Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 23 September 2005,
in the following composition:
Slim Aloulou (Tunisia), chairman
Theo Van Seggelen (Netherlands), member
Michele Colucci (Italy), member
David Mayebi (Cameroon), member
John Didulica (Australia), member
Philippe Diallo (France), member
Paulo Rogerio Amoretty Souza (Brazil), member
Eissa M. Selah Al-Housaini (U.A.E.), member
Peter Friend (Australia), member
on the claim presented by
the club, X
as Claimant
against
the club, Y
as Respondent
regarding the solidarity contribution related to the transfer of the player, A.
I.
Facts of the case
1.
The player A, born on 14 July 1975, was registered with X, Claimant, from
10 January 1998 to 4 August 1998, between the ages of 22 and 23.
2.
In January 2005, a selling club and Y, Respondent, concluded a transfer contract
regarding the player A for the amount of EUR 8,000,000.
3.
According to the Article 25 of the FIFA Regulations for the Status and Transfer of
Players (edition 2001) (hereinafter: the Regulations), the new club concerned is
to distribute 5% of this compensatory amount to the club(s) where the player
has played between the ages of 12 and 23.
4.
The Claimant is claiming the implementation of the principles stipulated in
Article 25 of the FIFA Regulations regarding the contribution for the solidarity
mechanism related to the transfer of the federative rights to the player from the
selling club to the Respondent.
5.
As a consequence, and considering that the player was registered with X from
10 January 1998 to 4 August 1998, and in view of the fact that the season in this
country begins in January and ends in December, the claimant is presently
claiming the right to 5% of 5% of the transfer fee according to the FIFA
Regulations, i.e. the sum of EUR 20,000 from Y plus interest amounting to 5%
per annum as from 12 February 2005 until the effective date of payment.
6.
Despite having been requested, on 29 April and 4 July 2005, to provide the FIFA
Administration with its position in the matter, Y has never commented on the
claim submitted by X.
II.
Considerations of the Dispute Resolution Chamber
1.
The Dispute Resolution Chamber commenced its deliberations by referring to
Article 25 of the FIFA Regulations, according to which it falls within the purview
of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution. Consequently, the Chamber
established that it was competent to deal with the present litigation.
2.
In this sense, the Chamber acknowledged that, as further established in Article
25 of the FIFA Regulations, the new club concerned is to distribute 5% of any
compensation paid to the previous club of the player to the club(s) where the
player had played between the ages of 12 and 23.
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3.
The Chamber made further reference to Article 10 of the Regulations governing
the Application of the Regulations for the Status and Transfer of Players (edition
2001), which provides the figures for the distribution of the solidarity
contribution, in accordance with the time the player was effectively trained by
the clubs involved.
4.
In the case at hand, the Chamber outlined that the player was registered for the
Claimant from 10 January 1998 to 4 August 1998, between the ages of 22 and
23.
5.
Therefore, the Chamber established that, in accordance with the breakdown
provided for in Article 10 of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players, the Claimant is entitled to
receive 5% of the 5% of the compensation paid in relation to the transfer of the
player from the selling club to the Respondent.
6.
Furthermore, the Chamber made reference to Article 11 of the Regulations
governing the Application of the Regulations for the Status and Transfer of
Players, which reads that the new club shall pay the amount due as solidarity
contribution to the training clubs at the latest within thirty days of the player’s
registration.
7.
The Chamber noted that the Claimant affirmed that the amount paid for the
transfer of the federative rights to the player was EUR 8,000,000 and that this
allegation was not contested by the Respondent.
8.
In continuation, the Chamber reproached the behaviour of the Respondent, who
never took position in the dispute, despite having been asked to do so by the
FIFA administration on several occasions. The deciding body emphasized that in
this way the Respondent renounced to its rights to defence and accepts the
allegations of the Claimant.
9.
Taking into account all of the above, the Dispute Resolution Chamber decided
that the Respondent must pay to the Claimant 5% of the 5% of the transfer
compensation paid in relation to the transfer of the player from the selling club
to the Respondent, i.e. EUR 20,000, plus 5% interest per year on the outstanding
amount starting on 12 February 2005 and applicable until the effective date of
payment to the Claimant.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
2.
The Respondent has to pay the amount of EUR 20,000 to the Claimant.
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3.
On the aforementioned amount default interest payment of 5% p.a. as from
12 February 2005 until the day of the payment is applied.
4.
The amount due to the Claimant has to be paid by the Respondent within 30
days as from the date of notification of the present decision.
5.
If the aforementioned sum is not paid within the aforementioned deadline the
present matter shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
6.
The Claimant is directed to inform the Respondent immediately of the account
number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
7.
According to Article 60 par. 1 of the FIFA Statutes, this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 10 days of receiving notification of this decision
and has to contain all elements in accordance with point 2 of the directives
issued by the CAS, copy of which we enclose hereto. Within another 10 days
following the expiry of the time limit for the filing of the statement of appeal,
the appellant shall file with the CAS a brief stating the facts and legal arguments
giving rise to the appeal (cf. point 4 of the directives).
The full address and contact numbers of the CAS are the following:
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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