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
Gerardo Movilla (Spain), Member
Philippe Piat (France), Member
Jean-Marie Philips (Belgium), Member
Paulo Rogerio Amoretty Souza (Brazil), Member
on the claim presented by
B, England
as Claimant
against
N, Germany
as Respondent
regarding the solidarity contribution related to the transfer of the
player J
./…
Facts of the case
-
The English club B , the Claimant, has presented a complaint against N, the
Respondent, regarding payment of the solidarity contribution in respect of the
transfer of the player J.
-
The player J was transferred from N to B
years old.
-
A transfer contract was signed in which the parties agreed on an amount
totalling EUR 3’517’688. The transfer contract signed by the parties contains no
reference to any solidarity payment.
-
B has retained only EUR 122’710 of the total fee it paid to the club N, an amount
which it has already distributed for purposes of solidarity contribution distribution
to the player’s former training clubs.
-
However, the buying club deems it has not retained a sufficient amount and it
should still be reimbursed a sum of EUR 53’174 to cover the remaining outstanding
solidarity payments to the player’s former developing clubs.
-
Of the EUR 53’174 that B is reclaiming from the selling club, it declares that an
amount of EUR 21’985 is held to be distributed to the latter anyway, in order to
cover its solidarity proportion for the training it provided to the player during the
seasons 2000/2001 and 2002/2002.
-
According to the English club’s estimations, this leaves an outstanding amount of
EUR 31’188.50 that may currently be reclaimed from N.
-
N does not deny its obligation to proceed with a reimbursement to the claimant,
but strongly disputes the amount that is being claimed for reimbursement.
on 3 October 2001, when he was 22
-- The DRC is asked to confirm how much, if anything, is to be reimbursed by N to B .
Considerations of the Dispute Resolution Chamber
The Dispute Resolution Chamber commenced its deliberations by referring to art. 25
of the FIFA Regulations for the Status and Transfer of Players (hereinafter: 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 Chamber established that it was competent to deal with the
present litigation.
Subsequently, and entering into the substance of the matter, the Chamber firstly
wished to emphasize that the solidarity contribution foreseen in art. 10 of the
Regulations governing the Application of the FIFA Regulations for the Status and
Transfer of Players is due when a player is transferred during the course of a contract,
taking into consideration the amount of time spent by a player at a particular club.
Therefore, the solidarity contribution entitlement of the various clubs involved in the
training and development of Mr. J, relates to the exact number of years that each of
Solidarity Contribution for the transfer of the player J
(B , England / N , Germany)
Page 2 of 4
these clubs has formed and trained him, taking into consideration the key to the
distribution set out in art. 10 of the Application Regulations, as illustrated below:
·
·
·
5% of the total 5% solidarity contribution goes to the club that trained and
developed the player between the ages of 12 and 13 years.
5% of the total 5% solidarity contribution goes to the club that trained and
developed the player between the ages of 13 and 14 years.
10% of the total 5% solidarity contribution goes to every club that trained and
developed the player for each of the years that the relevant club trained and
developed him between the ages of 14 and 23 years.
The maximum percentage that can be apportioned therefore reaches 100% of 5% of
the fee that has been agreed in relation to the player’s transfer. In the case at hand,
this results in 5% of the agreed fee of EUR 3’517’688, that is, a maximum of EUR
175’884.
Bearing in mind, however, that Mr. J’s development began at the age of 12, and
that he was 22 years old at the time of the relevant transfer to B , the Chamber
observed that according to the distribution key of art. 10 of the Application
Regulations as illustrated above, the years of development of the player correspond
to only 90% of the maximum 100% solidarity contribution. In fact, the proportion
related to the player’s training between the ages of 22 and 23 had not yet matured.
In view of the foregoing, the Dispute Resolution Chamber pointed out that the
buying club, B , need only distribute amongst the player’s developing clubs a total
amount corresponding to 90% of the maximum EUR 175’884, that is, EUR 158’295.
The foregoing accounts for the first 90% of the maximum contribution amount
available.
As to the remaining 10%, representing EUR 17’588, the Chamber clarified the
following.
Even if the buying club had in fact retained the aforementioned 10% (EUR 17’588)
when it paid N for the transfer of the player, it may not have rightfully withheld this
amount, as none of the player’s former developing clubs would be entitled to it.
Clearly, it cannot be the aim of the provisions of the FIFA Regulations on solidarity
contribution to diminish the fee agreed upon by the parties to a transfer, particularly
since the introduction of this concept has been motivated by the desire to reward
those clubs engaged in the formation of football players. Hence, the Chamber
underlined that the unaccounted for EUR 17’588 remains part of the original fee
agreed between the clubs for the transfer of the player, and thus forms an integral
part of the selling club’s claim.
In light of the above, the members of the Dispute Resolution Chamber determined
that B is entitled to be reimbursed for no more than the difference between the 90%
that it was entitled to retain in order to be distributed amongst the clubs engaged in
the formation of Mr. J, and the amount that it has already managed to retain (EUR
158’295 minus EUR 122’710 = EUR 35’585). From this amount may be deducted the
Solidarity Contribution for the transfer of the player J
(B , England / N , Germany)
Page 3 of 4
20% that is due for distribution of solidarity contribution to the selling club itself, that is,
EUR 35’177, for its two seasons of training and development of the player. This leaves
EUR 408 still due to be reimbursed to B to cover the solidarity contribution payments
it needs to make.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is partially accepted.
2.
The Respondent shall pay the Claimant an amount of EUR 408, within 30 days
following the date of the communication of the present decision.
3.
In the event that the debts of the Respondent are not paid within the stated
deadline, an interest rate of 5% per year will apply.
4.
If the relevant sum is not paid within the aforementioned deadline the present
matter shall be submitted to the FIFA Disciplinary Committee so that the
necessary disciplinary sanctions may be imposed.
5.
The Claimant is directed to inform the Respondent immediately of the bank
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
against before the Court of Arbitration for Sport (CAS). The statement of
appeal must be sent to the CAS directly within 10 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
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
Solidarity Contribution for the transfer of the player J
(B , England / N , Germany)
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