Solidarity Contribution
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 September 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), member
Phillippe Piat (France), member
Zola Malvern Percival Majavu (South Africa), member
Phillippe Diallo (France), member
on the claim presented by the club
Club A, X,
as Claimant
against the club
Club B, Y
as Respondent
regarding a solidarity mechanism dispute
in connection with the transfer of the player C, Z
I.
Facts of the case
1.
The player C (hereinafter: the player) was born on 9 November 1983.
2.
According to the written confirmation from the X Football Federation, the
player was registered with the club A (hereinafter: the Claimant) from 6
August 2003 to 1 March 2004. The X Football Federation has further stated
that the 2003-04 football season in X began on 8 August 2003 and ended on
16 May 2004.
3.
Furthermore, the Y Football Federation has confirmed that the player was
registered with club B (hereinafter: the Respondent) on 25 August 2006.
4.
On 9 October 2006 the Claimant lodged a claim with FIFA demanding solidarity
contribution for the loan of the player from the club D (hereinafter: D) to the
Respondent for the 2006-07 season.
5.
The Claimant alleges that it is entitled to solidarity contribution for the 200304 season. Moreover, it further seeks 5% interest p.a. beginning 30 days after
the date of the player’s registration with the Respondent.
6.
The Respondent has replied that the player was registered with the club on a
loan basis and that it therefore does not owe any solidarity contribution to the
Claimant. It submitted a copy of the loan agreement concluded between D and
the Respondent, which provided for a financial compensation in the amount of
EUR 150’000.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution 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 October 2006, 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, 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
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
2
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.
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 player C during the course of a contract.
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 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 on 25 August 2006. Equally the Chamber
took note that the claim was lodged at FIFA on 9 October 2006. In view of the
aforementioned, the Chamber concluded that the current FIFA Regulations for
the Status and Transfer of Players (edition 2005, hereinafter: 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, as established in art. 21 and
Annex 5 of the Regulations, the new club of the player is to distribute 5% of
any compensation, with the exception of training compensation, paid to the
previous club as a solidarity contribution to the club(s) involved in the training
and education of the player in proportion to the number of years the player
was registered with the relevant club(s) between the sporting seasons of his
12th and 23rd birthdays.
6.
The Chamber noted that according to the loan agreement submitted by the
Respondent the compensation at the basis of the present dispute amounts to
EUR 150’000.
7.
In the present case, the Chamber outlined that, on the one hand, the Claimant
asserts being entitled to receive a solidarity contribution for the 2003-04
season and claims payment of 5% interest p.a. as from 30 days as of the date
of registration of the player for the Respondent.
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
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8.
On the other hand, the Chamber noted that the Respondent contests the
Claimant’s entitlement to solidarity contribution by bringing forward that the
player was registered with the Respondent on a loan basis and that it
therefore does not owe any solidarity contribution to the Claimant.
9.
In this respect, the Chamber pointed out that in accordance with art. 21 and
Annex 5 of the Regulations, any club that has contributed to the education
and training of a professional shall receive a proportion of the compensation
paid to his previous club. Furthermore, art. 10 par. 1 of the Regulations clearly
establishes that a loan is subject to the same rules as apply to the transfer of
players, including the provisions on training compensation and solidarity
mechanism.
10.
Moreover, the Chamber acknowledged that the player was born on 9
November 1983 and that he was registered with the Claimant for the period
from 6 August 2003 to 1 March 2004. Therefore, the Chamber concluded that
the player had been registered for a period of time during the season of his
20th birthday.
11.
On account of the above considerations, the Chamber concurred that the
Claimant is entitled to receive solidarity contribution proportionate to the
relevant period of registration of the player with the Claimant.
12.
The Chamber thus proceeded to the calculation of the relevant solidarity
contribution that is due by the Respondent to the Claimant in accordance with
art. 21 and Annex 5 of the Regulations. In this respect, the Chamber referred
to art. 1 of Annex 5 of the Regulations, which provides the figures for the
distribution of the solidarity contribution, taking into account the period of
time the player was effectively registered by the club(s) involved.
13.
The Chamber acknowledged that the calculation of the solidarity contribution
shall be based on the period of registration of the player with the Claimant,
i.e. as from 6 August 2003 to 1 March 2004. In this respect, the Chamber
concluded that the period of registration to be taken into account corresponds
to seven months.
14.
On account of the above, the Chamber established that, in accordance with
the breakdown provided for in art. 1 of Annex 5 of the Regulations, the
Claimant is entitled to receive solidarity contribution for the period of seven
months of the football season of the player’s 20th birthday, corresponding to
5.83% of 5% of the compensation paid in relation with the loan of the player
from D to the Respondent.
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
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15.
The Chamber recalled that according to the relevant transfer contract on file
the player in question was loaned for the amount of EUR 150’000.
16.
Based on all of the above, the Dispute Resolution Chamber decided that the
Respondent must pay to the Claimant 5.83% of 5% of the said transfer
compensation and thus the sum of EUR 437.25.
17.
Finally, the Chamber acknowledged that the Claimant asks for interest of 5%
p.a. over the amount due as solidarity contribution payable as from 30 days of
the date on which the player was registered for the Respondent. In this
respect, the Chamber noted that according to art. 2 of Annex 5 of the
Regulations the new club shall pay the solidarity contribution to the training
club(s) no later than 30 days after the player’s registration and that the RFEF
had confirmed that the player was registered for the Respondent on 25 August
2006. Consequently, the Chamber decided that the Respondent has to pay to
the Claimant interest of 5% p.a. over the amount due as of the 31st day of the
registration of the player with the Respondent, i.e. as of 25 September 2006.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, A, is accepted.
2.
The Respondent, B, has to pay the amount of EUR 437.25 plus interest at the
rate of 5% p.a. applicable as from 25 September 2006 to the Claimant, A,
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum plus interest is not paid within the aforementioned
deadline the present matter shall be submitted to FIFA’s Disciplinary
Committee for its consideration and decision.
4.
The Claimant is directed to inform the Respondent directly and 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 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
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
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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:
__________________________________
Markus Kattner
Deputy General Secretary
Encl. CAS directives
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Solidarity Contribution for the player C
(Club A, X / Club B, Y)
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