Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 12 April 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium) member
Philippe Diallo (France) member
Michele Colucci (Italy) member
Theo van Seggelen (Netherlands) member
on the claim presented by
Club X,
as Claimant
against
Club Y,
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
I.
Facts of the case:
1.
The player A, born on 17 August 1977, was registered with X, the Claimant, from 4
January 1990 to 31 October 1996, for 6 ½ seasons between the age of 12 and 19.
2.
According to the Claimant the player was transferred in July 2002 from B to Y, the
Respondent, for the amount of USD 3,422,000.
3.
The Claimant is claiming the portion of 55% of 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 B to the Respondent.
4.
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, between 1989 and
2000.
5.
As a result, the Claimant is claiming USD 94,105 (i.e. 55% of USD 171,100) plus
interest amounting to 5% par annum as from 1 September 2002 until the effective
date of payment.
6.
The FIFA Administration requested the Respondent to pay the share of the
solidarity contribution to the Claimant or to provide valid reason for not doing so,
but the Respondent has failed to respond to this injunction and has ignored every
letter sent to it.
II.
Considerations of the Dispute Resolution Chamber:
1.
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.
2.
In this sense, the Chamber acknowledged that, as further established in the article
25 of the Regulations, the new club concerned is to distribute 5% of any
compensation paid to the previous club to the club(s) where the player has played
between the age of 12 and 23.
3.
In the present case, the Chamber outlined that the period to be taken into
consideration went from the sporting season 1989/1990, when the player was 12,
until the sporting season 1999/2000, at the age of 23.
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4.
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.
5.
In the case at hand, the player was registered for the Claimant from 4 January
1990 to 31 October 1996. Consequently, the Chamber concluded that the period of
effective training to be taken into account corresponds to 6 ½ years.
6.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in Article 10 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players, the Claimant is entitled to
receive 55% of the 5% of the compensation paid in relation to the transfer of the
federative rights to the player from B to the Respondent.
7.
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.
8.
Consequently, in light of the fact that this payment has been due since the thirtyfirst day after the transfer took place, i.e. in July 2002, the Dispute Resolution
Chamber established that a default interest payment of 5% p.a. as from the day
on which the payment was due, i.e. on 1 September 2002 at the latest, must be
applied.
9.
The Chamber noted that the Claimant affirmed that the amount paid for the
transfer of the federative rights to the player was USD 3,422,000 and that this
allegation was not contested by the Respondent.
10.
Finally, the Chamber reproached the behaviour of the Respondent, who never
took position in the dispute, despite having been asked to do so by the FIFA
administration on several occasions. In this way the Respondent renounced to its
right to defence and accepts the allegations of the Claimant.
11.
Taking into account all of the above the Dispute Resolution Chamber decided that
the Respondent must pay to the Claimant 55% of the 5% of the transfer
compensation paid in relation to the transfer of the player from B to the
Respondent, i.e. USD 94,105, plus 5 % interest per year on the outstanding
amount starting on 1 September 2002 and applicable until the effective date of
payment to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is accepted.
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2.
The Respondent, Y, has to pay the amount of USD 94,105 to the Claimant.
3.
On the aforementioned amount default interest payment of 5% p.a. as from
1 September 2002 until the day of the payment is applied.
4.
The amount due to the Claimant has to be paid by the Respondent within 30 days
as from the date of notification of this decision.
5.
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.
6.
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.
7.
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
Encl.
CAS directives
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