Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 18 June 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Rinaldo Martorelli (Brazil), member
Mohamed Mecherara (Algeria), member
on a matter between the club
FC C,
as Claimant
and the club
FC D,
as Respondent
regarding the solidarity contribution related to the
transfer of the player B
I.
Facts of the case
1.
According to the player passport issued by the R Football Federation, the R player, B
(hereinafter: the player), born on 18 January 1978, was registered with the R club, FC C
(hereinafter: the Claimant), from 4 January 1987 until 1 August 1997.
2.
According to an official confirmation from the R Football Federation, the sporting
season in R for the relevant periods of time ran from 1 July until 30 June of the
following year.
3.
In January 2007, the player was transferred from the I club, CA F, to the R club, FC D
(hereinafter: the Respondent), for which he was registered on 31 January 2007.
4.
On 18 April 2007, the Claimant lodged a claim with FIFA against the Respondent
requesting from the latter its share of solidarity contribution amounting to EUR 22,500.
The Claimant based its claim on different press releases according to which the player
had been transferred to the Respondent for a total amount of EUR 750,000.
5.
Although asked by FIFA on numerous occasions to take position on the claim, the
Respondent did not submit any position.
6.
Subsequently, and only after the parties to the dispute had been duly informed by FIFA
that the matter would be submitted to its relevant decision-making body for
consideration and a formal decision based upon the documents on file, did the
Respondent provide FIFA with a copy of the transfer agreement it had signed with CA F.
Art. 1 of the relevant agreement stipulated that the amount of EUR 750,000 is to be
paid by the Respondent to CA F for the transfer of the player and furthermore
mentions that “The solidarity contribution of 5% in line with FIFA Regulations will be
the responsibility of FC D . FC D is not entitled to deduct said amount from the amounts
payable to the CA F ”.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analyzed 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 18 April 2007. Consequently, the 2005 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art.
18 par. 2 and 3 of the Procedural Rules and art. 21 par. 2 and 3 of the Rules Governing
the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
edition 2008).
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. (e) of the Regulations on the Status and Transfer of Players (edition 2008) the
Dispute Resolution Chamber is competent to decide on the present litigation
concerning the distribution of the solidarity contribution claimed by FC C in
connection with the transfer of the player B between two clubs belonging to different
associations.
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3.
Furthermore, and taking into consideration that the player was registered with his
new club on 31 January 2007, the Chamber analyzed 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 18 April
2007, the 2005 edition of the regulations (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 as established in art. 21 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.
5.
In continuation, the members of the Chamber noted that the Claimant claims from the
Respondent its share of solidarity contribution in relation to the transfer of the player
in the amount of EUR 22,500.
6.
Moreover, the Chamber duly noted that the Respondent never took position in the
dispute, although having been invited to do so by FIFA on several occasions.
Therefore, the Chamber deemed that in this way the Respondent renounced to its
right to defense and accepted the allegations of the Claimant (cf. art. 9 par. 2 of the
Procedural Rules).
7.
Notwithstanding the above, the Chamber took due note of the fact that the
Respondent provided a copy of the relevant transfer agreement concluded with CA F.
According to the said transfer agreement, the player concerned was transferred for
the amount of EUR 750,000.
8.
Furthermore, the Chamber took due note that the R Football Federation confirmed
that the player, born on 18 January 1978, was registered with the Claimant from 4
January 1987 until 1 August 1997.
9.
In view of the above and in accordance with art. 1 of the Annex 5 of the Regulations,
the Claimant is entitled to receive solidarity contribution for the period from
1989/1990 until 1997/1998.
10.
In view of all of the above, the Chamber concluded that the claim of the Claimant is
accepted and the latter is entitled to receive the amount of EUR 22,500 as solidarity
contribution in relation to the transfer of the player from CA F to the Respondent, i.e.
the Respondent must pay to the Claimant the amount of EUR 22,500.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, FC C, is accepted.
2.
The Respondent, FC D, has to pay the amount of EUR 22,500, to the Claimant, FC C,
within 30 days as from the date of notification of this decision.
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3.
If the aforementioned sum is not paid within the aforementioned deadline, an interest
rate of 5% per year will apply as of expiry of the fixed 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, FC C, is directed to inform the Respondent, FC D, 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:
__________________________________
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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