Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 11 March 2005,
in the following composition:
Mr Slim Aloulou (Tunisia), Chairman
Mr Jean-Marie Philips (Belgium), Member
Mr Paulo Amoretty Souza (Brazil) Member
Mr Gerardo Movilla (Spain)Member
Mr Philippe Piat (France) Member
on the claim presented by
X
as
Claimant
against
Y
as
Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
Facts of the case:
The player A, born in 1981, was registered for the club X for six sporting seasons, from
1993 to 1999, from the age of 12 to the age of 18.
In July 2004, an agreement for the transfer of the player A from the Z to Y is
concluded.
The X claim the 5 % payment established in article 25 of the FIFA Regulations for the
Status and Transfer of Players regarding the contribution to the solidarity mechanism
related to the transfer of the federative rights to the player A from Z to Y.
According to the aforementioned Regulations, the new club concerned is to
distribute 5% of this compensatory amount to the club(s) where the player has
played between the age of 12 and 23. In the present case, the timeframe to be
taken into account goes from 1993 to 1999.
The amount paid by Y for the transfer of the player A is EUR 3,000,000.
X ask the Dispute Resolution Chamber to sentence Y to start with the distribution of
proportion of 5% related to the transfer of the federative rights to the player.
Considerations 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 article 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.
In this sense, as further established in the article 25 of the revised FIFA Regulations for
the Status and Transfer and of Players, the new club concerned is to distribute 5% of
any compensation paid to the player’s previous club to the club(s) where the player
has played between the age of 12 and 23.
In the present case, the Chamber outlined that the training period to take into
consideration went from the sporting season 1993/1994, when the player was 12, until
the sporting season 1998/1999, at the age of 18.
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The Chamber made further reference to Art. 10 of the Regulations governing the
Application of the Regulations for the Status and Transfer of Players, which provides
the figures for the distribution of the solidarity contribution, according to the time the
player was effectively trained by the clubs involved.
It is therefore undisputed that the club X is entitled to receive 50% of the 5% related
to the transfer of the federative rights to the player to Y.
Furthermore, the Chamber made reference to Article 11 of the Regulations
governing the Application of the Regulations for the Status and Transfer of Players,
which reads that the new club shall pay the amount due as a solidarity contribution
to the training clubs at the latest within thirty days of the player’s registration.
As it was noted that the amount paid by Y for the transfer of the federative rights to
the player A was EUR 3,000,000, the Dispute Resolution Chamber decided that Y
must pay to X 50% of the 5% of the transfer compensation, i.e. EUR 75,000.
Decision of the Dispute Resolution Chamber
1. The claim of X is accepted.
2. Y has to pay the amount of EUR 75,000 to X.
3. The amount due to the club X has to be paid by Y within 30 days as from the
date of notification of this decision.
4. If the aforementioned sum is not paid within the aforementioned deadline, the
present matter shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
5. The creditor is directed to inform the debtor 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).
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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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