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
S
as Claimant
against the club
M
as Respondent
regarding the solidarity contribution for the transfer of the player B
I.
Facts of the case
1.
According to the official confirmation issued by the Football Federation B, the
player, B (hereinafter: the player), born on 31 August 1984, was registered for
the club, S (hereinafter: the Claimant), during the sporting seasons 2000/2001,
2001/2002 and 2002/2003.
2.
In July/August 2006, the player was allegedly transferred from the club, K, to the
club, M (hereinafter: the Respondent) for a transfer compensation in the amount
of EUR 1,500,000.
3.
On 17 December 2006, the Claimant lodged a claim at FIFA against the
Respondent and claimed the amount of EUR 22,500 as solidarity contribution,
corresponding to 30% of 5% of the transfer compensation which was allegedly
paid for the relevant transfer of the player.
4.
Subsequently, the Respondent omitted to provide FIFA with its position to the
Claimant’s claim despite of having been repeatedly invited to do so, in particular,
on 9 February, 16 August and 17 December 2007.
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 17 December 2006. 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
distribution of the solidarity contribution claimed by the Claimant in connection
with the transfer of the professional player, B, during the course of a contract.
3.
Furthermore, and taking into consideration that the player was apparently
registered with his new club in July/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 17 December 2006, the previous version of
the regulations (edition 2005; hereinafter: Regulations) is applicable to the
matter at hand as to the substance.
Solidarity contribution for the transfer of the player B
(Club S / Club M)
2
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 claims
30% of 5% of the transfer compensation in the amount of EUR 1,500,000
allegedly paid by the Respondent to K, corresponding to the amount of EUR
22,500, as solidarity contribution.
5.
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.
6.
In this regard, the Chamber the Chamber observed that the Respondent never
took position in the dispute, despite having been asked to do so by FIFA on
several occasions and underlined that in this way the Respondent renounced to
its right to defence. As a consequence, the Chamber deemed that the
Respondent accepted the allegation of the Claimant as to the amount paid as
transfer compensation in the amount of EUR 1,500,000.
7.
Furthermore, the Chamber outlined that the period to be taken into
consideration for the calculation of the relevant amount of solidarity
contribution has to be determined in accordance with the confirmation issued by
the Football Federation of B.
8.
In this respect, the Chamber acknowledged that the player was registered for the
Claimant during the sporting seasons 2000/2001, 2001/2002 and 2002/2003, i.e.
during the entire season 2000/2001 (the season of his 16th birthday), the entire
season 2001/2002 (the season of his 17th birthday), the entire season 2002/2003
(the season of his 18th birthday).
9.
In view of all of the above, the Chamber concluded that the Claimant is entitled
to receive the proportion of 30% of 5% of the amount of EUR 1,500,000 as
solidarity contribution. Therefore, the Chamber decided that the Respondent
must pay to the Claimant the amount of EUR 22,500 and, thus, the Claimant’s
claim is accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, S, is accepted.
2.
The Respondent, M, must pay the amount of EUR 22,500 to the Claimant, S,
within 30 days as from the date of notification of this decision.
Solidarity contribution for the transfer of the player B
(Club S / Club M)
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3.
In the event that the above-mentioned amount is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned time limit and the present matter shall be submitted, upon
request, to FIFA’s Disciplinary Committee, so that the necessary disciplinary
sanctions may be imposed.
4.
The Claimant, S, is instructed to inform the Respondent, M, 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.
***
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 B
(Club S / Club M)
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