Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 13 June 2008,
in the following composition:
ALOULOU Slim (Tunisia), Chairman
MC GUIRE Mick (England), member
COLUCCI Michele (Italy), member
VIEIRA ROCHA Caio Cesar (Brazil), member
MAJAVU Zola (South Africa), member
on the claim presented by the club
U
as Claimant
against the club
R
as Respondent
regarding the solidarity contribution for the transfer of the player J
I.
Facts of the case
1.
According to an official confirmation issued by the B Football Confederation the
B player, J (hereinafter: the player) was registered for the club, U (hereinafter:
the Claimant), from 12 November 1999 until 31 August 2001.
2.
In August 2006, the player was transferred from the club, F, to the club R
(hereinafter: the Respondent) for a transfer compensation in the amount of USD
2,600,000.
3.
On 24 August 2006, the player was registered at the S Football Federation for its
affiliated club, the Respondent.
4.
On 7 March 2007, the Claimant lodged a claim at FIFA against the Respondent
requesting 20% of 5% of the compensation paid for the relevant transfer of the
player as solidarity contribution plus default interest at a rate of 5% as from the
day on which the payment fell due.
5.
In its late position, the Respondent agreed to pay 17,27% of 5% of the transfer
compensation paid as solidarity contribution, corresponding to the amount of
USD 22,451, to the Claimant.
6.
Subsequently, the Claimant omitted to express itself again after it had previously
requested that the matter should be submitted to the Dispute Resolution
Chamber for consideration and a formal decision.
7.
The relevant payment has not been made yet by the Respondent.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent
to deal with the case at hand. In this respect, it took note that the present
matter was submitted to FIFA on 7 March 2007. Consequently, the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (edition 2005; hereinafter: Procedural Rules) are applicable
to the matter at hand (cf. art. 18 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. (d) of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber is competent to decide on
the present litigation with an international dimension concerning the
Solidarity contribution for the transfer of the player J
(U / Club R)
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distribution of the solidarity contribution claimed by the Claimant in connection
with the transfer of the professional player, J, during the course of a contract.
3.
Furthermore, and taking into consideration that the player was registered with
his new club on 24 August 2006, the Chamber analysed which regulations should
be applicable as to the substance of the matter. In this respect, it confirmed that
in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and
Transfer of Players (edition 2008), and considering that the present claim was
lodged on 7 March 2007, the previous version of the regulations (edition 2005;
hereinafter: Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The
members of the Chamber started by acknowledging that the Claimant claimed
20% of 5% of the transfer compensation in the amount of USD 2,600,000 paid
by the Respondent to F as solidarity contribution plus default interest at a rate of
5% as from the moment on which the payment fell due.
5.
In this regard, the Chamber took note that, in the meantime the Respondent had
agreed to pay 17,27% of 5% of the transfer compensation, corresponding to the
amount of USD 22,451, as solidarity contribution to the Claimant. Furthermore,
the Chamber noted that the Claimant had not accepted this amount as being the
one due as solidarity contribution but requested that the matter should be
submitted to the Dispute Resolution Chmaber for consideration and a formal
decision.
6.
As a result of the above, the Chamber concluded that with regard to the amount
payable as solidarity contribution no agreement had been reached between the
parties involved. Equally, the Chamber acknowledged that no payment had been
made by the Respondent.
7.
In continuation, the members of the Chamber emphasised that, as established in
art. 21 of the Regulations in connection with annex 5 of the Regulations, the
new club of the player shall distribute 5% of any compensation, with the
exception of training compensation, paid to the player’s former club to the
club(s) involved in the training and education of the player in proportion to the
number of years the player has been registered with the relevant clubs between
the sporting seasons of his 12th and 23rd birthdays.
8.
In this regard, the Chamber acknowledged that the amount of USD 2,600,000
had been paid as transfer compensation.
Solidarity contribution for the transfer of the player J
(U / Club R)
3
9.
Furthermore, the Chamber outlined that the period to be taken into
consideration has to be determined in accordance with the confirmation issued
by the B Football Confederation. In this respect, the Chamber acknowledged that
the player was registered for the Claimant from 12 November 1999 until 31
August 2001, i.e. during 2 months of the season of his 17th birthday, the entire
season of his 18th birthday and 8 months of the season of his 19th birthday.
10.
In view of the above, the Chamber concluded that the Claimant is entitled to
receive the proportion of 18,32% of 5% of the amount of USD 2,600,000, i.e. the
amount of USD 23,816, as solidarity contribution.
11.
Moreover, the Chamber decided that the Claimant should be awarded the
claimed default interest at a rate of 5% per year as from the date on which the
amount of USD 23,816 payable as solidarity contribution fell due, i.e. on 24
September 2006. In this respect, the Chamber referred to art. 2 par. 1 of annex 5
of the Regulations, according to which the new club shall pay solidarity
contribution no later than 30 days after the player’s registration (24 August
2006).
12.
In conclusion, the Chamber decided that the Respondent must pay the amount
of USD 23,816 plus default interest at a rate of 5% per year as from 24
September 2006 to the Claimant and, thus, the Claimant’s claim is partially
accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, U, is partially accepted.
2.
The Respondent, R, must pay the amount of USD 23,816 plus default interest at a
rate of 5% per year as from 24 September 2006 to the Claimant, U, within 30
days as from the date of notification of this decision.
3.
In the event that the above-mentioned amount is not paid within the stated
deadline, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee, so that the necessary disciplinary sanctions may be
imposed.
4.
Any further claim of the Claimant, U, is rejected.
5.
The Claimant, U, is instructed to inform the Respondent, R, immediately and
directly of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber of every payment received.
Solidarity contribution for the transfer of the player J
(U / Club R)
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***
Note relating to the motivated decision (legal remedy):
According to art. 63 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:
Court of Arbitration for Sport
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:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
Solidarity contribution for the transfer of the player J
(U / Club R)
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