Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 8 June 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Diallo (France), member
Percival Majavu (South Africa), member
Theo van Seggelen (Netherlands), member
John Didulica (Australia), member
on the claim presented by
the club, X, A,
as Claimant
against
the club, Y, B,
as Respondent
regarding a solidarity contribution dispute related
to the transfer of the player Q.
I.
Facts of the case
1.
The player, Q, was born on 26 July 1980.
2.
As confirmed by the Football Federation of A, the player was registered for the
Claimant, X, from 1 July 1999 until 30 January 2001.
3.
According to X, on 21 July 2005, the player Q was transferred from the club Z to
the club Y.
4.
On 1 February 2006, X contacted FIFA via its football federation. The club claimed
solidarity contribution for the seasons of the relevant player’s 19th to 21st birthday,
equivalent to 30% of the 5% solidarity contribution. In addition to this, the club
requested the payment of 5% interest per annum calculated as of August 2005
until the final decision in the present case is rendered.
5.
In response, Y maintained that it had only acquired a 70% share of the relevant
player’s “transfer rights” and did therefore not consider itself obliged to pay the
requested amount. In addition to this, Y stated that, even if it should be liable to
pay solidarity contribution to X, then only for two seasons, i.e. the seasons of the
player’s 19th and 20th birthday, since the player’s 21st birthday was on 26 July 2001
whereas his contract had already expired on 30 January 2001.
6.
X replied that, since Y had acquired 70% of the player’s “transfer rights”, the
calculation of the solidarity contribution in the case at hand had to be based on
the value paid by Y for this 70% share. X confirmed that in the present case
solidarity contribution was due for the seasons of the player’s 19th and 20th
birthday and concluded that Y had to pay 20% of the 5% solidarity contribution.
7.
In reaction thereto, Y reiterated its previous position.
8.
On 27 February 2007, upon request of FIFA, the Football Federation of B informed
FIFA that the player Q had been registered with Y on 24 August 2004 (apparently
on the basis of a loan for the season 2004/2005), 22 July 2005 and 1 July 2006.
9.
On 11 April 2007, the Football Federation of B provided FIFA with a copy of the
transfer agreement dated 28 June 2005 which was concluded between the club Z
and Y on the occasion of the definite transfer of the player Q to the club Y. By
means of the said contract, the parties inter alia agreed on a transfer
compensation of EUR 120,000 payable in five equal instalments of EUR 24,000
each, falling due on 15 July 2005, 15 January 2006, 15 July 2006, 15 January 2007
and 15 July 2007, respectively.
Solidarity Contribution for the player Q
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analyzed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 para. 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 1 February
2006, 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 para. 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 para. 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 club X in connection with the transfer of the
professional player Q during the course of an employment 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 para. 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 Q had been
registered with Y on 22 July 2005. Equally, the Chamber took note that the claim
was lodged at FIFA on 1 February 2006. In view of the aforementioned, the
Chamber concluded that the current FIFA Regulations for the Status and Transfer
of Players (edition 2005, hereafter: the Regulations) are applicable on the case at
hand as to the substance.
5.
Entering into the substance of the matter, the Dispute Resolution Chamber first of
all recapitulated that, pursuant to art. 21 of the Regulations and art. 1 para. 1 of
Annex 5 of the Regulations, if a professional is transferred before the expiry of his
contract, 5% of any compensation, with the exception of training compensation,
paid to his former club shall be deducted from the total amount of this
compensation and distributed by the new club as a solidarity contribution to the
club(s) involved in his training and education over the years. Furthermore, the
Chamber recalled that the solidarity contribution will reflect the number of years
Solidarity Contribution for the player Q
3
(calculated pro rata if less than one year) he was registered with the relevant
club(s) between the seasons of his 12th and 23rd birthdays.
6.
In continuation, the members of the Chamber acknowledged that, on the one
hand, X claimed solidarity contribution for the training of the player during the
seasons of his 19th and 20th birthday, allegedly amounting to 20% of the 5%
solidarity contribution. The Dispute Resolution Chamber furthermore considered
that, on the other hand, Y did not consider itself in debt of any solidarity
contribution for the player in question, since it had allegedly “not acquired the
totality of the player’s transfer rights but only a share of it, 70%”.
7.
In this respect, the Dispute Resolution Chamber first of all deemed fundamental to
emphasize that that the concept of “federative rights” to players has ceased to
exist as of 1 September 2001, date of the coming into effect of the completely
reviewed FIFA Regulations for the Status and Transfer of Players. It was replaced
by the principle of maintenance of contractual stability between the contracting
parties, i.e. professional players and clubs.
8.
Subsequently, the members of the Chamber took due note that the contracting
parties had agreed on a transfer compensation of EUR 120,000 payable in five
equal instalments of EUR 24,000 (cf. transfer agreement concluded between Z and
Y).
9.
On account of the above, and taking into consideration art. 21 of the Regulations
and art. 1 of Annex 5 of the Regulations, the Dispute Resolution Chamber decided
that the Respondent was indeed liable to pay solidarity contribution to X for the
training and education of the player Q during his period of registration with X,
thus from 1 July 1999 until 30 January 2001, which equals 15,83% of the 5%
solidarity contribution.
10.
With respect to the fact that the relevant transfer compensation is payable in
instalments, the Dispute Resolution Chamber also considered that, at the date of
the present decision, only four of the five instalments stipulated in the transfer
agreement in question had fallen due, amounting to EUR 96,000. Consequently,
and on account of art. 2 para. 1 of Annex 5 of the Regulations, the members of
the Chamber established that, by means of the present decision, Y could only be
ordered to pay solidarity contribution calculated on the basis of the amount of
EUR 96,000, thus totalling EUR 760, i.e. 4 x EUR 190.
11.
With regard to the last instalment of the transfer compensation falling due on 15
July 2007, the Dispute Resolution Chamber pointed out that, on the basis of art. 2
para. 1 of Annex 5 of the Regulations, Y would be liable to pay the corresponding
amount of solidarity contribution, namely EUR 190, to X 30 days after the date of
the contingent payment, namely on 15 August 2007.
Solidarity Contribution for the player Q
4
12.
Finally, taking into consideration the Claimant’s claim and bearing in mind that a
solidarity contribution payment of EUR 190 fell due within 30 days of the expiry of
each of the contingent payments, the Dispute Resolution Chamber decided that Y
was to pay 5% interest per year on the relevant solidarity contribution amounts of
EUR 190 each, starting on the day following the due dates of the relevant
contingent payments (i.e. 30 days after the date of each contingent payment as
per the transfer agreement; cf. art. 2 para. 1 of Annex 5 of the Regulations) and
applicable until the effective date of payment to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, X, is partially accepted.
2.
The Respondent, Y, has to pay solidarity contribution in the amount of EUR 760 (4
x EUR 190) to X within 30 days as of the date of notification of the present
decision. Within the same time limit, the Respondent must pay 5% interest per
year on the respective amounts of EUR 190 each as from 16 August 2005, 16
February 2006, 16 August 2006 and 16 February 2007, respectively, until the date
of the effective payment.
3.
In the event that the amount due is not paid within the indicated deadline, the
present matter shall be submitted to FIFA’s Disciplinary Committee for its
consideration and decision.
4.
Any further claim of the Claimant, X, is rejected.
5.
The Claimant, X, is instructed to inform the Respondent, Y, 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. 61 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:
Solidarity Contribution for the player Q
5
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
On behalf of the
Dispute Resolution Chamber:
Jérôme Valcke
General Secretary
Encl.
CAS directives
Solidarity Contribution for the player Q
6