Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 July 2005,
in the following composition:
Slim Aloulou (Tunisia), chairman
Jean-Marie Philips (Belgium), member
Philippe Diallo (France), member
Gerardo Movilla (Spain), member
Philippe Piat (France), member
on the claim presented by
A
as Claimant
against
B
as Respondent
regarding the solidarity contribution related to the transfer of the player C
I.
Facts of the case
1.
Association D informed the FIFA Administration that the player C was born
on 7 February 1980 and registered for A, from 8 March 1995 until 30 June
2002, between the ages of 15 and 22.
2.
At the beginning of the 2004/2005 sporting season, club E and B concluded
an agreement for the transfer of C.
3.
A is presently claiming the implementation of the principles stipulated in
Art. 25 of the FIFA Regulations for the Status and Transfer of Players (edition
September 2001) regarding the contribution for the solidarity mechanism
related to the transfer of C to B.
4.
The total amount paid by B for the relevant transfer of C was EUR 750,000.
5.
According to the aforementioned Regulations, the new club concerned is to
distribute 5% of this compensatory amount to the club(s) where the player
has played between the ages of 12 and 23.
6.
As a consequence, A is presently claiming the payment of the outstanding
solidarity contribution in the present matter, from B.
7.
B has acknowledged having a debt regarding the distribution of the
solidarity contribution connected with the transfer of C, but to date, it has
failed to cancel any amounts in this respect.
II.
Considerations of the Dispute Resolution Chamber
1.
After a careful study of the facts and allegations outlined above, the Dispute
Resolution Chamber commenced its deliberations by referring to Art. 25 of
the FIFA Regulations for the Status and Transfer of Players (edition
September 2001), according to which, it falls within the purview of the
Dispute Resolution Chamber to review disputes concerning the distribution
of the solidarity contribution.
2.
Consequently, the Dispute Resolution Chamber established that it was the
competent body to decide on the present litigation concerning the solidarity
contribution claimed by A.
3.
Once its competence was thus established, the Dispute Resolution Chamber
went on to deal with the substance of the case.
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4.
The members of the Chamber carefully studied the facts outlined above and
emphasized that, as further established in the Art. 25 of the aforementioned
regulations, the new club to which a player is transferred during the course
of an employment contract with his previous club, is the club responsible for
the distribution of 5% of the compensation to the former club(s) where the
player has trained between the age of 12 and 23.
5.
The Chamber subsequently referred to Art. 10 of the Regulations governing
the Application of the FIFA Regulations, which provides the figures for the
distribution of the solidarity contribution, taking into consideration the time
the player was effectively trained by the club concerned.
6.
Considering that C was born on 7 February 1980 and registered with A, from
8 March 1995 until 30 June 2002, at the ages of 15, 16, 17, 18, 19, 20, 21 and
22, 70% of the 5% solidarity contribution shall be apportioned to this club.
7.
As it was ascertained that the amount paid by B to E for the transfer of C was
EUR 750,000, 70% of the 5% solidarity contribution amounts to EUR 26,250.
8.
In light of the above, the Chamber decided that B is liable to pay the amount
of EUR 26,250 to A.
Decision of the Dispute Resolution Chamber
1.
The claim of A is accepted.
2.
The Respondent B has to pay the amount of EUR 26,250 to the Claimant A.
3.
The amount due to A has to be paid by B within 30 days as from the date of
notification of the present decision.
4.
If the Respondent fails to comply with the above-mentioned deadline, an
interest rate of 5% per year will apply and the case will immediately be
presented to the FIFA Disciplinary Committee.
5.
The Claimant is directed to inform the Respondent 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. 60 par. 1 of the FIFA Statutes, this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal
must be sent to the CAS directly within 10 days of receiving notification of
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this decision and has to contain all elements in accordance with point 2 of the
directives issued by the CAS, copy of which we enclose hereto. Within
another 10 days following the expiry of the time limit for the filing of the
statement of appeal, the appellant shall file with the CAS a brief stating the
facts and legal arguments giving rise to the appeal (cf. point 4 of the
directives). The full address and contact numbers of the CAS are the
following:
Avenue de Beaumont 2
1012 Lausanne
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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