Solidarity Contribution
Texto da decisão
REF TMS 12105
Decision of the
Dispute Resolution Chamber
passed on 15 September 2023
regarding solidarity contribution for the transfer of the
player Marcos Javier ACUÑA
BY:
Mr. Mario Flores Chemor (Mexico), Single Judge of the Dispute
Resolution Chamber of the Football Tribunal
CLAIMANT:
RACING CLUB, Argentina
RESPONDENT:
Sevilla F.C. SAD, Spain
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REF TMS 12105
I. FACTS OF THE CASE
Player:
Marcos Javier ACUÑA
Date of birth:
28 October 1991
Player passport (s): issued by the Argentinian Football Association (AFA):
Calendar year for minors
Season
Birthday Club(s)
2004
13th
2005
th
14
Registration dates
Status
Don Bosco
27/04/04
10/08/04
Amateur
Union Zapala
11/08/04
31/12/04
Amateur
Union Zapala
01/01/05
07/03/05
Amateur
Don Bosco
08/03/05
31/12/05
Amateur
th
Don Bosco
01/01/06
31/12/06
Amateur
2007
th
16
Don Bosco
01/01/07
31/12/07
Amateur
2008
17th
Don Bosco
01/01/08
31/12/08
Amateur
2009
th
Don Bosco
01/01/09
17/03/09
Amateur
Ferro Carril Oeste
18/03/09
30/06/09
Amateur
Registration dates
Status
2006
15
18
Season from July to June for players above the age of 18
Season
2009/10
2010/11
2011/12
2012/13
2013/14
2014/15
Birthday Club(s)
th
Ferro Carril Oeste
01/07/09
30/06/10
Amateur
th
Ferro Carril Oeste
01/07/10
30/06/11
Amateur
th
Ferro Carril Oeste
01/07/11
30/06/12
Professional
st
Ferro Carril Oeste
01/07/12
30/06/13
Professional
nd
Ferro Carril Oeste
01/07/13
30/06/14
Professional
rd
Ferro Carril Oeste
01/07/14
21/07/14
Professional
Racing Club
22/07/14
30/06/15
Professional
18
19
20
21
22
23
Date of transfer:
15 September 2020 from Sporting CP (Portugal) to Sevilla F.C. SAD (Spain)
Financial conditions:
EUR 10,500,000 as follows:
-
EUR 3,500,000 due on 21 September 2020;
-
EUR 3,500,000 due on 1 July 2021; and
-
EUR 3,500,000 due on 1 July 2022.
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REF TMS 12105
Contingent payments:
-
EUR 250,000 for every thirty starting eleven appearances up to the
maximum of EUR 1,000,000;
-
EUR 500,000 for every qualifying to the Champions League up to
EUR 1,000,000.
Claimant club:
RACING CLUB (Argentina)
Respondent club: Sevilla F.C. SAD (Spain)
Claim and Response:
1.
On 6 January 2023, the Claimant lodged a claim against the Respondent for the solidarity
contribution in connection with the transfer of the player from Sporting CP to the
Respondent.
2.
The Claimant requested for the payment of 0.50% of the amounts paid by the
Respondent to Sporting CP plus 5% interest p.a. as of the due date.
3.
The Claimant specifically expected to receive its solidarity contribution entitlement over
the: i. second and third instalments of the fixed fee, for the total amount of EUR
7,000,000; ii. bonuses for the player reaching over ninety appearances for the
Respondent, for the total amount of EUR 750,000; and iii. bonuses for qualifying to the
Champions League twice, for the total amount of EUR 1,000,000.
4.
The Claimant
43,750 of solidarity contribution, resulting from
multiplying its 0.5% entitlement by the combined amount of EUR 8,750,000 allegedly
paid by the Respondent to Sporting CP in accordance with the information above.
5.
On 7 February 2023, the Respondent
over the first and second instalments of the fixed fee prior to the filing of the present
claim.
6.
Moreover, the Respondent argued that the Claimant is entitled to 0.47% of solidarity
contribution, instead of the requested 0.5%.
7.
The Respondent stated that, until this point, the appearance bonus for sixty matches
was triggered, but not the one for ninety, as alleged by the Claimant.
8.
In addition, the Respondent manifested complications in fulfilling its obligations towards
the Claimant because of specific requirements of the
Tributaria de España (AEAT) .
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9.
In conclusion, the Respondent understands that the Claimant is entitled to receive 0.47%
of solidarity contribution over the: i. third instalment of the fixed fee; ii. bonus for sixty
appearances; and iii. bonus for Champions League qualifying.
10.
Claimant agreed that it is entitled to receive
0.47% of the amounts paid by the Respondent to Sporting CP.
11.
Regarding the payments over which the Claimant understands solidarity contribution is
yet to be applied, it numbers the: i. third instalment of the fixed fee; ii. bonuses for
qualifying twice to the Champions League; and iii. bonuses for ninety appearances.
12.
Regarding the specific requirements of the
de España (AEAT)
the present procedure is to follow
the regulations of FIFA, its jurisprudence, and, alternatively, Swiss law, and not national
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2020
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The claim is based in the transfer of the player from Sporting CP to the Respondent.
2.
The Claimant requested for the payment of 0.5% of the amounts paid by the Respondent
to Sporting CP plus 5% interest p.a. as of the due date.
3.
In accordance with the uncontested registration history of the player, he was trained by
the Claimant for 344 days, from 22 July 2014 until 30 June 2015, during the season of his
23rd birthday.
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4.
Art. 1 par. 1 of Annexe 5 RSTP stipulates that if a professional moves during the course
of a contract, 5% of any compensation, not including training compensation paid to his
former club, shall be deducted from the total amount of this compensation and
distributed by the new club as a solidarity contribution to the club(s) involved in his
training and education over the years. This solidarity contribution reflects the number
of years (calculated pro rata if less than one year) he was registered with the relevant
club(s) between the season of his 12th and 23rd birthdays.
5.
Given the registration period of the player with the Claimant, the latter is entitled to
receive as solidarity contribution 0.47% of the amounts paid by the Respondent to
Sporting CP.
6.
It is undisputed that, until this point, the Respondent has paid to the Claimant the
solidarity contribution due over the first and second instalments of the fixed fee.
7.
Art. 3 of the Procedural Rules determine that the chambers shall apply the FIFA Statutes
. Because of that, the requirements of the Agência Estatal de
Administración Tributaria de España (AEAT) are not to influence the decision-making
process of the Dispute Resolution Chamber.
8.
In accordance with art. 13, par. 4 of the Procedural Rules,
rely on any evidence not presented by the parties, including without limitation the evidence
generated by or within TMS and/or the Platform .
9.
In light of the above, and in addition to the first and second instalments
abovementioned, the Respondent has paid to Sporting:
a. EUR 500,000 for Champions League qualifying on 7 June 2021;
b. EUR 250,000 for thirty appearances on 7 June 2021;
c. EUR 250,000 for sixty appearances on 9 May 2022;
d. EUR 3,500,000 for the third instalment of the fixed fee on 1 July 2022;
e. EUR 500,000 for Champions League qualifying on 6 July 2022; and
f.
10.
EUR 250,000 for ninety appearances on 12 April 2023.
Art. 2 par. 2 of Annexe 5 RSTP foresees that it is the responsibility of the new club to
calculate the amount of the solidarity contribution and to distribute it in accordance with
11.
0.47% solidarity contribution, results in:
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REF TMS 12105
a. EUR 2,350 overdue on 8 July 2021 over the Champions League qualifying bonus;
b. EUR 1,175 overdue on 8 July 2021 over the thirty appearances bonus;
c. EUR 1,175 overdue on 10 June 2022 over the sixty appearances bonus;
d. EUR 16,450 overdue on 1 August 2022 over the third instalment of the fixed fee;
e. EUR 2,350 overdue on 7 August 2022 over the Champions League qualifying
bonus; and
f.
EUR 1,175 over the ninety appearances bonus.
12.
Therefore, the Claimant is entitled to solidarity contribution of EUR 24,675.
13.
Based on the above, the claim of the Claimant, is partially accepted.
14.
The Claimant additionally requested interest as from the due date.
15.
As per the practice of the DRC, interest on solidarity contribution is payable as from the
31 days after the solidarity became due and is calculated at a rate of 5% per annum.
16.
In light of the above, the Claimant is to receive EUR 24,675 of solidarity contribution as
follows:
a. EUR 16,450 plus 5% interest p.a. as from 1 August 2022;
b. EUR 2,350 plus 5% interest p.a. as from 8 July 2021;
c. EUR 1,175 plus 5% interest p.a. as from 8 July 2021;
d. EUR 2,350 plus 5% interest p.a. as from 7 August 2022;
e. EUR 1,175 plus 5% interest p.a. as from 10 June 2022; and
f.
17.
EUR 1,175.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
18.
The Claimant requested to receive EUR 43,750 as solidarity contribution.
19.
The amount claimed by the Claimant corresponds to an amount lower than USD
49,999.99. Therefore, procedural costs levied in this respect are fixed at a maximum of
USD 5,000 (cf. art. 2 of Annexe 1 of the Procedural Rules).
20.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
conduct during the procedure, as well as any advance of costs paid. In exceptional
circumstances, the chamber may order that FIFA assumes all procedural costs.
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21.
In view the specific circumstances of the case, procedural costs shall be set at USD 4,000.
22.
In view of the outcome of the claim and the conduct of the parties, said costs shall be
equally divided between the Claimant and the Respondent.
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III. DECISION
1. The claim of the Claimant, RACING CLUB, is partially accepted.
2. The Respondent, Sevilla F.C. SAD, has to pay to the Claimant the amount of EUR 24,675 of
solidarity contribution as follows:
EUR 16,450 plus 5% interest p.a. as from 1 August 2022;
EUR 2,350 plus 5% interest p.a. as from 8 July 2021;
EUR 1,175 plus 5% interest p.a. as from 8 July 2021;
EUR 2,350 plus 5% interest p.a. as from 7 August 2022;
EUR 1,175 plus 5% interest p.a. as from 10 June 2022; and
EUR 1,175.
3. Any further claims of the Claimant are rejected.
4. Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5. Pursuant to article 24 of the Regulations on the Status and Transfer of Players if full payment
(including all applicable interest) is not paid within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is still not
paid by the end of the of the three entire and consecutive registration periods.
6. The consequences shall only be enforced at the request of the Claimant in accordance
with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the Status and Transfer
of Players.
7. The final costs of the proceedings in the amount of USD 4,000 are to be paid to FIFA reference
to case no. TMS 12105 (cf. note relating to the payment of the procedural costs below) as
follows:
the amount of USD 2,000 shall be paid by the Claimant; and
the amount of USD 2,000 shall be paid by the Respondent.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before
the Court of Arbitration for Sport within 21 days of notification.
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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