Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 17 August 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Zola Malvern Percival Majavu (South Africa), member
Rinaldo Martorelli (Brazil), member
Mick McGuire (England), member
on the claim presented by
the club, A, country X,
as Claimant
against
the club, B, country Y,
as Respondent
regarding solidarity contribution related to the international transfer of the player C
I.
Facts of the case
1.
According to the confirmation issued by the Federation of the country X the
player C, born on 16 Mai 1977, was registered for the club A, the Claimant, from
27 March 1998 until 27 June 1998, i.e. for 3 months during the season of his 21st
birthday.
2.
In July 2005 the player C was allegedly transferred from the club D, country X, to
the club B, the Respondent, for an unknown amount of transfer compensation.
3.
On 9 December 2005 the Claimant lodged a claim against the Respondent with
FIFA requesting 2.5% of 5% of the compensation paid for the aforementioned
transfer of the player C as solidarity contribution.
4.
On 9 March and 27 April 2006, in order to enable the Dispute Resolution Chamber
to duly consider the present affair, the Respondent was explicitly asked to provide
FIFA with its position to the claim and, in particular, with a copy of the transfer
agreement it signed with club D in connection with the transfer of the player C.
5.
The Respondent omitted to expose its position to the claim. Equally, it failed to
provide FIFA with the relevant transfer agreement on the basis of which the
solidarity contribution could have been determined.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 9 December
2005, as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) on matters pending before the decision making bodies
of FIFA are applicable on the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with art. 24 par. 1 in connection with art. 22 (d) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on disputes
between two clubs belonging to different Associations related to solidarity
mechanism.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the distribution of the solidarity
contribution claimed by the Claimant in connection with the transfer of the
professional C during the course of a contract.
Esporte Clube Santo André / Hunan Shoking FC
(solidarity contribution relating to the international transfer of the player, Giuliano Sabbatini Cruz)
(Ref.no. 06-00228)
2
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred to art. 26 par. 1 and
2 of the Regulations for the Status and Transfer of Players (edition 2005) in the
modified version in accordance with the FIFA circular no. 995 dated 23 September
2005. Furthermore, it acknowledged that the professional had been registered for
his new club in July 2005. Equally the Chamber took note that the claim was
lodged at FIFA on 9 December 2005. In view of the aforementioned, the Chamber
concluded that the current FIFA Regulations for the Status and Transfer of Players
(edition 2005, hereafter: the Regulations) are applicable on the case at hand as to
the substance.
5.
Once its competence was thus established, the Dispute Resolution Chamber went
on to deal with the substance of the case.
6.
The Chamber emphasized that, as established in art. 21 in connection with art. 1
of annex 5 of the Regulations, the new club, to which a player moves during the
course of an employment contract with his previous club, is responsible for the
distribution of 5% of the compensation paid to the player’s former club to the
club(s) involved in the training and education of the player between the seasons
of his 12th and 23rd birthdays.
7.
The members of the Chamber duly analysed all of the documentation presented in
the case at hand and concluded that the Chamber is not in the position to
accurately deal with the present matter on the basis of the documents currently in
its possession.
8.
The Chamber noted in particular that the relevant file does not contain any
document pertaining to the transfer compensation paid by the Respondent, if any,
to the club D in connection with the international transfer of the player C. In this
respect and for the sake of clearness, the Chamber recalled that the amount of
solidarity contribution is calculated on the basis of the compensation paid by the
player’s new club, the Respondent, to the player’s former club, D.
9.
The Chamber equally noted that the Respondent has not contested the signing of
a transfer agreement with the club D over the transfer of the player C.
10.
Finally, the Chamber unanimously reproached the conduct of the Respondent,
which has never presented a copy of the relevant transfer agreement concluded
between the Respondent and the club D, in spite of having been asked to do so by
FIFA repeatedly.
Esporte Clube Santo André / Hunan Shoking FC
(solidarity contribution relating to the international transfer of the player, Giuliano Sabbatini Cruz)
(Ref.no. 06-00228)
3
11.
Therefore, the Dispute Resolution Chamber decided that the Respondent must
send to FIFA a copy of the relevant transfer agreement signed between the
Respondent and club D over the transfer of the player C.
III.
Decision of the Dispute Resolution Chamber
1.
The Respondent, B, must send to FIFA a copy of the relevant transfer agreement
signed between the Respondent and the club D over the transfer of the player C
within 30 days of notification of the present decision.
2.
Should the relevant contract not be sent to FIFA within the stated time limit, the
case will immediately be submitted to the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
Esporte Clube Santo André / Hunan Shoking FC
(solidarity contribution relating to the international transfer of the player, Giuliano Sabbatini Cruz)
(Ref.no. 06-00228)
4