Official Documents
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 27 August 2012,
by Mr Philippe Diallo (France), DRC judge,
on the claim presented by the club,
Club C, from country S
as Claimant
against the club,
Club X, from country Z
as Respondent
regarding a solidarity contribution dispute
related to the transfer of the player W
I.
Facts of the case
1.
The Football Confederation of country S (hereinafter: FCS ) confirmed that the player
W from country S, (hereinafter: the player), born on 29 January 1985, was registered
with its affiliated club C (hereinafter: the Claimant), as from 5 May 1999 until 1 June
2004 and as from 11 June 2004 until 17 September 2004.
2.
The sporting season in country S follows the calendar year, running as from 1 January
until 31 December.
3.
According to the information contained in the Transfer Matching System
(hereinafter: TMS), the player was registered with the club X from country S
(hereinafter: the Respondent) on 19 January 2011.
4.
According to the transfer agreement signed between club R (hereinafter: club R) and
the Respondent, on 28 December 2010, provided by the latter, the transfer fee for
the player amounts to EUR 2,250,000 net, payable in four installments, as follows:
- EUR 750,000, payable within 7 days after the issuing of the International Transfer
Certificate (hereinafter: ITC),
- EUR 500,000, payable until 30 April 2011,
- EUR 500,000, payable until 31 July 2011,
- EUR 500,000, payable until 31 October 2011.
5.
On 23 February 2011, the Claimant contacted FIFA claiming its proportion of
solidarity contribution in connection with the transfer of the player from club R to
the Respondent. In this respect, the Claimant requested the payment of solidarity
contribution corresponding to 45.08% of 5% over the two installments fallen due 7
days after the issuing of the ITC and on 30 April 2011.
6.
In its reply, the Respondent confirmed the existence of outstanding payment of
solidarity contribution towards the Claimant and proceeded with the payment of the
amount due over the first two instalments of the transfer fee, on 5 July 2011.
7.
On 25 October 2011, the Claimant once again contacted FIFA claiming its proportion
of solidarity contribution in connection with the transfer at stake. In this respect, the
Claimant requested the payment of solidarity contribution corresponding to 45.08%
of 5% or EUR 22,540 over the two installments fallen due on 31 July 2011 and 31
October 2011, amounting to EUR 1,000,000.
8.
In spite of having been invited by FIFA to do so, the Respondent did not respond to
the Claimant’s request of 25 October 2011.
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II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed which procedural rules were applicable to the
case at hand. In this respect, he took note that the present matter was submitted to
FIFA on 25 October 2011, thus after 1 July 2008. Consequently, the 2008 edition of
the Rules Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules), is applicable to the matter at
hand (cf. article 21 par. 2 and 3 of the Procedural Rules).
2.
In continuation, the DRC judge analysed which regulations were applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26
par. 1 and 2 of the 2010 edition of the Regulations on the Status and Transfer of
Players (hereinafter: the Regulations), considering that the present claim was lodged
on 25 October 2011 and that the player was registered with the Respondent on 19
January 2011, the 2010 edition of the Regulations was applicable to the matter at
hand as to the substance.
3.
Subsequently, the DRC judge referred to art. 3 par. 2 and 3 of the Procedural Rules
and confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art.
22 lit. e) of the Regulations, he was competent to adjudicate on a dispute related to
the payment of solidarity contribution between a club from country S and a club
from country Z.
4.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter and started by
acknowledging the above-mentioned facts and the documentation contained in the
file.
5.
In this regard, the DRC judge took due note of the fact that, on 23 February 2011,
the Claimant contacted FIFA, claiming a proportion of 45.08% of 5%, over the two
installments of the transfer fee, fallen due 7 days after the issuing of the ITC and on
30 April 2011. In addition, on 25 October 2011, the Claimant contacted FIFA once
again claiming the aforementioned proportion of solidarity contribution over the
two installments fallen due on 31 July 2011 and 31 October 2011, amounting to EUR
1,000,000.
6.
Equally, the DRC judge noted that the Respondent, in its response, acknowledged
the existence of outstanding payments regarding solidarity contribution towards the
Claimant, referring to the first two instalments of the transfer fee for the captioned
player, due 7 days after the issuing of the ITC and on 30 April 2011, and
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consequently, on 5 July 2011, it proceeded with the payment of the due amount,
which was confirmed by the Claimant.
7.
The DRC judge, however, noticed that the Respondent, despite having been invited
by FIFA to do so, did not respond to the second request of the Claimant, regarding
the payment of solidarity contribution in the proportion of 45.08% of 5%, i.e. EUR
22,540, over the instalments of the transfer fee fallen due on 31 July 2011 and 31
October 2011, amounting to EUR 1,000,000.
8.
As a consequence of the aforementioned consideration, the DRC judge pointed out
that, in accordance with art. 9 par. 3 of the Procedural Rules, the decision shall be
taken upon the basis of the documents already on file, in other words, upon the
statements and documents presented by the Claimant.
9.
Consequently, the DRC judge went on to establish whether the Claimant was entitled
to claim a proportion of solidarity contribution and, if so, which was the relevant
amount due.
10.
In this respect, the DRC judge first referred to art. 21 of the Regulations as well as to
art. 1 par. 1 of Annexe 5 of the Regulations, which stipulate that if a professional is
transferred before the expiry of his contract, 5% of any compensation, with the
exception of 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 the training and education of the player
between the seasons of the player’s 12th and 23rd birthdays.
11.
Equally, the DRC judge referred to the information obtained from TMS, according to
which the player was registered with the Respondent on 19 January 2011.
12.
Furthermore, the DRC judge recalled that the player was, according to the
aforementioned information, transferred for a total amount of EUR 2,250,000 net,
payable in four installments, as follows:
- EUR 750,000, payable within 7 days after the issuing of the International Transfer
Certificate (hereinafter: ITC),
- EUR 500,000, payable until 30 April 2011,
- EUR 500,000, payable until 31 July 2011,
- EUR 500,000, payable until 31 October 2011.
13.
Consequently, based on art. 21 and art. 1 par. 1 of Annexe 5 of the Regulations, the
DRC judge came to the conclusion that, in view of the international transfer of the
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player from club R to the Respondent and in view of the transfer compensation paid
by the Respondent to club R, solidarity contribution had fallen due.
14.
As to the calculation of the relevant amount to be paid by the Respondent to the
Claimant, the DRC judge recalled that, according to art. 1 of Annexe 5 of the
Regulations, the relevant amount of solidarity contribution shall reflect the number
of years for which a player is registered with the relevant club between the seasons
of the player’s 12th and 23rd birthdays.
15.
In this regard, the DRC judge referred to the confirmation issued by the CBF,
according to which the player, born on 29 January 1985, had been registered with
the Claimant as from 5 May 1999 until 1 June 2004 and as from 11 June 2004 until 17
September 2004. Therefore, the DRC judge established that the player had been
registered with the Claimant during 8 months during the season of his 14th birthday
and for five entire seasons, from him 15th to his 19th birthday. Consequently, the DRC
judge established that the Claimant was entitled to a proportion of 45.83% out of
the 5% of solidarity contribution.
16.
Having established the aforementioned, the DRC judge recalled that the Claimant
based its claim for solidarity contribution on the instalments that had fallen due on
31 July 2011 and 31 October 2011 for the transfer of the player from club R to the
Respondent, amounting to EUR 1,000,000, in the proportion of 45.08% of 5%.
17.
Consequently, the DRC judge decided that the Respondent had to pay an amount of
EUR 22,540 to the Claimant.
18.
Finally, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according to
which in the proceedings before the Dispute Resolution Chamber relating to disputes
regarding solidarity mechanism costs in the maximum amount of CHF 25,000 are
levied. The costs are to be borne in consideration of the parties’ degree of success in
the proceedings.
19.
According to Annexe A of the Procedural Rules, the costs of the proceedings are to
be levied on the basis of the amount in dispute.
20.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 22,540 related to the claim of the Claimant. Consequently, the DRC
judge concluded that the maximum amount of costs of the proceedings corresponds
to CHF 5,000.
21.
Considering that the case at hand allowed to be dealt with following a reasonable
procedure and that it did not pose considerable factual difficulty, the DRC judge
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determined the final amount of costs of the current proceedings to the amount of
CHF 4,000.
22.
In view of the above, the Chamber reiterated that the claim of the Claimant is
accepted. Therefore, the Chamber decided that the Respondent had to pay the full
amount of CHF 4,000.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Club C, is accepted.
2.
The Respondent, club X, has to pay to the Claimant, Club C, the amount of EUR
22,540, within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the above-mentioned time limit, an
interest rate of 5% p.a. will apply on the said amount as of expiry of the time limit
until the date of effective payment and the present matter shall be submitted, upon
request, to the FIFA Disciplinary Committee for its consideration and a formal
decision.
4.
The final amount of costs of the proceedings in the amount of CHF 4,000 is to be paid
within 30 days of notification of the present decision by the Respondent, club X, to
FIFA to the following bank account with reference to case no. xxxxxxxxxx:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.
The Claimant, club C , is directed to inform the Respondent, club X, immediately and
directly of the account number to which the remittance is to be made in accordance
with the above point 2. and to notify the DRC judge of every payment received.
*****
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Note relating to the motivated decision (legal remedy):
According to art. 67 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 DRC judge:
Markus Kattner
Deputy Secretary General
Enclosed: CAS directives
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