Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 22 June 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), Member
Essa M. Saleh Al-Housani (United Arab Emirates), Member
Philippe Piat (France), Member
Joaquim Evangelista (Portugal), Member
on the dispute between the club
Xxx, Xxx,
represented by Mr Xxx, Attorney at Law,
as Claimant
against the club
Xxx, Xxx,
as Respondent
regarding solidarity contribution relating to the transfer of the player
Xxx
I.
Facts of the case
1.
According to the official confirmation issued by the Xxx Football Confederation,
dated 21 May 2007, the Xxx player, Xxx (hereinafter: the Player), born on 12
September 1977, was registered for the Xxx club, Xxx, from 1 April 1999 until 24
June 1999, at the age of 21.
2.
On 14 February 2005, the Player was allegedly transferred from the Xxx club, Xxx,
to the Xxx club, Xxx (hereinafter: the Respondent), for an unknown amount of
transfer compensation.
3.
On 17 February 2005, the Player was registered at the Xxx Football Federation for
its affiliated club, the Respondent.
4.
On 8 November 2005, the Xxx club, Xxx (former Xxx; hereinafter: the Claimant),
lodged a claim at FIFA requesting from the Respondent 5% of 5% of the transfer
compensation which was allegedly paid for the transfer of the Player from the Xxx
club, Xxx, to the Respondent, plus default interest at a rate of 5% as from the date
on which the solidarity contribution allegedly fell due.
5.
In its response, the Respondent denies having to pay the solidarity contribution in
dispute, affirming that the Claimant is not included in the Player’s career history.
Furthermore, the Respondent argues that the Player was not maintaining an
employment contract with the Xxx club, Xxx, but with the Xxx club, Xxx, by the
time he was transferred to the Respondent.
6.
In continuation, the Claimant states that, in 2002, its former name, Xxx, has been
changed to Xxx. By its declaration dated 12 May 2006, the Xxx Football
Confederation confirmed the said change of name.
7.
On 11 April, 19 May and 17 July 2006, in order to enable the Dispute Resolution
Chamber to duly consider the present affair, the Respondent was asked to provide
FIFA with its comments in this respect, in particular, with a copy of the transfer
agreement it signed with the Player’s former club.
8.
The Respondent omitted to expose any further statement. In particular, it failed to
provide FIFA with the relevant transfer agreement on the basis of which the
solidarity contribution could have been determined.
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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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 8 November
2005, as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) 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. 3 par. 1 of the abovementioned 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 connection 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 Player 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 Player had been
registered for his new club on 14 February 2005. Equally, the Chamber took note
that the claim was lodged at FIFA on 8 November 2005. In view of the
aforementioned, the Chamber concluded that the former FIFA Regulations for the
Status and TRansfer of Players (edition 2001, hereinafter: the Regulations) are
applicable on the case at hand as to the substance.
5.
Once its competence was thus established, the Dispute Resolution Chamber went
on to deal with the substance of the matter.
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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6.
The Chamber emphasized that, as established in art. 25 of the Regulations in
connection with art. 10 and 11 of the Regulations governing the Application of
the Regulations, as a general rule, the new club, to which a non-amateur player
moves during the course of an employment contract with his former club, is
responsible for the distribution of 5% of the compensation paid to the player’s
former club to the club(s) involved in the training and education of the player
between the ages of 12 and 23.
7.
In continuation, the members of the Chamber duly analysed all of the
documentation presented in the case at hand and concluded that the Chamber is
not in a position to accurately deal with the substance of the present matter on
the basis of the documents currently in its possession.
8.
In particular, the Chamber noted that the relevant file does not contain any
document pertaining to the transfer compensation paid by the Respondent, if any,
to the Player’s former club in connection with the international transfer of the
Player. In this respect and for the sake of clearness, the Chamber recalled that the
amount of solidarity contribution is calculated on the basis of the compensation
paid by the Player’s new club, the Respondent, to the Player’s former club.
9.
Equally, the Chamber noted that the Respondent has not contested the signing of
a transfer agreement with the Player’s former club over the transfer of the Player.
10.
In this regard, the members of the Chamber unanimously reproached the conduct
of the Respondent, which has never presented a copy of the relevant transfer
agreement concluded between the Respondent and the Player’s former club, in
spite of having been asked to do so by FIFA repeatedly.
11.
As a consequence, the Dispute Resolution Chamber decided that the Respondent
must send to FIFA a copy of the relevant transfer agreement signed between the
Respondent and the Player’s former club over the transfer of the Player.
III.
Decision of the Dispute Resolution Chamber
1.
The Respondent, Xxx, must send to FIFA a copy of the relevant transfer agreement
signed between it and the Player’s, Xxx, former club over the transfer of the
Player, Xxx, within 30 days as from the date of notification of the present
decision.
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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2.
Should the relevant transfer agreement not be sent to FIFA within the stated time
limit, the case will immediately be submitted to the FIFA Disciplinary Committee,
so that the necessary disciplinary measures may be imposed.
For the Dispute Resolution Chamber:
Jérôme Valcke
General Secretary
Solidarity contribution for the transfer of the player Xxx
(Club Xxx, Xxx / Club Xxx, Xxx)
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