Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 September 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
John Didulica (Australia), member
Philippe Diallo (France), member
Essa M. Saleh al-Housani (United Arab Emirates), member
on the claim presented by
the club, X
as Claimant
against
the club, Y
as Respondent
regarding solidarity contribution related to the transfer of the player A
I. Facts of the case
1.
As officially confirmed by the X Football Association, the player A, born on 27
December 1979, was registered for the club X for nine sporting seasons, from July
1991 to June 2000 from the age of 11 to the age of 20.
2.
On 1 August 2004, an agreement for the transfer of the player A from the club Z
to Y was concluded.
3.
By letter addressed to FIFA on 29 December 2005 X claims the 5 % payment
established in article 25 of the FIFA Regulations for the Status and Transfer of
Players (edition September 2001) regarding the contribution to the solidarity
mechanism related to the transfer of the player A from Z to Y.
4.
According to X the amount paid by Y for the transfer of the player A is of EUR
250,000. Y never contested this amount.
5.
Although Y omitted to submit their position with respect to the substance of the
matter, FIFA was informed by Y of its intention to find an amicable settlement of
the matter with X, but the negotiations were not successful.
6.
X asks the Dispute Resolution Chamber to sentence Y to start with the distribution
of its proportion of 5% of the transfer compensation paid to Z for the transfer of
the player A and to be awarded the applicable default interest rate.
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 Article 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 formally submitted to FIFA on
29 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 to the matter at hand.
2.
With regard to the competence of the Chamber, Article 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 Article 24
par. 1 in combination with Article 22 (d) of the aforementioned Regulations, the
Dispute Resolution Chamber shall adjudicate on disputes related to solidarity
mechanism between clubs belonging to different Associations.
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 A to the Respondent.
4.
Subsequently, the members of the Chamber analysed 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 Article 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 on 1 August 2004. Equally, the Chamber took note of
the fact that the claim was lodged with FIFA on 29 December 2005. In view of
the aforementioned, the Chamber concluded that the former FIFA Regulations
for the Status and Transfer of Players (edition 2001, hereafter: the Regulations)
apply to the case at hand as to the substance.
5.
Once its competence and the applicable regulations were thus established, the
Chamber went on to deal with the substance of the case.
6.
The members of the Chamber duly noted that the Claimant claims payment of
solidarity contribution for nine sporting seasons, from July 1991 to June 2000, on
the basis of the transfer of the player, A, from Z to the Respondent in August
2004.
7.
The Respondent, for its part, has not responded to the claim lodged by the
Claimant in spite of having been invited to do so. Consequently, the Chamber
concluded that the Respondent has renounced its right to defence and
accepted the allegations put forward by the Claimant in its claim.
8.
Taking into account the above-mentioned elements, the Chamber agreed that
the Claimant is entitled to receive solidarity contribution on the basis Article 25 of
the Regulations.
9.
Consequently, the Chamber proceeded with the calculation of the amount of
solidarity contribution payable by the Respondent to the Claimant.
10. The Chamber emphasised that, as established in Article 11 of the Regulations
Governing the Application of the Regulations, in combination with Article 25 of
the aforementioned Regulations, the new club to which a player is transferred
during the course of an employment contract with his previous club, is the club
responsible for the distribution of 5% of the compensation paid to the former
club(s) where the player has been trained between the age of 12 and 23.
11. The Chamber subsequently referred to Article 10 of the Regulations governing
the Application of the Regulations, which provides the figures for the distribution
of the solidarity contribution, taking into consideration the time the player was
provided with training and education by the club concerned.
12. In the present case, the Chamber outlined that the period to be taken into
consideration is related to eight sporting seasons, from 1992 to 2000 from the
player’s age of 12 to the age of 20. Therefore, the Chamber concluded that 70%
of the 5% solidarity contribution shall be apportioned to the Claimant.
13. Having ascertained that the amount agreed upon by and between the
Respondent and Z for the transfer of the player A is EUR 250,000, 70% of the 5%
solidarity contribution amounts to EUR 8,750.
14. In addition to that, and in view of the fact that the above-mentioned payment
of EUR 8,750 has been due since 1 September 2004, i.e. 30 days after the player’s
registration with the Respondent, the Chamber established that a default interest
payment of 5% per annum as from 1 September 2004 is applied.
15. In light of the above, the Chamber decided that the Respondent is liable to pay
to the Claimant the amount of EUR 8,750 as solidarity contribution plus 5% default
interest payment per annum as from 1 September 2004.
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III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
2.
The Respondent, must pay to the Claimant the amount of EUR 8,750 plus 5%
default interest payment per annum as of 1 September 2004 within 30 days of
notification of this decision.
3.
In the event that the aforementioned amount is not paid within the stated
deadline, the case will immediately be presented to the FIFA Disciplinary
Committee.
4.
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.
5.
According to Article 61 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:
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