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 an affair between
Club X, Argentina
and
Club Y., Mexico
Club Z, England
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
I.
Facts of the case:
1.
The player A, born on 3 November 1981, was registered with X for the season
1997, between the ages of 15 and 16.
2.
The player was transferred from Z to the Mexican club Y on 1 July 2004 for the
amount of USD 1,500,000. A copy of the relevant transfer contract was submitted
to the FIFA administration.
3.
According to the article 25 of the FIFA Regulations for the Status and Transfer of
Players, 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. In the
present case, between 1993 and 2004.
4.
The club X is claiming the portion of 10% of the 5% payment established in article
25 of the FIFA Regulations for the Status and Transfer of Players (edition 2001)
regarding the contribution to the solidarity mechanism related to the transfer of
the federative rights to the player A from Z to the Mexican club Y.
5.
The club X affirmed that the player was transferred for the amount of USD
2,000,000.
6.
The Mexican club, Y, informed the FIFA administration that it paid the total
amount of USD 1,500,000 to Z and therefore the English club should either
reimburse them the 5% or pay the solidarity contribution directly to the
Argentinian club, X.
7.
The FIFA administration asked Y to distribute the relevant proportion relating to
the 5% solidarity contribution of the transfer compensation to the Argentinian
club. Furthermore, Z was invited to reimburse to Y the 5%.
8.
On 16 May 2005, Z informed the FIFA administration that the amount of USD
75,000, i.e. 5% of USD 1,500,000, is being held in the account of the Football
Associations until further instructions.
9.
The Argentinian club has still not received any compensation, i.e. the Mexican club
has still not paid any solidarity contribution to X.
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II.
Considerations of the Dispute Resolution Chamber:
1.
The Dispute Resolution Chamber commenced its deliberations by referring to art.
25 of the FIFA Regulations for the Status and Transfer of Players [edition 2001]
(hereinafter: the Regulations), according to which it falls within the purview of the
Dispute Resolution Chamber to review disputes concerning the distribution of the
solidarity contribution. Consequently, the Chamber established that it was
competent to deal with the present litigation.
2.
In this sense, the Chamber acknowledged that, as further established in the article
25 of the Regulations, the new club concerned is to distribute 5% of any
compensation paid to the previous club to the club(s) where the player has played
between the ages of 12 and 23.
3.
In the present case, the Chamber outlined that the period to be taken into
consideration went from the sporting season 1993, when the player was 12, until
the sporting season 2004, at the age of 23.
4.
In continuation, the Chamber duly noted that Y asserts having paid 100% of the
transfer compensation to the player’s former club, Z, in other words, it omitted to
deduct 5% relating to solidarity mechanism. Furthermore, the Chamber observed
that Y deems that the Argentinian club, X, should thus turn to Z in order to collect
the amount relating to its part of the 5% solidarity contribution.
5.
In this respect, the Chamber referred to its well-established jurisprudence in similar
cases, in accordance with which the player’s new club is ordered to remit the 5%
solidarity contribution to the club(s) involved in the player’s training in strict
application of article 11 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players. At the same time, the player’s
former club is ordered to reimburse 5% of the compensation that it received from
the player’s new club.
6.
The Chamber made further reference to Art. 10 of the Regulations governing the
Application of the Regulations for the Status and Transfer of Players [edition
2001], which provides the figures for the distribution of the solidarity
contribution, according to the time the player was effectively trained by the clubs
involved.
7.
In the present case, the Chamber outlined that the period to be taken into
consideration is the season 1997, when the player was between the ages of 15 and
16. In this respect, the Chamber concluded that the period of effective training to
be taken into account corresponds to 1 year.
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8.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in Article 10 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players [edition 2001], the Argentinian
club is entitled to receive 10% of the 5% of the compensation paid in relation to
the transfer of the federative rights to the player A from Z to the Mexican club Y.
9.
The Chamber noted that according to the provided transfer contract and contrary
to the allegations of X the player was transferred from Z to the Mexican club Y on
1 July 2004 for the amount of USD 1,500,000.
10.
Based on all of the above, the Dispute Resolution Chamber decided that Y must
pay to X 10% of the 5% of the transfer compensation paid in relation to the
transfer of the player A from Z to Y, i.e. USD 7,500 and that Z has to reimburse the
relevant amount of USD 7,500 to Y.
11.
Taking into account that within the scope of the investigation of the case at hand
Z has deposited the amount of USD 75,000 at the Football Association, the
Chamber instructed the English club to advise its association to proceed with the
reimbursement of the amount of USD 7,500 to Y.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of X is accepted.
2.
The Mexican club Y has to pay the amount of USD 7,500 to X within 30 days as
from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline an
interest rate of 5% per year will apply and the present matter shall be submitted
to FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may
be imposed.
4.
X is directed to inform 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.
5.
The English club Z has to reimburse the amount of USD 7,500 to Y within 30 days
of notification of the present decision.
6.
If the aforementioned sum is not paid within the aforementioned deadline an
interest rate of 5% per year will apply and the present matter shall be submitted
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to FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may
be imposed.
7.
Y is directed to inform Z 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
8.
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 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
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 Champagne
Deputy General Secretary
Encl.
CAS directives
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