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
Xxx, Xxx,
represented by Mr Xxx, attorney at law,
as Claimant
against the club
Xxx, Xxx,
as Respondent
regarding a dispute for solidarity contribution in connection with
the transfer of the player Xxx.
I.
Facts of the case
1.
According to the confirmation issued by the Xxx Football Federation on 19 July
2006, the Xxx player, Xxx (hereinafter: the Player), born on 27 June 1979, was
registered for the Xxx club, Xxx (hereinafter: the Claimant), during the sporting
seasons 1993/1994, 1994/1995, 1995/1996, 1996/1997 and 1997/1998, the seasons
between his 15th and his 19th birthday.
2.
Moreover, the Player was allegedly registered for the Claimant during the sporting
seasons 1990/1991, 1991/1992 and 1992/1993, the seasons between his 12th and 14th
birthday. The Player’s registration during the aforementioned seasons is not
confirmed by the Xxx Football Federation, since no permanent records have been
kept.
3.
In July 2005, the Player was transferred from the Xxx club, Xxx, to the Xxx club,
Xxx (hereinafter: the Respondent), for an alleged transfer compensation in the
amount of EUR 900,000.
4.
On 6 December 2005, the Claimant lodged a claim against the Respondent at FIFA
and requested the payment of solidarity contribution in the amount of EUR
27,000, corresponding to 60% of 5% of the transfer compensation allegedly paid
for the transfer of the Player. The amount claimed is based on the alleged
registration of the player for the Claimant between the sporting seasons
1990/1991 and 1996/1997.
5.
In continuation, the Respondent, by its correspondence dated 21 December 2005,
agreed to pay the amount of EUR 27,000 as solidarity contribution to the
Claimant.
6.
Subsequently, the Respondent, after having received the confirmation issued by
the Xxx Football Federation which indicates that the Player was registered for the
Claimant during the sporting seasons 1993/1994, 1994/1995, 1995/1996, 1996/1997
and 1997/1998 only, refused to proceed with the payment of the solidarity
contribution for the seasons of training and education not officially confirmed by
the Xxx Football Federation (sporting seasons 1990/1991, 1991/1992 and
1992/1993).
7.
The Claimant insisted on its claim in the amount of EUR 27,000. In this respect, the
Claimant referred to the fact that the Respondent allegedly recognized the
amount claimed.
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
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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Resolution Chamber. The present matter was submitted to FIFA on 6 December
2005, 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, 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 connection 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 the Claimant in connection with the transfer of the
professional Player in question 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
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 2005. Equally the Chamber took note that the claim was
lodged at FIFA on 6 December 2005. 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 60% of
5% of the transfer compensation allegedly paid by the Respondent to the Xxx
club, Xxx.
6.
Furthermore, the Chamber duly noted that the Respondent did not contest the
amount of transfer compensation allegedly paid but, on the contrary, had
intended to pay the amount of EUR 27,000 (60% of 5% of EUR 900,000) as
solidarity contribution to the Claimant. Therefore, the Chamber deemed that the
Respondent accepted the allegation of the Claimant with regard to the amount
paid as transfer compensation, i.e. the amount of EUR 900,000.
7.
In this regard, the Chamber acknowledged that the Respondent had agreed to
pay the amount of EUR 27,000 without having been in possession of the entire
information regarding the period of time the Player was registered for the
Claimant. In particular, the Chamber took note that the Respondent, once in
receipt of the official confirmation issued by the Xxx Football Federation, refused
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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to pay the solidarity contribution for the seasons of training and education not
officially confirmed by the Xxx Football Federation, i.e. the sporting seasons
1990/1991, 1991/1992 and 1992/1993.
8.
As a consequence, the Chamber concluded that the previous acceptance of the
Respondent to pay the amount of EUR 27,000 as solidarity contribution cannot be
taken into consideration.
9.
In continuation, the members of the Chamber emphasised that, as established in
art. 21 of the Regulations in connection with annex 5 of the Regulations, the 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 birthdays.
10.
In this respect, the Chamber took due note that the Xxx Football Federation
confirmed that the Player, born on 27 June 1979, was registered with the
Claimant, during the sporting season 1993/1994 (the season of his 15th birthday),
1994/1995 (the season of his 16th birthday), 1995/1996 (the season of his 17th
birthday), 1996/1997 (the season of his 18th birthday) and 1997/1998 (the season of
his 19th birthday) but did not confirm that the Player was registered previously for
the Claimant. In particular, the Chamber acknowledged that no documentary
evidence at all was provided regarding the Player’s registration during the
sporting seasons 1990/1991 (the season of his 12th birthday), 1991/1992 (the season
of his 13th birthday) and 1992/1993 (the season of his 14th birthday).
11.
As a consequence, the Chamber concluded that the Player had been registered
with the Claimant during 5 entire sporting seasons.
12.
In view of all of the above, the Chamber decided that the Claimant is entitled to
receive the proportion of 45% of 5% of the amount of EUR 900,000 paid for the
relevant transfer of the Player, i.e. the Respondent has to pay to the Claimant the
amount of EUR 20,250 as solidarity contribution.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Xxx, is partially accepted.
2.
The Respondent, Xxx, has to pay the amount of EUR 20,250 to the Claimant, Xxx,
within 30 days as from the date of notification of this decision.
3.
In the event that the above-mentioned sum is not paid within the stated deadline,
an interest rate of 5% per year will apply as of expiry of the aforementioned
timeframe and the present matter shall be submitted to FIFA’s Disciplinary
Committee, so that the necessary disciplinary sanctions may be imposed.
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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4.
Any further claims of the Claimant, Xxx, are rejected.
5.
The Claimant, Xxx, is directed to inform the Respondent, Xxx, 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.
6.
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:
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
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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