Claimant
against
B
as Respondent
regarding the solidarity contribution related to the transfer of the player
C
Facts of the case
In July 2004, club D and B concluded an agreement for the transfer of the player
C.
The Association E informed the FIFA Administration that C was born on 19 March
1977 and registered for A from 16 March 1989 until 14 August 1998, between the
ages of 12 and 21.
A is claiming the implementation of the principles stipulated in art. 25 of the FIFA
Regulations for the Status and Transfer of Players (hereinafter: the Regulations)
regarding the contribution for the solidarity mechanism related to the transfer of
the player C to B.
The total amount paid by B for the relevant transfer of C was USD 960,000.
According to the 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.
As a consequence, A is presently claiming the payment of EUR 40,000 from B,
which, according to it, remains outstanding.
Despite having been requested to provide the FIFA Administration with its position
in the matter, B has failed to do so.
Considerations of the Dispute Resolution Chamber
The members of the Dispute Resolution Chamber were summoned to pass a
decision on this matter by the Chairman pursuant to art. 1 point 6) of the Rules
Governing the Practice and Procedures 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 art. 25 of the
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.
Consequently, the Dispute Resolution Chamber established that it was the
competent body to decide on the present litigation concerning the solidarity
contribution claimed by A.
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Once its competence was thus established, the Dispute Resolution Chamber
went on to deal with the substance of the case.
The members of the Chamber carefully studied the facts outlined above and
emphasized that, as further established in the art. 25 of the Regulations, the new
club to which a player is transferred during the course of an employment
contract with his previous club, is the club responsible for the distribution of 5% of
the compensation to the former club(s) where the player has trained between
the age of 12 and 23.
The Chamber subsequently referred to art. 10 of the Regulations governing the
Application of the FIFA Regulations, which provides the figures for the distribution
of the solidarity contribution, taking into consideration the time the player was
effectively trained by the club concerned.
Considering that C was registered with A from 16 March 1989 until 14 August
1998, that is, between the ages of 12 and 21 years, for 9 ½ seasons, 85% of the 5%
solidarity contribution shall be apportioned to this club.
As it was ascertained that the amount paid by the respondent to D for the
transfer of C was USD 960,000, 85% of the 5% solidarity contribution amounts to
USD 40,800.
In light of the above, the Chamber decided that B is liable to pay the amount of
USD 40,800 to A.
Decision of the Dispute Resolution Chamber
1. The Respondent, B, shall pay the amount of USD 40,800 to the Claimant, A,
through the Association E, within 30 days of notification of the present decision.
2. If the Respondent fails to comply with the above-mentioned deadline, an
interest rate of 5% per year will apply and the case will immediately be
presented to the FIFA Disciplinary Committee.
3. The Association E is directed to inform the Respondent immediately 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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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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