Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 May 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Gerardo Movilla (Spain), member
John Didulica (Australia), member
Paulo Amoretty Souza (Brazil), member
Ivan Gazidis (USA), member
on the claim presented by the club
X,
represented by
as Claimant
against the club
Y,
as Respondent
regarding the solidarity contribution related to
the transfer of the player A
I.
Facts of the case:
1.
The Football Association of the XXXX confirmed that the player A, born on 26
April 1974, was registered with its member club X., the Claimant, from 7 October
1993 until 14 July 1998, that is, for 5 seasons between the ages of 19 and 24.
2.
According to a copy of the transfer agreement provided to FIFA and concluded
between xxxxxxx and Y the player was transferred in November 2003 for the
amount of EUR 300,000.
3.
On 30 June 2005, the Claimant contacted FIFA claiming its portion of the solidarity
contribution amounting to 40% of 5% of the transfer compensation paid by Y,
the Respondent, for the transfer of the player A plus 5% interest for late payment.
4.
On 8 October 2005, the Respondent explained that there is no written contract in
connection to the transfer of the player from xxxxx to them. Nevertheless, the
Respondent affirmed that during the negotiations with xxxxx regarding another
player, xxxx, it agreed with xxxxx to transfer the player A for the amount of EUR
100,000.
5.
On 1 November 2005, the Claimant explained that according to the UEFA internet
site, the Respondent paid EUR 2,000,000 for the transfer of both players, A and
xxxxx. Therefore, the Claimant deems that since the Respondent has not provided
any evidence in connection to the amount paid for the transfer of the player A the
amount published on the internet should be taken into account, i.e. EUR 1,000,000
for each player.
6.
As a result, the Respondent requests solidarity contribution in the amount of
EUR 20,000 corresponding to 2% of the alleged transfer compensation amounting
to EUR 1,000,0000 plus 5% default interest.
7.
On 29 November 2005, the Football Association of xxxxx provided FIFA with a copy
of the relevant transfer agreement concluded between xxxxx and the Respondent
regarding the player A, which clearly establishes that the player was transferred
from xxxx to the Respondent in November 2003 for the amount of EUR 300,000.
8.
The Respondent referred to its previous statement and again argued that it
agreed with xxxxx to pay the amount of EUR 100,000 as transfer compensation for
the player A.
9.
The Dispute Resolution Chamber is asked to decide on the amount due to the
Claimant as solidarity contribution, if any.
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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 2005,
as a consequence the Chamber concluded that the previous Procedural Rules
(edition 2001) on matters pending before the decision making bodies of FIFA are
applicable on the matter at hand.
2.
With regard to the competence of the Chamber, art. 25 par. 2 of the FIFA
Regulations for the Status and Transfer of Players (edition 2001) establishes that, it
falls within the purview of the Dispute Resolution Chamber to review disputes
concerning the distribution of the solidarity contribution.
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 A 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 December 2004. Equally the Chamber took note that the claim was
lodged at FIFA on 30 June 2005. In view of the aforementioned, the Chamber
concluded that the former FIFA Regulations for the Status and Transfer of Players
(edition 2001, 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 as further established in the article 25
of the Regulations, 5% of any compensation paid to the previous club will be
distributed to the club(s) involved in the training and education of the player
where the player has played between the age of 12 and 23 if a non-amateur
player moves during the course of a contract.
6.
In the present case, the Chamber outlined that according to the confirmation of
the Football Association of xxxxx the player A, born on 26 April 1974, was
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registered with the Claimant from 7 October 1993 until 14 July 1998 that is, for 5
seasons between the ages of 19 and 24.
7.
The Chamber duly noted that the Claimant is requesting solidarity contribution
amounting to 40% of 5% of the transfer compensation paid by the Respondent
for the transfer of the player A plus 5% interest for late payment. Moreover, the
Chamber acknowledged that the Respondent is not contesting the Claimant’s
entitlement to receive its proportion of the solidarity contribution, however, the
parties have contradictory opinions with regard to the amount of transfer
compensation based on which the solidarity compensation should be calculated.
8.
In this respect, the Chamber took into account that, on the one hand, the
Claimant requests that its proportion of the solidarity compensation should be
calculated based on the information provided by the UEFA internet site, i.e.
EUR 1,000,000. On the other hand, the Chamber noted that the Respondent
argued that it agreed with xxxxx to pay the amount of EUR 100,000 as transfer
compensation for the player A.
9.
The Chamber established that irrespective of the fact whether it pronounces itself
to the question if the allegations of both parties with regard to the relevant
amount allegedly paid for the transfer of the player have been sustained with
enough documentary evidence or not, it has to be concluded that the relevant
compensation amounted to EUR 300,000 in accordance with the relevant transfer
contract provided by the Football Association xxxxxxx.
10.
In view of the above, the Chamber concluded that the relevant proportion of
solidarity compensation has to be calculated based on the amount of EUR 300,000
agreed between the Respondent and xxxxx as transfer compensation for the
player A in accordance with the relevant contract provided by the Football
Association of xxxxx.
11.
In continuation, 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.
12.
Consequently, in light of the fact that this payment has been due since the thirtyfirst day after the transfer took place, respectively the player’s registration, i.e. by
the end of November 2003, respectively by the beginning of December 2003 at the
latest, the Dispute Resolution Chamber established that a default interest payment
of 5% p.a. as from 1 January 2004 at the latest, must be applied.
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13.
Taking into account all of the above the Dispute Resolution Chamber decided that
the Respondent must pay to the Claimant 40% of the 5% of the transfer
compensation paid in relation to the transfer of the player A from xxxxx to the
Respondent, i.e. EUR 6,000, plus 5 % interest per year on the aforesaid amount as
from 1 January 2004 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 partially accepted.
2.
The Respondent, Y, has to pay the amount of EUR 6,000 plus 5 % interest per year
on the aforesaid amount as from 1 January 2004 and applicable until the effective
date of payment.
3.
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.
4.
Any further claims lodged by the Claimant are rejected.
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 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. 60 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
5
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:
Urs Linsi
General Secretary
Encl.
CAS directives
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