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 summer 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 May
1979 and registered for A on 4 March 1998 until 22 January 2002, for the 1998,
1999, 2000 and 2001 sporting seasons, between the ages of 19 and 22.
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
C to B.
The total amount paid by B for the relevant transfer of C was EUR 2,000,000.
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 corresponds to 40% of 5% of EUR 2,000,000.
In response, and with regard to the distribution of the solidarity contribution for
the present transfer of C’s federative rights, B asserts that it has already complied
with its obligations towards all the other clubs that were entitled to receive such
contribution.
However, with regard to A’s claim, B defends that it should not pay any amount
to it, since the latter owes it the amount of Y 87,523, as a result of a decision
taken by the Civil Court X, in 2001.
In fact, B draw’s the attention of the Chamber to A’s bad faith and defends that
the amount due as solidarity contribution in the present matter, should be
deducted from the aforementioned amount, by means of a compensation of
credits, via the aforementioned Civil Court.
A defends that the aforementioned proposal of B should be rejected since the
credits at stake emerge from separate matters and should therefore, be treated
separately.
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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 analysis of the facts and allegations outlined above, the Dispute
Resolution Chamber commenced its deliberations by referring to art. 25 of the
Regulations, 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.
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 the player C was registered with A from 4 March 1998 until 22
January 2002, that is, between the ages of 19 and 22 years, for 4 sport seasons,
40% 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
federative rights of C was EUR 2,000,000, 40% of the 5% solidarity contribution
amounts to EUR 40,000.
In light of the above, the Chamber reached the conclusion that B is liable to pay
the amount of EUR 40,000 to A.
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Finally, with regard to the demand submitted by B, according to which, any
amount awarded to A in the present matter should be deducted from a debt
that the relevant club has towards it, the Chamber considered that both matters
are completely independent and separate from each other and therefore,
decided to reject any eventual compensation of credits.
Decision of the Dispute Resolution Chamber
1. The claim of A is accepted.
2. The Respondent, B, shall pay the amount of EUR 40,000 to the Claimant, A,
within 30 days of notification of the present decision.
3. 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.
4. The demand of the Respondent is rejected.
5. The Claimant 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.
6. 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
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For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
Enclosed: CAS directives
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