Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 6 August 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Carlos Soto (Chile), member
Caio Cesar Vieira Rocha (Brazil), member
Essa Saleh Al Housani (United Arab Emirates), member
on a matter between the club
R,
as Claimant
and the club
A,
as Respondent
regarding the solidarity contribution related to
the transfer of the player K.
I.
Facts of the case
1.
The player K (hereinafter: the player) was born in 12 January 1978.
2.
According to a statement of the N Football Association, the player was registered
with its affiliated club, R (hereinafter: the Claimant), from 1 July 1997 until 30 June
2001.
3.
The football season in N runs from 1 July to 30 June of the following year.
4.
According to a written confirmation issued by the U Football Association, the
player was registered with its affiliated club, A (hereinafter: the Respondent), on
18 September 2007.
5.
On 23 July 2008, the Claimant contacted FIFA claiming its proportion of the
solidarity contribution in connection with the transfer of the player from the club,
L, to the Respondent, in August 2007 for the alleged amount of EUR 1,500,000.
6.
The Claimant requested the amount of EUR 30,000 as solidarity contribution,
allegedly corresponding to 2% of the total compensation paid, plus 5% interest
p.a. as from the due date of payment.
7.
After having been informed by FIFA of the claim lodged by the Claimant, the
Respondent provided FIFA with the relevant transfer agreement and manifested
that the player had in fact been transferred from club L for a transfer
compensation of EUR 900,000 and not 1,500,000 as stated by the Claimant.
8.
In this respect, article 2.1 of the transfer agreement stipulates the following:
“The net amount of the transfer is 900,000 Euros without any deduction and free
of any taxes, impost or duties, payable upon the signature of the presents.”
9.
Furthermore, the Respondent stated that it was willing to pay the solidarity
contribution in relation to the transfer of the player, which it had calculated in the
amount of EUR 18,000. However, due to the alleged fact that the player only spent
6 months with the Respondent, it requested a reduction on the amount to be paid
as solidarity contribution.
10.
Finally, the Claimant requested the case to be submitted to the Dispute Resolution
Chamber for a formal decision. Subsequently, no further correspondence was
received from the Respondent.
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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 23 July 2008. Consequently, the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(edition 2008; hereinafter: the Procedural Rules) are applicable to the matter at
hand (cf. art. 21 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 player, K, to the Respondent during the course of a
contract.
3.
Furthermore, and taking into consideration that the player was registered with his
new club on 18 September 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 23
July 2008, the previous version of the regulations (edition 2005; hereinafter: the
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.
5.
First and foremost, the Chamber stated that, as established in art. 21 in connection
with Annex 5 of the Regulations, if a professional moves during the course of a
contract, the new club of the player shall distribute 5% of any compensation, with
the exception of training compensation, paid to the player’s former club to the
club(s) involved in the training and education of the player in proportion to the
number of years the player has been registered with the relevant clubs between
the sporting seasons of his 12th and 23rd birthdays.
6.
In continuation, the members of the Chamber noted that the Claimant claims
from the Respondent the payment of 2% of the total transfer compensation paid
for the transfer of the player from the club, L, to the Respondent, plus 5% interest
p.a. as from the due date of payment, as solidarity contribution for the seasons
1997-1998, 1998-1999, 1999-2000 and 2000-2001.
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7.
Equally, the members of the Chamber noted that, although the Respondent had
partially accepted the Claimant’s entitlement to receive solidarity contribution in
connection with the aforementioned transfer of the player, it requested a
reduction of the amount payable as solidarity contribution, due to the fact that
the player had only spent 6 months with the club.
8.
In this respect, the members of the Chamber were eager to emphasize that the
solidarity mechanism is a compulsory mechanism which creates an obligation for
the new club of the player to distribute the said contribution to the club(s)
involved in his training and education. Furthermore, the Regulations do not
provide any exception to such obligation. In particular, the members of the
Chamber highlighted the fact that the Regulations, in particular its Annex 5, do
not mention any possibility for the Dispute Resolution Chamber to review or
reduce the amount of solidarity contribution which would be due to the training
club(s) of the player.
9.
On account of the above, the Chamber established that whenever a player moves
during the course of a contract and a transfer compensation is paid to his former
club, solidarity contribution shall undoubtedly be due, without any reduction
possible, and the calculation of this solidarity contribution shall be established in
accordance with Annex 5 of the Regulations.
10.
In view of the aforementioned, the panel proceeded to the rightful calculation of
the solidarity contribution due to the Claimant by the Respondent. In this respect,
it recalled the provisions of art. 1 of Annex 5 of the Regulations, which stipulates
that the amount payable as solidarity contribution is calculated on a pro rata basis
according to the period of training that the player spent with each club.
Furthermore, the Chamber underlined that the amount due for each season is
listed in a table mentioned under the aforesaid provision.
11.
In continuation, the Dispute Resolution Chamber duly noted that the Claimant is
requesting solidarity contribution for the training and education of the player
between 1 July 1997 until 30 June 2001, i.e. during four seasons, which correspond
to the seasons of player’s 20th to his 23rd birthday, as confirmed by the N Fooball
Association, in an amount of EUR 30,000, as well as the payment of interests from
the due date of payment.
12.
As a result, referring to the provision mentioned in point. II. 11 above, and taking
into account that, according to the relevant transfer agreement dated 31 August
2007, the transfer compensation paid by the Respondent to the club L was of EUR
900,000, the Chamber ruled that the Claimant is entitled to receive, for each
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season, 10% of the 5% of the relevant transfer compensation. Thus, in total, for
the four seasons during which the player was registered with the Claimant, which
correspond to the seasons of player’s 20th to his 23rd birthday, the Claimant is
entitled to receive 40% of 5% of the relevant transfer compensation, i.e. the
amount of EUR 18,000, as solidarity contribution.
13.
Furthermore, with regard to the Claimant’s claim for interests, the Chamber
established that, in view of the circumstances of the present case, an interest rate
of 5% interest p.a. on the aforementioned compensation is a reasonable rate of
interest to be imposed on the Respondent.
14.
Therefore, the Chamber held that the Respondent must pay the Claimant, in
addition to the solidarity contribution in the amount of EUR 18,000, plus 5%
interest p.a. on the said amount as from 18 October 2007, which corresponds to
the due date of the relevant payment of solidarity contribution.
15.
In view of all of the above, the Chamber decided that the claim of the Claimant,
Club R, is partially accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club R, is partially accepted.
2.
The Respondent, A, has to pay to the Claimant, Club R, the amount of EUR 18,000,
as well as 5 % interest per year on the said amount as from 18 October 2007 until
the date of effective payment, within 30 days as from the date of notification of
this decision.
3.
Any further claims lodged by the Claimant, Club R, are rejected.
4.
If the aforementioned sum is not paid within the aforementioned deadline the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee
so that the necessary disciplinary sanctions may be imposed.
5.
The costs of the proceeding in the amount of CHF 5,000 are to be paid to FIFA by
the Respondent, A, within 30 days of notification of the present decision to the
following bank account with reference to case no.
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
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IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
6.
The Claimant, Club R, is directed to inform the Respondent, A, immediately and
directly of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber of every payment received.
*****
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
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Encl.
CAS directives
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