Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 14 September 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Gerardo Movilla (Spain), member
Rinaldo Martorelli (Brazil), member
Joaquim Evangelista (Portugal), member
Philippe Diallo (France), member
Ivan Gazidis (USA), member
Percival Majavu (South Africa), member
Essa M. Saleh Al-Housani (UAE), member
in a dispute between the club
A,xxxx
as Claimant
against the club
B, xxxx
as Respondent
regarding a dispute for solidarity contribution in connection with
the transfer of the player Z.
I.
Facts of the case
1.
The Football Association of xxx confirmed that the player Z, born on 15 December
1982, was registered with A, the Claimant, as from 22 March 1995 until 19 March
1997.
2.
On 9 August 2006, the Claimant contacted FIFA in connection with the distribution
of the solidarity contribution for the player and his transfer to the club B, the
Respondent, in July 2006 for the amount of EUR 5,000,0000.
3.
On 31 October 2006, the Respondent, informed FIFA about its willingness to solve
the matter in an amicable way and offered to pay the amount of EUR 25,000 to
the Claimant on 31 January 2007 as solitarily contribution for the player.
4.
In November 2006, the Claimant accepted the proposal of the Respondent to pay
the amount of EUR 25,000 on 31 January 2007 in order to settle the matter at
stake.
5.
In March 2007, the AFA informed FIFA that the Respondent did not adhere to the
amicable agreement and requested the intervention of FIFA so as to enforce the
agreed payment plan.
6.
FIFA contacted several times the Respondent through the xxx Football Federation,
however, never received any answer at all.
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 9 August 2006,
as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) 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.
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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 to the Respondent.
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 the professional had been registered for
his new club in July 2006. Equally the Chamber took note that the claim was
lodged at FIFA in August 2006. 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.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging that during the procedures of the present
matter the Respondent had offered to pay to the Claimant the amount of EUR
25,000 on 31 January 2007 in order to settle the matter at stake in connection with
the solidarity contribution for the player.
6.
Equally, the Chamber took due note of the fact that the Claimant accepted the
proposal made by the Respondent. However, the Respondent appears to not have
complied with its proposal, i.e. the Respondent did not adhere to the amicable
agreement and did not pay the agreed amount on 31 January 2007.
7.
In view of the above, the Chamber duly noted that the Claimant requests the
agreed amount of EUR 25,000.
8.
In this respect, 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. In this way the Respondent renounced to its
right to defence and accepts the allegations of the Claimant.
9.
In view of all of the above, the Chamber decided that the Respondent has to pay
to the Claimant as solidarity contribution the amount of EUR 25,000 mutually
agreed between the parties of the present dispute.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant is accepted.
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2.
The Respondent has to pay the amount of EUR 25,000 to the Claimant within 30
days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the aforementioned deadline an
interest rate of 5% per year will apply as of expiring of the fixed time limit and
the present matter shall be submitted to FIFA’s Disciplinary Committee so that the
necessary disciplinary sanctions may be imposed.
4.
The Claimant is directed to inform the Respondent 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.
5.
According to art. 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:
Court of Arbitration for Sport
Avenue de Beaumont 2
CH-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
General Secretary
Encl.
CAS directives
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