Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 29 September 2010,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Mario Gallavotti (Italy), member
on a matter between the club
Association A
and the club
Club N
and the club
Club S
as Intervening party
regarding the distribution of solidarity contribution related to the
transfer of the player R.
I.
Facts of the case
1.
According to the player passport issued by the Football Confederation B
(hereinafter: FCB), the player, R from country B (hereinafter: the player), born on 7
January 1985, was registered for the club, Association A (hereinafter: A), from 8
June 1999 until 8 October 2001 as an amateur, from 9 October 2001 until 4
February 2003, from 24 February 2003 until 25 May 2005 and from 1 March 2007
until 21 August 2007 as a professional.
2.
The sporting season in country B starts on 1 January and ends on 31 December of
the respective year.
3.
According to the written confirmation of the Football Association U (hereinafter:
FAU), the player was registered for the club A (hereinafter: A) on 21 August 2007.
4.
On 3 July 2009, club A contacted FIFA claiming its proportion of the solidarity
contribution in connection with the transfer of the player concerned on a loan
basis from the club S (hereinafter: S) to N for an alleged loan compensation of
USD 600,000.
5.
On account of the above, the club A requested 55.74% of 5% of the transfer
compensation as solidarity contribution, corresponding to USD 16’722, plus 5%
default interest.
6.
On 6 April 2010, the club N contacted FIFA stating that it had transferred the
player from country B on loan basis and, in this regard, paid the full loan fee of
USD 300,000 to the former club S and thus did not deduct 5% for the
contribution. Furthermore, N claimed that the employment contract with the
player had been terminated by mutual agreement on 29 January 2008 by the
player and the club N, and that the club N undertook to pay the player the
amount of USD 100,000 and two business class air tickets to the country B.
7.
On 16 April 2010, FIFA informed all the parties of its jurisprudence, in accordance
with which the player’s new club is ordered to remit the relevant proportion(s) of
the 5% solidarity contribution to the club(s) involved in the player’s training in
strict application of the relevant provisions of the Regulations on the Status and
Transfer of Players. At the same time, the player’s former club is ordered to
reimburse the same proportion(s) of the 5% of the compensation that it received
from the player’s new club. In conformity with the above-mentioned
jurisprudence, FIFA invited the club N to distribute the relevant proportion of the
5% solidarity contribution of the transfer compensation to the club A, and the
club S to reimburse the club N the relevant proportion of the 5% of the amount of
compensation agreed.
8.
On 25 June 2010, FIFA invited the club N to provide its services with a copy of the
relevant transfer agreement, at the basis of the present dispute, signed between
the club N and the club S and referred it, in this respect, to the well-established
jurisprudence of the Dispute Resolution Chamber.
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9.
However, the club N adhered to its previous position without submitting a copy of
the relevant loan agreement.
10.
The club S did not submit any comments to FIFA.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (also referred as the Chamber)
analysed whether it was competent to deal with the present matter. In this
respect, the Chamber took note that the present matter was submitted to FIFA on
3 July 2009. 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. 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 and 2 in
connection with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2009), the Dispute Resolution Chamber shall adjudicate, in the
presence of at least three members including the Chairman, on disputes relating
to the solidarity mechanism between clubs belonging to different associations. As
a consequence, the Dispute Resolution Chamber confirmed that it was competent
to decide on the present litigation concerning the distribution of the solidarity
contribution in connection with the international transfer of the player R, from
the club S to the club N.
3.
Furthermore, and taking into consideration that the player was registered for the
Respondent on 21 August 2007, and that the present claim was lodged before
FIFA on 3 July 2009, 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
(editions 2009 and 2008) the 2008 edition of the Regulations on the Status and
Transfer of Players (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 went on to duly analyse all of the documentation
presented in the matter at hand by the parties during the investigation into the
present matter 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.
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5.
The Chamber noted in particular that the relevant file does not contain a copy of
the agreement that was evidently concluded by and between the club N and the
club S in connection with the international transfer of the player R.
6.
Therefore, the Dispute Resolution Chamber decided that the club N must send to
FIFA a copy of the agreement signed by and between the said parties over the
transfer of the player R.
III.
Decision of the Dispute Resolution Chamber
1.
The club N must send to FIFA a copy of the relevant transfer agreement signed
between it and the player’s, R, former club, S, in connection with the transfer of
the player, R, within 30 days as from the date of notification of the present
decision.
2.
Should the relevant transfer agreement not be sent to FIFA within the stated timelimit, the present matter will immediately be submitted to the FIFA Disciplinary
Committee for consideration and a formal decision.
*****
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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
www.tas-cas.org
For the Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl.
CAS directives
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