Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 3 July 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (), member
Carlos Soto (Chile), member
Mario Gallavotti (Italy), member
Sofoklis Pilavios (Greece), member
on the claim presented by the club,
W,
represented by Mr. S
as “Claimant”
against the club,
A,
as “Respondent”
regarding solidarity contribution related to the international transfer of the player,
R.
I.
Facts of the case
1.
The player, R, was born on 14 July 1977.
2.
According to the player passport issued by the D Football Association, the
player was formerly registered with W as from 1 February 1997 until 13 July
2000.
3.
In this relevant period of time, the sportive season ran from 1 August until 1
July of the following year.
4.
In spite of FIFA’s request, the Q Football Association has failed to confirm the
exact date on which the player was registered with its member club, A.
5.
The relevant International Transfer Certificate was issued by the D Football
Association on behalf of the Q Football Association on 12 July 2007.
6.
On 24 October 2007, W lodged a claim in front of the Dispute Resolution
Chamber (DRC) against FC A for payment of its proportion of the solidarity
contribution on the basis of article 21 and Annex 5 of the Regulations for the
Status and Transfer of Players (edition 2005).
7.
According to W, in August 2007, the player was transferred from FC J to FC A
for a compensation of EUR 550,000.
8.
Therefore, W maintains being entitled to solidarity contribution in the amount
of EUR 6,645.83. In addition, the W club claims payment of interest at 5% p.a.
as of the 31st day of the registration of the player in question.
9.
According to the W club, FC A and FC J also agreed that the A club shall pay
additional bonuses, on which solidarity contribution shall also fall due.
Therefore, W asks that the A club presents a copy of the relevant transfer
agreement to FIFA.
10.
FC A has failed to respond to the claim lodged by W and to present a copy of
the relevant transfer agreement, in spite of having been requested by FIFA to
do so twice.
II.
Considerations of the Dispute Resolution Chamber
Solidarity contribution relating to the player, R (W / A)
2/4
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 24 October 2007. Consequently, 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 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 with an international dimension concerning
the distribution of the solidarity contribution claimed by the Claimant in
connection with the transfer of the professional R during the course of a
contract.
3.
Furthermore, and taking into consideration that the player was registered with
his new club on or about 12 July 2007, 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 24 October 2007, the
previous version of the regulations (edition 2005; hereinafter: Regulations) is
applicable to the matter at hand as to the substance.
4.
Once its competence and the applicable regulations were thus established, the
Dispute Resolution Chamber went on to duly analyse all of the documentation
at its disposal.
5.
The Chamber noted in particular that, to date, FC A has failed to present a
copy of the transfer agreement that was apparently concluded between FC J
and FC A over the transfer of the player, R, to the A club in spite of having
been asked by FIFA to do so.
6.
Therefore, in order to pass a decision on the substance of the case and so as to
enable the Chamber to duly analyse the financial circumstances surrounding
the transfer of the player in question, the Dispute Resolution Chamber decided
Solidarity contribution relating to the player, R (W / A)
3/4
that FC A must send to FIFA a copy of the transfer agreement apparently
signed by and between FC J and FC A over the transfer of the player, R.
III.
Decision of the Dispute Resolution Chamber
1.
The A club, FC A, must send to FIFA within 30 days of notification of the
present decision a copy of the transfer agreement signed by and between FC J
and FC A over the transfer of the player, R.
2.
Should FC A fail to present a copy of the pertinent transfer agreement to FIFA
within the stated time limit, the present matter will be submitted to the FIFA
Disciplinary Committee for its consideration and decision.
For the Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Solidarity contribution relating to the player, R (W / A)
4/4