Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 22 June 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), member
Essa M. Sahleh Al-Housani (United Arab Emirates), member
Philippe Piat (France), member
Joaquim Evangelista (Portugal), member
on a matter between
Deleted: Eduardo Carlezzo
the club, X
represented by Mr. W, attorney-at-law
Deleted: Coritiba FC, Brazil
and
Deleted: Real Betis
Balompie SAD
the club, Y,
Deleted: Spain
and
Deleted: PSV
the club, Z,
as Intervening party
regarding the distribution of solidarity contribution in connection with the player, V
./…
Deleted: the Netherlands
Deleted: Robert Pinho de
Souza
I.
Facts of the case
Deleted: Robert Pinho de
Souza
1.
The player, V, was born on 27 February 1981.
2.
According to the player passport issued by the Football Association of X the player
was formerly registered with X as from 16 September 1997 until 22 December 2000.
3.
The Football Association of Y has confirmed that the player was registered with its
member club, Y, on 31 January 2006.
4.
5.
6.
7.
Deleted: Confederaçao
Brasileira de Futebol (CBF),
On 20 September 2006, X lodged a claim in front of the Dispute Resolution
Chamber against the Y for payment of its proportion of the solidarity contribution
on the basis of Annex 5 of the Regulations for the Status and Transfer of Players.
According to X, in December 2005, Y signed a loan agreement with the Z involving
a compensation of EUR 600,000.
X further based its claim on a registration period as from 16 September 1997 until
16 February 2001 in accordance with written statement issued by the regional
football association of X.
On the basis of this information, X claimed 40% of the 5% solidarity contribution,
i.e. the amount of EUR 12,000.
Deleted: Coritiba FC
Deleted: Spanish Football
Federation
Deleted: Real Betis Balompie
SAD (hereinafter: Balompie),
Deleted: the Brazilian club,
Coritiba FC
Deleted: ,
Deleted: Spanish club,
Balompie
Deleted: ,
Deleted: Coritiba FC
Deleted: Balompie
Deleted: Dutch club, PSV
Deleted: ,
Deleted: Coritiba FC
Deleted: Brazilian
Deleted: Parana
Deleted: Coritiba FC
Deleted: Balompie
Deleted: PSV
8.
In reply to the claim, Y acknowledges that it signed a loan agreement with Z in
accordance with which the parties agreed on a compensation of EUR 1,000,000 for
the loan of the player, V, to Y (a copy of this agreement was presented).
Deleted: Pinho de Souza
Deleted: Balompie
Deleted: Balompie
Deleted: PSV
9.
Y further asserts having paid 100% of the loan compensation to Z and it has
presented bank statements to this effect.
Deleted: Balompie
Deleted: Balompie
Deleted: PSV
10.
Y refers to the fact that the 5% solidarity contribution is to be deducted from the
amount of compensation agreed upon between the player’s former and new club.
Therefore, Y maintains that Z is the interested party and direct debtor in the
present matter and that Z shall pay the solidarity contribution to X exonerating Y.
Deleted: PSV
Deleted: Coritiba FC
Deleted: Balompie
Deleted: ¶
Deleted: PSV
11.
Having taken knowledge of the amount of compensation contractually agreed
upon between Z and Y, X amended its claim to include the total amount of EUR
16,250 (32,5% of EUR 50,000) payable by Y.
Deleted: Balompie
Deleted: Coritiba FC
Deleted: Balompie
Deleted: Balompie
12.
Y maintained its position.
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
2
13.
Z was invited by FIFA to present its position as an intervening party in the present
matter.
14.
In response, Z refers to clause 6 of the loan agreement and asserts that Y is
responsible for payment of any solidarity contribution if and when due.
15.
Clause 6 of the loan agreement reads as follows: “The above amounts are exclusive
of all taxes, levies, training and development costs and any solidarity payments, if
and when applicable.”
16.
In addition, Z points out that in accordance with clause 1 of the same agreement Z
will receive the net (emphasis added by club) amount of EUR 1,000,000.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the matter at stake. In this respect, it referred to art. 18 paras. 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 20
September 2006, as a consequence the Chamber concluded that the revised Rules
Governing Procedures (edition 2005) on matters pending before the decision
making bodies of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 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 Regulations
for the Status and Transfer of Players (edition 2005). In accordance with art. 24 par.
1 in combination with art. 22 (d) of the aforementioned Regulations, the Dispute
Resolution Chamber shall adjudicate on disputes between two clubs belonging to
different Associations 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 X in connection with the transfer of the professional V
during the course of a contract.
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
3
Deleted: PSV
Deleted: PSV
Deleted: Balompie
Deleted: PSV
Deleted: PSV
Deleted: ¶
¶
Deleted: Coritiba FC
Deleted: Robert Pinho de
Souza
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
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 on 31 January 2006. Equally, the Chamber took note that the claim
was lodged at FIFA on 20 September 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.
6.
7.
8.
9.
Once its competence and the applicable Regulations were thus established, the
Dispute Resolution Chamber (DRC or Chamber) went on to deal with the substance
of the case. The members of the Chamber carefully studied the facts outlined
above, which show that the player, V, was transferred from Z to Y on a loan basis
and was registered with the latter in January 2006.
To this end, Z and Y signed a loan agreement in accordance with which Y was
obliged to pay to Z a loan compensation to the amount of EUR 1,000,000.
At this point, the Chamber, first of all, established that according to art. 10 par. 1
of the Regulations a loan is subject to the same rules as apply to the transfer of
players, including the provisions on training compensation and solidarity
mechanism.
As a next step, the members of the Chamber recalled that as established in art. 21
of the Regulations in conjunction with art.1 of Annex 5 of the Regulations, 5% of
any compensation (with the exception of training compensation) paid to the
player’s former club shall be deducted from the total amount of this compensation
and distributed by the player’s new club as a solidarity contribution to the club(s)
involved in the player’s training and education between the seasons of the player’s
12th and 23rd birthdays.
The Chamber took into account that Y, i.e. the player’s new club, rejects the claim
put forward by X maintaining that X should turn to Z, i.e. the player’s former club,
in order to obtain its proportion of the 5% solidarity contribution payment, given
that Y had paid to Z 100% of the compensation that it had agreed upon with Z. In
other words, Y omitted to deduct 5% of the relevant loan compensation relating
to the solidarity mechanism.
Deleted: Robert Pinho de
Souza
Deleted: PSV (Netherlands
Deleted: )
Deleted: Balompie
Deleted: PSV
Deleted: Balompie
Deleted: Balompie
Deleted: PSV
Deleted: ¶
¶
¶
Deleted: Balompie
Deleted: Coritiba FC
Deleted: Coritiba FC
Deleted: PSV
Deleted: Balompie
Deleted: PSV
Deleted: the Dutch club
10.
11.
Subsequently, the Chamber took note of the fact that, on the other hand, Z
considered that Y is responsible for payment of any solidarity contribution if and
when due on the basis of clause 1 and 6 of the relevant loan agreement.
In this regard, the Chamber referred to its jurisprudence applied in similar cases, in
accordance with which the player’s new club is ordered to remit the relevant
proportion(s) of the 5% solidarity contribution to the club(s) involved in the
4
Deleted: Balompie
Deleted: the Dutch club, PSV
Deleted: ,
Deleted: Balompie
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
player’s training in strict application of art. 21 and Annex 5 of the Regulations. At
the same time, the player’s former club is ordered to reimburse the same
proportion(s) of the 5% of the compensation that it received from the player’s new
club.
12.
In this context, the Chamber once more pointed out that according to art. 1 of
Annex 5 of the Regulations, inter alia, the new club shall deduct the 5% solidarity
contribution from the amount of compensation agreed upon with the player’s
former club.
13.
Therefore, and in consideration of the said jurisprudence, the Dispute Resolution
Chamber decided to reject the arguments of both Y and Z.
Deleted: Balompie
Deleted: PSV
14.
The Chamber then referred to art. 1 of Annex 5 of the Regulations, which provides
the figures for the distribution of the solidarity contribution, according to the time
the player was effectively trained by the clubs involved.
15.
In this respect, the members of the Chamber underlined that the player passport
issued by the Association of X is to be the basis on which the amount of solidarity
contribution must be calculated.
16.
Considering that the player, V, born on 27 February 1981, was registered with X as
from 16 September 1997 until 22 December 2000, i.e. during the sporting seasons
of the player’s 16th to 19th birthday, the Chamber established that, in accordance
with art. 1 of Annex 5 of the Regulations, X is entitled to receive 32,5% of the 5%
of the compensation paid in relation with the transfer on loan basis of the player V
from Z to Y.
Deleted: CBF
Deleted: ¶
¶
¶
¶
¶
¶
Deleted: Robert Pinho de
Souza
Deleted: Coritiba FC
17.
18.
The Chamber noted that according to the loan contract on file the player V was
transferred for compensation to the amount of EUR 1,000,000.
Based on all of the above, the Dispute Resolution Chamber decided that Y must
pay to X solidarity contribution in the amount of EUR 16,250, i.e. 32,5% of 5% of
the aforementioned compensation, and that Z must reimburse the amount of EUR
16,250 to Y.
Deleted: Coritiba FC
Deleted: Robert Pinho de
Souza
Deleted: PSV
Deleted: Balompie
Deleted: Robert Pinho de
Souza
Deleted: Real Betis Balompie
SAD
Deleted: Coritiba FC
Deleted: PSV
Deleted: Real Betis Balompie
SAD
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
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III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by X is accepted.
Deleted: Coritiba FC
2.
Y has to pay the amount of EUR 16,250 to X within 30 days as from the date of
notification of this decision.
Deleted: Real Betis Balompie
SAD
Deleted: Coritiba F
Deleted: C
4.
If the sum of EUR 16,250 is not paid by Y within the aforementioned deadline,
interest at the rate of 5% per year will apply as of expiry of the stipulated time
limit and the present matter shall be submitted to FIFA’s Disciplinary Committee.
5.
Y is directed to inform X immediately of the account number to which the
remittance is to be made and to notify the Dispute Resolution Chamber of every
payment received.
Deleted: Real Betis Balompie
SAD
Z has to reimburse the amount of EUR 16,250 to Y within 30 days as from the date
of notification of this decision.
Deleted: PSV
6.
7.
If the sum of EUR 16,250 is not paid by Z within the aforementioned deadline,
interest at the rate of 5% per year will apply as of expiry of the stipulated time
limit and the present matter shall be submitted to FIFA’s Disciplinary Committee.
Deleted: Real Betis Balompie
SAD
Deleted: Coritiba FC
Deleted: Real Betis Balompie
SAD
Deleted: PSV
Deleted: ¶
8.
9.
X is directed to inform Z immediately of the account number to which the
remittance is to be made and to notify the Dispute Resolution Chamber of every
payment received.
Deleted: Real Betis Balompie
SAD
Deleted: PSV
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
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
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
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For the Dispute Resolution Chamber:
_________________
Jérôme Valcke
General Secretary
Enclosed: CAS directives
Deleted: Solidarity contribution
in connection with the player,
Robert Pinho de Souza¶
(Coritiba FC / Real Betis
Balompie SAD – PSV)
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