Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 31 July 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Joaquim Evangelista (Portugal), member
Mario Gallavotti (Italy), member
on the claim presented by the club
N,
as Claimant
against the club,
A,
as Respondent
regarding a solidarity mechanism dispute related to the
transfer of the player M.
./…
I.
Facts of the case
1.
According to a written statement of the Football Association of S, the player M,
born on 25 September 1984, was registered as professional player with the club N
from 2 August 1999 to 25 July 2006.
2.
The player was transferred by the club N to the club A and, according to the S
Football Association, was registered as a professional with the mentioned club on
26 July 2006. A compensation of EUR 790,000 was agreed upon.
3.
On 13 September 2006, N contacted FIFA to claim a solidarity contribution in the
amount of EUR 27,650 (7 years at 10% of 5% of EUR 790,000) from the club A for
the training and education of the said player.
4.
A rejected club N’s claim stating that that it had signed an agreement with club N
during the player’s transfer whereby the parties agreed on transfer compensation
amounting to EUR 790,000. The first instalment of EUR 490,000 had already been
paid whereas the second instalment for EUR 300,000 would be due on 30 April
2007. Club A’s understanding of the matter was that the player had been trained
by club N for the entire period in compliance with FIFA’s regulations regarding
solidarity compensation. Furthermore, club A was of the opinion that 5% of the
agreed transfer compensation was to be withheld to be distributed among the
former clubs that had trained the player. In this case, as club N appeared to be the
only club to have trained the player, it was entitled to receive the full amount of
the transfer compensation.
5.
N responded to A’s allegations by confirming that it had received the first
instalment of the transfer compensation. It stated it was confident it would also
received the second instalment on time. According to club N, the transfer
compensation agreed upon constituted only compensation for the premature
termination of the valid employment contract between the player and club N. The
contract was valid until the end of the 2007 season.
6.
N also submits that no provision of the Regulations or any other document
provides for the solidarity contribution and/or the training compensation being
settled by way of the transfer compensation.
7.
Club A reiterated its request to reject the claim based on the grounds already
mentioned.
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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 13 September 2006. 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).
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 and 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 claimed by the
club N for the training and education of the player M. In this regard, and
considering the composition of the Dispute Resolution Chamber at the present
meeting, the Chamber confirmed that, in accordance with art. 24 par. 2 of the said
Regulations, it was entitled to adjudicate in the presence of three members.
3.
Furthermore, and taking into consideration that the player was registered with his
new club on 26 July 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 13
September 2006, 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 the facts of the case as well as the
documentation contained in the file.
5.
First of all, the Chamber stated that, as established in art. 21 in combination with
art. 1 of Annex 5 of the Regulations, if a professional moves during the course of a
contract, 5% of any compensation, not including training compensation, paid to
his former club, shall be deducted from the total amount of this compensation
and distributed by the new club as a solidarity contribution to the club(s) involved
in his training and education over the years.
6.
The Chamber recalled that the player was born on 25 September 1984 and
registered with the club N as from 2 August 1999 to 25 July 2006. Moreover, the
player was transferred by the club N to the club A on the occasion of which the
parties signed a transfer agreement in accordance with which a compensation of
EUR 790,000 was agreed upon.
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7.
Furthermore, the Chamber stated that N claims a solidarity contribution in the
amount of EUR 27,650 from the club A in connection with the aforementioned
transfer of the player for the training period from 2 August 1999 to 25 July 2006.
8.
In view of the above, the Chamber stated that in accordance with art. 1 of Annex
5 of the Regulations, N is entitled to receive 95% of the total amount of the
compensation agreed upon with the club A for the transfer of the player M, and
the remaining 5% shall be distributed as solidarity contribution to the club(s)
involved in his training and education over the years, including N which was
uncontestedly involved in the training and education of the player, however only
for the respective effective training period.
9.
In the present case, as no amount was deducted from the EUR 790,000 agreed
upon between the club A to N for the transfer of the player, the Chamber
considered that N already received 100% of the total transfer compensation
agreed upon for the transfer of the player, meaning that it also received 100% of
the 5% of the solidarity contribution that is to be distributed to clubs involved in
his training and education.
10.
Based on all of the above, the Chamber considered that N has already received
the solidarity contribution relating to the relevant transfer of the player M and
possibly received more than it is entitled to, should there be other clubs that
contributed to the training and educating of the player.
11.
Consequently, the members of the Chamber unanimously decided to reject the
present claim.
12.
On account of all the foregoing considerations, the Chamber decided that the club
N is not entitled to receive any solidarity contribution from the club A for the
training and education of the player M.
*****
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III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, club N, is rejected.
*****
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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