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 (United Arab Emirates), member
on the claim presented by
Club A
Represented by Mr XY attorney-at-law,
as Claimant
against
Club B
as Respondent
regarding solidarity contribution related to the transfer of the player C
I.
Facts of the case
1.
The Player C (hereinafter: the player), was born on 1980.
2.
According to the player passport issued by the Football Association of Player B, the player
was registered as an amateur for the Club A (hereinafter: the Claimant), from 22 January
1999 to 5 August 1999 and from 5 January 2001 to 8 January 2003.
3.
According to the Football Federation of Club B, the player was registered for the Club B
(hereinafter: the Respondent), on 20 January 2006.
4.
In its claim lodged on 22 April 2006, the Claimant is claiming a solidarity contribution for
2½ seasons on the basis of article 21 of the Regulations for the Status and Transfer of
Players (2005 edition; hereinafter: the Regulations) representing 25% of 5% plus interest
of 5% per year for the unjustified delay in payment. Furthermore, the Claimant is also
demanding that appropriate action be taken against the Respondent for its failure to
respect article 2 of annex 5 of the Regulations.
5.
According to the Claimant, the player was transferred from the Club D to the Respondent
for compensation amounting to USD 1,000,000.
6.
In spite of FIFA’s repeated invitations to do so, the Respondent has not presented any
reply to the relevant claim. Furthermore, FIFA ordered the Respondent to submit a copy of
the transfer agreement concluded with the Club D which instruction has remained
unanswered.
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 22 April 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 (hereinafter: the Procedural Rules) are
applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the above-mentioned
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 combination with art. 22 (d) of
the aforementioned Regulations, the Dispute Resolution Chamber shall adjudicate on
Solidarity contribution for the player C
(Club A/ Club B)
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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 the Respondent on 20 January 2006. Equally, the
Chamber took note that the claim was lodged at FIFA on 22 April 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 to carefully study the facts outlined above and emphasized that, as
established in article 21 of the Regulations in combination with art. 1 of the Annex 5 of
the Regulations, the new club to which a player was transferred during the course of his
contract has to distribute 5% of any compensation, with the exception of training
compensation, paid to the player’s former club to the club(s) involved in the training and
education of the player between the seasons of his 12th and 23rd birthday.
6.
The Chamber subsequently took into account that, according to the Football Association
of Club A, the player in question was born on 1980 and registered with the Claimant as
from 22 January 1999 to 5 August 1999 as well as from 5 January 2001 to 8 January 2003.
7.
Moreover, the members of the Chamber noted that, according to the Claimant, the player
was transferred from the Club D to the Respondent for a transfer compensation
amounting to USD 1,000,000.
8.
As a next step, and turning its attention to the Respondent, the members of the Chamber
noted that the Respondent never took position on the Claimant’s claim despite having
been asked to do so by FIFA on several occasions. The members of the Chamber
unanimously concurred that, in this way, the Respondent renounced its right to defence
and tacitly accepted all the allegations made by the Claimant. Furthermore, the Chamber
agreed that a decision shall be taken upon the basis of the documents on file in
accordance with art. 9 par. 3 of the Procedural Rules.
Solidarity contribution for the player C
(Club A/ Club B)
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9.
Taking into account the documents on file, the Chamber agreed that the Claimant is
entitled to receive solidarity contribution on the basis of art. 21 and annex 5 of the
Regulations.
10.
Consequently, the Chamber proceeded with the calculation of the amount of solidarity
contribution payable by the Respondent to the Claimant. In this regard, the Chamber
decided that the uncontested transfer compensation of USD 1,000,000 shall be taken as
the basis for the relevant calculation.
11.
Taking into account the aforementioned periods of time that the player was registered
with the Claimant as well as art. 1 of annex 5 of the Regulations, the Chamber concluded
that 25% of the 5% solidarity contribution shall be apportioned to the Claimant.
12.
Consequently, as it was determined by the Chamber that the amount of USD 1,000,000
shall be at the basis of the relevant calculation, the members of the Chamber came to the
conclusion that the Claimant is entitled to solidarity contribution to the amount of USD
12,500 (25% of 5% of USD 1,000,000).
13.
In light of all of the above, the Chamber decided that the Respondent is liable to pay the
amount of USD 12,500 as solidarity contribution to the Claimant.
14.
With regard to the payment interest (i.e. 5% per annum) claimed by the Claimant, the
Chamber referred to art. 2, par. 1 of annex 5 of the Regulations which clearly establishes
that the relevant proportion of the solidarity contribution shall be paid by the new club
within 30 days after the player’s registration. Therefore, taking into account that the
player was registered for the Respondent on 20 January 2006, the members of the
Chamber unanimously decided that the amount of money to be paid as solidarity
contribution fell due on 20 February 2006, i.e. the 31st day of the player’s registration,
and, hence, the interest rate of 5% per annum shall apply as from the due date of 20
February 2006 until the effective date of payment.
15.
As a result, the Chamber concluded that the Respondent has to pay to the Claimant
monies in the amount of USD 12,500 plus interest of 5% per annum as of 20 February
2006 until the date of effective payment.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Club A is accepted.
2.
The Respondent, Club B, has to pay the amount of USD 12,500 plus interest of 5% per
annum as from 20 February 2006 until the date of effective payment to the Claimant, Club
A.
Solidarity contribution for the player C
(Club A/ Club B)
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3.
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.
4.
The case will immediately be presented to the FIFA Disciplinary Committee for its
consideration and decision, if the Respondent fails to comply with the above-mentioned
deadline.
5.
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.
6.
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:
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:
Markus Kattner
Deputy General Secretary
Encl.: CAS directives
Solidarity contribution for the player C
(Club A/ Club B)
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