Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 25 August 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), member
Michele Colucci (Italy), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the club
V., B,
represented by Z., B
as Claimant,
against the club
G., M,
as Respondent,
regarding the solidarity contribution related to the international transfer of the player,
D.
I.
Facts of the case
1.
The player D. was born on 15 October 1981.
2.
According to confirmation from the Regional Football Association of club V.,
the player was registered with V. from 16 July 1993 until 1 August 2001. The B
Football Association confirmed the player’s registration and a contract
between the player and the club only for the period from 7 October 2000 until 2
June 2001.
3.
On 7 December 2005, the B club contacted FIFA to report that the player had
been transferred from club T. to G. On account of the above-mentioned period
of registration and in line with the relevant provisions of the Regulations for the
Status and Transfer of Players, the B club lodged a claim for 54.99% of the 5%
solidarity contribution due from the transfer compensation payment agreed
between T. and G.
4.
Despite several requests, on 15 December 2005 and 30 January 2006, the M
club has not submitted a response to the claim. The club was also requested
twice, on 20 February 2006 and 23 May 2006, to submit the transfer contract
concluded with T., but it also failed to reply to this request.
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 7
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 D. from T. to G. during the course of a contract.
Solidarity contribution for the player D.
(Club V., B / Club G., M)
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 apparently,
the professional had been registered for his new club in July 2005. Equally,
the Chamber took note that the claim was lodged in front of FIFA on 7
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 to 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 of the Regulations
and Annex 5 of the said Regulations, the new club, to which a player is
transferred during the course of an employment contract with his previous
club, is responsible for the distribution of 5% of the compensation payable to
the player’s former club to the former club(s) involved in the training and
education of the player between the ages of 12 and 23.
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 G. to T. in
connection with the international transfer of the player D. 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, G., to the player’s former club, T.
9.
The Chamber equally noted that the Respondent has not contested the
signing of a transfer agreement with T. over the transfer of the player D.
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 T., in spite of having
been asked to do so by FIFA repeatedly.
11.
Therefore, the Dispute Resolution Chamber decided that the Respondent
must send to FIFA a copy of the relevant transfer agreement signed
between G. and T. over the transfer of the player D.
Solidarity contribution for the player D.
(Club V., B / Club G., M)
3
III.
Decision of the Dispute Resolution Chamber
1.
G. must send to FIFA a copy of the relevant transfer agreement signed
between itself and T. over the transfer of the player D. within 30 days as from
the date 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
Solidarity contribution for the player D.
(Club V., B / Club G., M)
4