Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 1 June 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Philippe Diallo (France), member
Philippe Piat (France), member
Michele Colucci (Italy), member
on the claim presented by
Q Club
as Claimant
against
Club R
as Respondent
regarding the solidarity contribution related to the transfer of the player
D
./…
Facts of the case:
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The player D was born on 10 June 1981.
On 14 May 2004, the club Q presented a complaint at FIFA against the club R
regarding payment of the solidarity contribution in respect of the transfer of the
federative rights to the player D.
According to the Football Association, the player D was registered with the club
Q as of 26 February 1997 until 12 February 2002.
The player D was transferred from the club DM to the club R on 18 February
2004, when the player was 22 years old.
A transfer contract was signed by Club DM and R, in which the parties agreed on
a transfer amount totalling USD 1,800,000.
The Football Association provided the FIFA Administration with a copy of the
relevant transfer agreement concluded between DM and R. AFA remarked that
the transfer amount of USD 1,800,000 is established in the contract in clause 2
and clause 9. The clause 2 stated a direct payment to DM of USD 1,100,000 and
clause 9 established a payment of USD 700,000 to a company to which the club
DM owed economical benefits in relation with the transfer of the player D.
According to the article 25 of the FIFA Regulations for the Status and Transfer of
Players (edition September 2001), the new club concerned has to distribute 5 %
of this compensatory amount to the club(s) where the player has played
between the ages of 12 and 23. In the present case between the years 1993 and
2004.
In view of the above the club Q is claiming 50 % of the 5 % as solidarity
contribution.
The FIFA Administration requested the Respondent club R to pay the respective
amount of solidarity contribution to the club Q or to provide valid reasons for
not doing so.
The club R answered the FIFA Administration’s request stating that the solidarity
contribution was already included in the transfer compensation it had paid to
the club DM.
In continuation, the FIFA Administration informed the Respondent about the
constant jurisprudence of the Dispute Resolution Chamber that establishes a
strict application of the Art. 11 of the Regulations governing the Application of
the Regulations for the Status and Transfer of Players (edition September 2001).
No further reaction from the club R in that respect was then received.
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 Art. 1 point 6) of the Rules Governing
the Practice and Procedures of the Dispute Resolution Chamber.
The Dispute Resolution Chamber of the FIFA Players’ Status Committee shall review
disputes coming under its jurisdiction pursuant to Art. 42 of the FIFA Regulations for
the Status and Transfer of Players, edition September 2001, (hereinafter: the
Regulations) at the request of one of the parties to the dispute.
Distribution of the Solidarity Contribution for the Player D
(Q Club / Club R)
Page 2 of 5
According to art. 25 of the Regulations 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.
Subsequently , and entering into the substance of the matter the Chamber first
referred to article 25 of the Regulations, which establishes that the new club of the
player is obliged to distribute 5% of any compensation paid to the player’s previous
club to those club(s) where the player has played between the ages of 12 and 23.
In the present case, the Chamber outlined that the period to be taken into
consideration went from the sporting season 1993/1994, when the player was 12,
until the sporting season 2003/2004, at the age of 23.
At this stage, the Chamber wanted to remark that the Respondent stated that the
solidarity contribution was already paid together with the transfer compensation to
the club DM and for this reason it had not the obligation to pay solidarity
contribution to the Claimant.
In this respect, the Chamber referred to article 11 paragraph 1 of the Regulations
governing the Application of the Regulations for the Status and Transfer of Players
(edition September 2001) which states that the new club shall pay the amount due
as a solidarity contribution to the training club.
Furthermore, the deciding body recalled its well established jurisprudence, in
accordance with which, in cases like the one at hand it was established that the
player’s new club is ordered to remit the 5 % solidarity contribution to the club(s)
involved in the player’s training in strict application of article 11 of the Regulations
governing the Application of the Regulations for the Status and Transfer of Players
(edition September 2001). At the same time, the player’s new club may request the
player’s former club to reimburse 5 % of the compensation that it received from the
player’s new club.
In light of all the above, the Chamber concluded that on the basis of its
jurisprudence and in particular of a strict application of article 11 of the Regulations
Governing the Application of the Regulations (edition September 2001) it is the
responsibility of the new club, i.e. R, to pay the solidarity contribution to the clubs
involved in the player’s training, i.e. Q.
In continuation, 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 September 2001), which provides the figures for the distribution of the
solidarity contribution, according to the time the player was effectively trained by a
specific club.
Distribution of the Solidarity Contribution for the Player D
(Q Club / Club R)
Page 3 of 5
In the case at hand, the deciding body acknowledged that according to the
documents sent by the Football Association (AFA), the player D was registered for
the club Q from 26 February 1997 to 12 February 2002.
Consequently, the Chamber concluded that the period of effective training to be
taken into account in the light of the Regulations corresponds to 5 years, i.e. from
the 1997/1998 until 2001/2002 season.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in Article 10 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players (edition September 2001) and the
aforementioned reasons, the Claimant is entitled to receive 50% of the 5% of the
compensation paid in relation to the transfer of the federative rights to the player
D from the DM to the club R.
The Chamber noted that AFA had presented a copy of the transfer contract
concluded between DM and the club R. Therein it could be ascertained that the
amount paid for the transfer of the federative rights to the player was USD
1,800,000.
However, this amount was paid as follows:
- Clause 2 of the relevant contract stated a direct payment by R to the club DM
of USD 1,100,000 and
- Clause 9 of the same contract established a payment by the Respondent of
USD 700,000 to a company to which the club DM owed economical benefits
in relation with the transfer of the player D.
In this respect, the Chamber was of the unanimous opinion that, under these
circumstances, the entire amount of compensation paid by R for the acquisition of
the player’s federative rights has to be taken into consideration.
Therefore, the Chamber concluded that the amount of USD 1,800,000 has to be put
at the basis of the calculation of the solidarity contribution due to Q Club.
Taking into account all of the above the Dispute Resolution Chamber decided that
the Respondent must pay to the Claimant 50% of the 5% of the transfer
compensation paid in relation to the transfer of the player D from club DM to the R,
i.e. USD 45,000.
Distribution of the Solidarity Contribution for the Player D
(Q Club / Club R)
Page 4 of 5
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant Q Club is accepted.
2.
The Respondent R has to pay the amount of USD 45,000 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.
4.
In the event that the debt of the Respondent is not paid within the stated
deadline an interest rate of 5% per year will apply. Furthermore, the FIFA
Administration will be entitled to submit the file to the Disciplinary
Committee.
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. 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.
Distribution of the Solidarity Contribution for the Player D
(Q Club / Club R)
Page 5 of 5