Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 April 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Wilfried Straub (Germany), member
Mario Gallavotti (Italy), member
Joaquim Evangelista (Portugal), member
Gerardo Movilla (Spain), member
in a dispute between the club
X, xxxx,
represented by Mr xxxx, attorney at law,
as Claimant
against the club
Y, xxxxx,
as Respondent
regarding a dispute for solidarity contribution in connection with
the transfer of the player Z.
I.
Facts of the case:
1.
The xxxxx confirmed that the player Z, born on 23 July 1975, was registered with
its affiliated club X, the Claimant, as from 12 January until 15 April 1998 (23rd
birthday).
2.
The player was transferred from xxxx to the Brazilian club Y, the Respondent, in
July 2006.
3.
According to the relevant transfer agreement dated 12 July 2006 the Respondent
agreed to pay the total amount of USD 1,500,000 in 8 installments of USD 187,500
each, on the following dates: 12 July 2006, 17 August 2006, 18 September 2006, 17
October 2006, 17 November 2006, 18 December 2006, 17 January 2007 and 16
February 2007.
4.
On 15 August 2006, the Claimant requested 3.33% of 5% of the transfer
compensation paid by the Respondent to xxxx. Equally, the Claimant request 5%
default interest.
5.
FIFA contacted the Respondent several times, 19 December 2006, 18 January 2007
and 6 February 2007, through the xxxx. However, the Respondent never provided
a translation into one of the official FIFA languages (English, French, Spanish and
German) of its submission dated 7 December 2006.
II.
Considerations of the Dispute Resolution Chamber:
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 15 August
2006, as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) are applicable on the matter at hand.
2.
With regard to the competence of the Chamber, article 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
2
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with article 1 par. 1, which describes the scope and the field of application of the
relevant Regulations, in connection with articles 24 par. 1 and 22 (d) of the current
version of the aforementioned Regulations, the Dispute Resolution Chamber shall
adjudicate on disputes between two clubs in connection with an international
transfer of a professional player related to solidarity mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by the Claimant, in connection with the transfer of the
professional Z between xxxx to the Respondent.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1 and
2 of the Regulations for the Status and Transfer of Players (edition 2005) in the
modified version in accordance with the FIFA circular no. 995 dated 23 September
2005. Furthermore, it acknowledged that the professional had been registered for
his new club in July 2006. Equally the Chamber took note that the claim was
lodged at FIFA in August 2006. In view of the aforementioned, the Chamber
concluded that the current FIFA Regulations for the Status and Transfer of Players
(edition 2005, hereafter: the Regulations) are applicable to the case at hand as to
the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that the Claimant is requesting 3.33% of
the transfer compensation paid by the Respondent to xxxx plus 5% default
interest.
6.
Moreover, the Chamber duly noted that the Respondent took position in the
dispute, however, without providing a translation of its submission into one of the
official FIFA languages despite having been asked to do so by the FIFA on several
occasions. Therefore, the Chamber deemed that the Respondent’s submission
cannot be considered and in this way the Respondent renounced to its right to
defence and accepted the allegations of the Claimant(cf. art. 9 par. 2 of the FIFA
Rules Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber).
7.
In continuation, the members of the Chamber emphasised that, as established in
the art. 21 of the Regulations in connection with Annex 5 of the Regulations, the
3
new club of the player is to distribute 5% of any compensation, with the
exception of training compensation, paid to the player’s former club to the club(s)
involved in the training and education of the player in proportion to the number
of years the player has been registered with the relevant clubs between the
sporting seasons of his 12th and 23rd birthday.
8.
In this respect, the Chamber took due note that the xxx confirmed that the player
concerned, born on 23 July 1975, was registered with the Claimant, as from 12
January until 15 April 1998 (23rd birthday).
9.
As a result, the Chamber concluded that since the player had been registered with
the Claimant during 4 months, the Respondent is obliged to pay to the Claimant
the claimed proportion of 3.33% of 5% of the relevant transfer compensation.
10.
Turning its attention to the relevant calculation, the Chamber took into account
that according to the relevant transfer agreement dated 12 July 2006 the
Respondent agreed to pay the total amount of USD 1,500,000 in 8 installments of
USD 187,500 each, on the following dates: 12 July 2006, 17 August 2006, 18
September 2006, 17 October 2006, 17 November 2006, 18 December 2006, 17
January 2007 and 16 February 2007.
11.
As a result, the Chamber decided that the Claimant is entitled to receive 3.33% of
5% of the transfer compensation paid for the player in question as solidarity
contribution from the Respondent, i.e. the amount of USD 2,500.
12.
In light of the above and considering that the Claimant requests 5% default
interest, the Chamber underlined that in case of contingent payments, the new
club shall pay the solidarity contribution to the training clubs no later than 30 days
after the date of such payments (cf. art. 2 par. 2 of Annex 5 of the Regulations). As
a result, the Respondent should have paid to the Claimant 3.33% of 5% of each
installment of USD 187,500, i.e. the amount of USD 312.5 no later than 30 days
after the dates as from which each installment became due.
13.
In view of all of the above, the Chamber decided that the Respondent has to pay
to the Claimant as solidarity contribution the amount of USD 2,500 plus default
interest of 5% p.a. as follows: 5% p.a. on USD 312.5 as of 11 August 2006, 5% p.a.
on USD 312.5 as of 16 September 2006, 5% p.a. on USD 312.5 as of 18 October
2006, 5% p.a. on USD 312.5 as of 16 November 2006, 5% p.a. on USD 312.5 as of
17 December 2006, 5% p.a. on USD 312.5 as of 17 January 2007, 5% p.a. on USD
4
312.5 as of 16 February 2007, 5% p.a. on USD 312.5 as of 18 March 2007 and all
applicable until the effective date of payment to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
2.
The Respondent has to pay the amount of USD 2,500 to the Claimant.
3.
The Respondent has to pay default interest of 5% p.a. until the effective date of
payment to the Claimant, as follows:
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
on USD 312.5 as of 11 August 2006
on USD 312.5 as of 16 September 2006
on USD 312.5 as of 18 October 2006
on USD 312.5 as of 16 November 2006
on USD 312.5 as of 17 December 2006
on USD 312.5 as of 17 January 2007
on USD 312.5 as of 16 February 2007
on USD 312.5 as of 18 March 2007
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 sums according to the above-stated points 2 and 3 are 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 and directly 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. 61 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 21 days of receipt of notification of this
decision and shall contain all the elements in accordance with point 2 of the
5
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:
Court of Arbitration for Sport
Avenue de Beaumont 2
CH-1012 Lausanne
Switzerland
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:
Jérôme Valcke
General Secretary
Encl.
CAS directives
6