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
on the claim presented by
the club, X, XX,
as Claimant
against
the club, Y, YY,
as Respondent
regarding solidarity contribution related to the transfer of the player
Z.
I.
Facts of the case
1.
According to a certificate issued by the Football Association of XX, the player, Z, born
on 5 October 1978, was registered as an amateur for the club, X, the Claimant, from
11 July 1996 to 29 July 1997 and again from 14 January 1999 to 13 January 2004. In
continuation, as from 13 January 2004, the player in question was registered as a nonamateur for the club, A.
2.
On 30 June 2006, X, via the Football Association of XX, lodged a claim against the
club, Y, the Respondent, for solidarity contribution on the basis of the international
transfer of the player concerned from the club, A, to the Respondent and of art. 21 of
the FIFA Regulations for the Status and Transfer of Players (2005 edition). According
to the Claimant, the player in question was transferred from A to Y for the sum of
USD 400,000. Before contacting FIFA, the Claimant had claimed, without success, the
sum of USD 9,033.82 from the Respondent as follows:
- USD 1,948.41 for the season of the player’s 18th birthday,
- USD 153.44 for the season of the player’s 19th birthday,
- USD 931.97 for the season of the player’s 20th birthday,
- USD 2,000 for the season of the player’s 21st birthday,
- USD 2,000 for the season of the player’s 22nd birthday,
- USD 2,000 for the season of the player’s 23rd birthday.
This amount is included in the present claim lodged by the Claimant in front of the
Dispute Resolution Chamber.
3.
According to the Football Federation of YY, the player Z was registered for the
Respondent on 27 January 2006.
4.
In letters dated 8 August 2006 and 1 September 2006, FIFA – via the intermediary of
the Football Federation of YY – instructed the Respondent either to pay the relevant
solidarity contribution to the Claimant or to present reasons justifying a possible
refusal to do so. FIFA did not receive any reply to these letters.
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 30 June 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 (hereinafter: the
Procedural Rules) are applicable to the matter at hand.
Solidarity contribution for the player Z
(Club X, XX / Club Y, YY)
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2.
With regard to the competence of the Chamber, art. 3 par. 1 of the above-mentioned
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 the Claimant in connection with the transfer of the professional Z 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 the
Respondent on 27 January 2006. Equally, the Chamber took note that the claim was
lodged at FIFA on 30 June 2006. In view of the aforementioned, the Chamber
concluded that the current FIFA Regulations for the Status and Transfer of Players
(edition 2005, hereinafter: 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 to carefully study the facts outlined above and emphasized that, as
established in article 21 of the Regulations in combination with art. 1 of the Annex 5
of the Regulations, the new club to which a player was transferred during the course
of his contract has to distribute 5% of any compensation paid to the player’s former
club to the club(s) involved in the training and education of the player between the
seasons of his 12th and 23rd birthday.
6.
The Chamber subsequently took into account that, according to the Football
Association of XX, the player in question was born on 5 October 1978 and registered
with the Claimant for the first time as from 11 July 1996 to 29 July 1997 and, later on,
as from 14 January 1999 to 13 January 2004.
7.
Moreover, the members of the Chamber noted that, according to the Claimant, the
player was transferred from the club, A, to the Respondent for a transfer
compensation amounting to USD 400,000.
8.
As a next step, and turning its attention to the Respondent, the members of the
Chamber noted that the Respondent never took position on the Claimant’s claim
Solidarity contribution for the player Z
(Club X, XX / Club Y, YY)
3
despite having been asked to do so by FIFA on several occasions. The members of the
Chamber unanimously concurred that, in this way, the Respondent renounced its
right to defence and tacitly accepted all the allegations made by the Claimant.
Furthermore, the Chamber agreed that a decision shall be taken upon the basis of the
documents on file in accordance with art. 9 par. 3 of the Procedural Rules.
9.
Taking into account the documents on file, the Chamber agreed that the Claimant is
entitled to receive solidarity contribution on the basis of art. 21 and annex 5 of the
Regulations.
10.
Consequently, the Chamber proceeded with the calculation of the amount of
solidarity contribution payable by the Respondent to the Claimant. In this regard, the
Chamber decided that the uncontested transfer compensation of USD 400,000 shall
be taken as the basis for the relevant calculation.
11.
Taking into account the aforementioned periods of time that the player was
registered with the Claimant, the Chamber concluded that 45% of the 5% solidarity
contribution shall be apportioned to the Claimant.
12.
Consequently, as it was determined by the Chamber that the amount of USD 400,000
shall be at the basis of the relevant calculation, the members of the Chamber came to
the conclusion that the Claimant is entitled to solidarity contribution to the amount
of USD 9,000 (45% of 5% of USD 400,000).
13.
In light of all of the above, the Chamber decided that the Respondent is liable to pay
the amount of USD 9,000 as solidarity contribution to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is partially accepted.
2.
The Respondent, Y, has to pay the amount of USD 9,000 to the Claimant, X.
3.
The amount due to the Claimant has to be paid by the Respondent within 30 days
as from the date of notification of the present decision.
4.
If the Respondent fails to comply with the above-mentioned deadline, an interest rate
of 5% per year will apply as of expiry of the stated time limit and the case will
immediately be presented to the FIFA Disciplinary Committee for its consideration
and decision.
Solidarity contribution for the player Z
(Club X, XX / Club Y, YY)
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5.
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.
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:
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 player Z
(Club X, XX / Club Y, YY)
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