Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 July 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium) member
Philippe Diallo (France) member
Gerardo Movilla (Spain) member
Philippe Piat (France) member
on the claim presented by the
Club X, Italy
as Claimant
against the
Club Y, Turkey
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
I.
Facts of the case:
1.
The player A, born on 17 August 1977, was registered with X., the Claimant, from
16 July 1999 to 21 July 2000, for 1 season between the ages of 21 and 22.
Moreover, the Claimant loaned the player to FC R during the season 2000/2001
and 2001/2002.
2.
The Claimant is claiming its portion of the 5 % payment established in article 25 of
the FIFA Regulations for the Status and Transfer of Players (edition 2001)
regarding the contribution to the solidarity mechanism related to the transfer of
the federative rights to the player A from FC R to Y, the Respondent.
3.
According to the aforementioned Regulations, the new club concerned is to
distribute 5% of the compensatory amount paid to the player’s former club to the
club(s) where the player has played between the ages of 12 and 23. In the present
case, between 1989 and 2000.
4.
The FIFA administration requested the Respondent to pay the relevant share of
the solidarity contribution to the Claimant or to provide valid reasons for not
doing so, but the Respondent has failed to respond to this injunction and has
ignored every letter sent to it, except for providing a copy of the relevant transfer
agreement signed with FC R related to the transfer of the federative rights to the
player A.
5.
According to article 3 in connection with article 5 of the relevant undated transfer
agreement the player was definitely transferred from FC R to the Respondent as
from 1 July 2003 for the amount of USD 1,950,000.
II.
Considerations of the Dispute Resolution Chamber:
1.
The Dispute Resolution Chamber commenced its deliberations by referring to Art.
25 of the FIFA Regulations for the Status and Transfer of Players [edition 2001]
(hereinafter: the Regulations), according to which it falls within the purview of the
Dispute Resolution Chamber to review disputes concerning the distribution of the
solidarity contribution. Consequently, the Chamber established that it was
competent to deal with the present litigation.
2.
In this sense, the Chamber acknowledged that, as further established in the Art.
25 of the Regulations, the new club concerned is to distribute 5% of any
compensation paid to the previous club to the club(s) where the player has played
between the ages of 12 and 23.
3.
In the present case, the Chamber outlined that the period to be taken into
consideration went from 1989, when the player was 12, until 2000, at the age of
23.
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4.
The Chamber made further reference to Art. 10 of the Regulations governing the
Application of the Regulations for the Status and Transfer of Players [edition
2001], which provides the figures for the distribution of the solidarity
contribution, according to the time the player was effectively trained by the clubs
involved.
5.
In the case at hand, the player was registered for the Claimant from 16 July 1999
to 21 July 2000 when the player was at the ages of 21 and 22. Moreover, the
Chamber acknowledged that the player was loaned from the Claimant to FC R for
two seasons as from 2000 to 2002. Consequently, the Chamber concluded that the
period of effective training by the Claimant to be taken into account corresponds
to 1 year.
6.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in Art. 10 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players [edition 2001], the Claimant is
entitled to receive 10% of the 5% of the compensation paid in relation to the
transfer of the federative rights to the player from FC R to the Respondent.
7.
The Chamber acknowledged that according to the duly signed transfer contract
provided the player was transferred from FC R to the Respondent for the amount
of USD 1,950,000.
8.
Finally, the Chamber reproached the behaviour of the Respondent, who never
took position in the dispute, despite having been asked to do so by the FIFA
administration on several occasions. In this way the Respondent renounced to its
right to defence and accepted the allegations of the Claimant. Yet, the deciding
body appreciated that the Respondent had at least presented a copy of the
transfer agreement it had concluded with FC R.
9.
Taking into account all of the above, the Dispute Resolution Chamber decided
that the Respondent must pay to the Claimant 10% of the 5% of the transfer
compensation paid in relation to the transfer of the player, A, from FC R to the
Respondent, i.e. the amount of USD 9,750.
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 9,750 to the Claimant.
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.
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4.
If the aforementioned sum is not paid within the aforementioned deadline an
interest rate of 5% per year will apply and the present matter shall be submitted
to FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may
be imposed.
5.
The Claimant is directed to inform the Respondent directly and 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. 60 par. 1 of the FIFA Statutes this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 10 days of receiving notification of this decision
and has to contain all elements in accordance with point 2 of the directives issued
by the CAS, copy of which we enclose hereto. Within another 10 days following
the expiry of the time limit for the filing of the statement of appeal, the appellant
shall file with the CAS a brief stating the facts and legal arguments giving rise to
the appeal (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
For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
Encl.
CAS directives
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