Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 June 2005,
in the following composition:
Mr Slim Aloulou (Tunisia), Chairman
Mr Maurice Watkins (England), Member
Mr Theo van Seggelen (Netherlands), Member
on the claim presented by
x
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
Facts of the case:
The club X claims proportion of the Solidarity Contribution regarding the transfer of
the federative rights to the player A to Y.
The FIFA Administration informed X of the circumstances surrounding A’s transfer to Y.
In this respect, it was outlined that the amount remitted in favour of the club B did not
represent a transfer sum, but an amount of compensation the club Y, jointly liable with
A, had to pay to the B as compensation for the contractual breach committed by the
player, in accordance with Articles 21 §1(a) and 22 of the FIFA Regulations for the Status
and Transfer of Players (edition September 2001), as well as with Article 14 §3 of the
Regulations governing the Application of the aforementioned Regulations.
X asks the Dispute Resolution Chamber to establish whether or not the provisions
regarding the solidarity contribution apply to this case.
Considerations of the Dispute Resolution Chamber:
The members of the Dispute Resolution Chamber were summoned to pass a decision on
this matter by the Chairman pursuant to Article 1 point 6) of the Rules Governing the
Practice and Procedures of the Dispute Resolution Chamber.
After a careful study of the facts and allegations outlined above, the Dispute Resolution
Chamber commenced its deliberations by referring to article 25 of the FIFA Regulations
for the Status and Transfer of Players (edition 2001), according to which, it falls within
the purview of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution.
In view of the above, the Chamber concluded that it has jurisdiction to pass a decision
on this matter.
In this sense, as further established in the article 25 of the revised FIFA Regulations for
the Status and Transfer and of Players (edition September 2001), as well as with Article
11 §1 of the Regulations governing the Application of the aforementioned Regulations
the new club concerned is to distribute 5% of any compensation paid to the player’s
previous club to the club(s) where the player has played between the ages of 12 and 23.
In continuation, the Chamber focused its attention on the circumstances surrounding
Mr A’s move to Y.
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In this respect, the Chamber made reference to the decision it had previously reached,
whereby the player A was found guilty for having committed a breach of the
employment contract he had signed with B without just cause.
Furthermore, by means of this decision the player was condemned to pay B an amount
of compensation for the breach of the employment contract.
The Chamber took further note of the fact that, in October 2004, the player moved to
Y.
In this respect the Chamber acknowledged that, in the scope of the above change of
club following an unjustified breach of contract committed by the player concerned, Y
remitted the amount of EUR --- in favour of B.
The Chamber was eager to emphasise that such amount cannot be considered as a
transfer sum, but an amount Y, jointly liable with A, had to pay to B as compensation
for the contractual breach committed by the player, following the decision previously
reached by the Chamber, and in accordance with Articles 21 §1(a) and 22 of the FIFA
Regulations for the Status and Transfer of Players (edition September 2001), as well as
with Article 14 §3 of the Regulations governing the Application of the said Regulations.
In this regard, the Chamber pointed out that the fact that Y factually paid a certain
amount of money does not convert a compensation for contractual breach into a
transfer sum.
In light of the above, and in view of the fact that no transfer sum was paid, the
Chamber concluded that the provisions regarding the solidarity contribution do not
apply to this case.
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Decision of the Dispute Resolution Chamber
1. The claim of X is rejected.
2. 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
Enclosed: CAS directives
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