Solidarity Contribution
Texto da decisão
REF TMS 14167
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 13 May 2025
regarding solidarity contribution for the transfer of the player
RODRIGO BENTANCUR COLMAN
BY:
Mr. Johan van Gaalen (South Africa), Single Judge of the subcommittee of the Dispute Resolution Chamber
CLAIMANT:
ARTESANO, Uruguay
RESPONDENT:
Tottenham, England
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REF TMS 14167
I. FACTS OF THE CASE
Player:
RODRIGO BENTANCUR COLMAN
Date of birth:
25 June 1997
Player passport (s):
- issued by the Asociación Uruguaya de Fútbol (AUF):
Year
Registration dates
Status
ARTESANO
Full year
Amateur
13
ARTESANO
01/01/10 – 08/04/10
Amateur
13th
ARTESANO – COL. SUIZA
09/04/10 – 31/12/10
2011
14th
ARTESANO – COL. SUIZA
Full year
Amateur
2012
15th
ARTESANO – COL. SUIZA
Full year
Amateur
2013
16th
ARTESANO – COL. SUIZA
01/01/13 – 27/09/13
Amateur
2009
2010
Birthday
th
th
12
Club(s)
- issued by the Asociación del Fútbol Argentino (AFA):
Year
2012
2013
Birthday
Club(s)
Registration dates
Status
th
Boca Juniors
09/03/12 – 31/12/12
Amateur
th
Boca Juniors
01/01/13 – 31/12/13
Amateur
15
16
Date of transfer:
31 January 2022, from Juventus (Italy) to Tottenham (England)
Financial conditions:
- EUR 4,750,000 due on 31 January 2022;
- EUR 4,750,000 due on 31 January 2023;
- EUR 4,750,000 due on 31 January 2024:
- EUR 4,750,000 due on 31 January 2025;
- EUR 1,500,000 bonus for qualifying to group stage of UEFA Champions League;
o
Payable up to four times;
o
Player must have participated in at least 20 of the matches of the qualifying
season entering at the latest at the 46th minute in each of them; and
o
Payable on 30 June following its triggering.
Claimant club:
ARTESANO (Uruguay)
Respondent club:
Tottenham (England)
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REF TMS 14167
Claim and Response:
1.
On 2 April 2024, the Claimant requested the payment by the Respondent of a sum
corresponding to “0,317% del monto correspondiente a la tercera cuota de la transferencia,
cuyo monto fue de €4.750.000.000 y que se hizo exigible el 1 de marzo de 2024 (…) Además,
deberá agregarse, el interés del 5% anual contado a partir de la fecha en que TOTTENHAM
debió pagar el mecanismo de solidaridad y no lo hizo, hasta el día en que efectivamente se
realice el pago del mismo”.
2.
On 22 October 2024, FIFA general secretariat issued a proposal stating that “The
Respondent, Tottenham, shall pay the Claimant, Artesano: - EUR 15,057.50 (6.34% of the due
solidarity contribution) plus 5% interest per annum as from 3 March 2024 until the date of
effective payment”.
3.
The Respondent rejected the proposal under the argument that, in accordance with the
AUF player passport, the following amounts would be due to the Claimant and to
ARTESANO COL. SUIZA:
o
out of the transfer fee instalment of EUR 4,750,000 due to the former club on
31 January 2022:
§
solidarity contribution in the amount of EUR 15,057.50 would be due to
the Claimant; and
§
solidarity contribution in the amount of EUR 50,017.50 would be due to
ARTESANO COL. SUIZA;
o
out of the transfer fee instalment of EUR 4,750,000 due to the former club on
31 January 2023:
§
solidarity contribution in the amount of EUR 15,057.50 would be due to
the Claimant; and
§
solidarity contribution in the amount of EUR 50,017.50 would be due to
ARTESANO COL. SUIZA;
o
out of the transfer fee instalment of EUR 4,750,000 due to the former club on
31 January 2024:
§
solidarity contribution in the amount of EUR 15,057.50 would be due to
the Claimant; and
§
solidarity contribution in the amount of EUR 50,017.50 would be due to
ARTESANO COL. SUIZA;
o
out of the transfer fee instalment of EUR 4,750,000 due to the former club on
31 January 2025:
§
solidarity contribution in the amount of EUR 15,057.50 would be due to
the Claimant; and
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REF TMS 14167
§
solidarity contribution in the amount of EUR 50,017.50 would be due to
ARTESANO COL. SUIZA.
4.
It continues by stating that “Upon agreement of these amounts, the Artesano Clubs (via their
President, Mr Roberto Bentancur) then issued two invoices for the initial amounts owed of
€15,063.36 (due to Artesano Infantil) and €50,005.14 (due to Artesano Col. Suiza). These two
invoices were sent to THFC in one email, on the same club headed paper, signed by the same
club officials and provided the same bank details for both clubs”.
5.
The Respondent paid these amounts and then reached out to Boca Juniors, which had
claimed solidarity contribution amicably, based on the AFA player passport, for a period
overlapping with the AUF player passport from 9 March 2012 onwards.
6.
The Respondent refers to TMS claims nr. 12812, filed by the current Claimant, and nr.
12769, filed by ARTESANO COL. SUIZA, in which the overlapping between AFA and AUF
player passports was analyzed.
7.
The Respondent refers to the grounds of the decision taken on TMS 12769 to highlight
that FIFA acknowledged that, following CAS decision on 2012/A/2839, the legality of the
registration of the player with Boca Juniors on February 2011 was confirmed, and that
the player left ARTESANO COL. SUIZA on 31 January 2011.
8.
Over the first installment of the fixed fee, the Respondent provides as evidence the proof
of payment in the amount of EUR 65,068.49 with:
o EUR 50,005.14 being attributed to ARTESANO COL. SUIZA; and
o EUR 15,063.36 being attributed to the Claimant.
9.
The payments were made to the same bank account considering the invoice issued by
the Claimant arguing to be the same entity as ARTESANO COL. SUIZA.
10.
Over the second instalment of the fixed fee, and again to the same bank account, the
Respondent provides proof of payment of the amounts ordered by TMS 12769, filed by
ARTESANO COL. SUIZA, and 12812, filed by the Claimant, in the amounts of:
o EUR 10,136.01 due to the ARTESANO COL. SUIZA; and
o
EUR 15,750.56 due to the Claimant.
11.
In light of the above, given the consideration of TMS claim nr. 12769, regarding the player
having left Uruguay on 1st February 2011, and given the Claimant’s position of receiving
in the same bank account payments due to the latter and ARTESANO COL. SUIZA, the
Respondent is of the opinion that it overpaid the Claimant so far.
12.
It argued it paid to the latter combined amounts of EUR 90,955.06, attributed to the
Claimant and to ARTESANO COL. SUIZA, over first and second instalments, when it
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REF TMS 14167
understands it should have been due only 0.52% of the total amount, for the registration
period from 1 January 2009 until 31 January 2011, i.e. EUR 49,495.00.
13.
The Respondent is of the opinion that, being entitled to receive 0.52% over the remaining
two fixed fee instalments, the Claimant should receive at the most EUR 49,495.00 over
them, and that EUR 40,321.00 of it should be considered settled by the overpaid amount
up until this point.
14.
The Claimant did not provide final arguments.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): 2022 edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution, which it
considers to be equal to 0.317% of the third installment of the fixed fee.
2.
In accordance with art. 21 and annex 5 RSTP, it is undisputed that 5% of the transfer fee
paid by the Respondent should be distributed as solidarity contribution.
3.
The Respondent agreed with the Former Club on the payment of the following
instalments:
o
EUR 4,750,000 due on 31 January 2022:
o
EUR 4,750,000 due on 31 January 2023:
o
EUR 4,750,000 due on 31 January 2024: and
o
EUR 4,750,000 due on 31 January 2025:
4.
The Claimant acknowledges that it received its solidarity contribution entitlement over
the first and second fixed fee instalments before the filing of the present claim.
5.
The Respondent argued that at the time it engaged with the Claimant regarding the
payment of solidarity contribution, the Respondent was under the bona fide
understanding that payment was due to the Claimant and that there was no overlapping
with the AFA player passport.
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REF TMS 14167
6.
The Claimant also did not correct the Respondent and due to the Respondent’s bona
fide’s, the latter made an overpayment of solidarity contribution to the Claimant as
evident below.
7.
In accordance with the AUF player passport, the player was registered with the Claimant
for 463 days, from 1 January 2009 until 8 April 2010, resulting in an entitlement of 0.317%
of the due solidarity contribution.
15.
When the claim was filed, the Claimant requested for the receipt of solidarity
contribution over the third instalment of the transfer fee, resulting in the Claimant
requesting for the receipt of EUR 15,057.50, which results from the requested 0.317% of
solidarity contribution over the EUR 4,750,000.00 instalment.
16.
The Respondent provided evidence that the Claimant and ARTESANO – COL. SUIZA,
called by the Respondent as “Artesano clubs”, issued invoices on the same letterhead and
shared the same bank account, consequently receiving the payment of entitlements
over previous instalments as the same beneficiary, the same football entity.
17.
In the correspondence from the Claimant to the Respondent, the alleged amounts owed
over the first two instalments to the “Artesano clubs” were paid to one football entity.
Representatives from the “Artesano clubs” were copied in the related correspondence.
18.
As part of the registration period with ARTESANO COL. SUIZA overlapped with the one
of the AFA player passport, on TMS claim 12769, FIFA acknowledged CAS determination
on 2012/A/2839, which stablished that the player left Uruguay on 1 st February 2011, so
the registration period of the player in that country ended on 31 January 2011.
19.
It is important to note that the Claimant and ARTESANO COL. SUIZA filed separate TMS
claims over the second fixed fee instalment of EUR 4,750,000.00, i.e. respectively TMS
12812 and TMS 12769.
20.
In the latter and given the overlapping between AUF and AFA player passport, FIFA
determined the player left ARTESANO COL. SUIZA on 31 January 2011, and ordered the
Respondent to pay:
a. the Claimant the amount of EUR 15,750.50; and
b. ARTESANO COL. SUIZA the amount of EUR 10,136.01, i.e. EUR 39,869.13 less
than what was paid over the first instalment.
21.
Considering the above, it is therefore evident that the Respondent overpaid the
“Artesano clubs”, i.e. the Claimant and ARTESANO COL. SUIZA.
22.
The Respondent therefore argues having paid EUR 40,321.00 more to the Claimant than
what was due over the first and second instalments of the fixed transfer fee, the
Claimant is indeed in debt to the Respondent.
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REF TMS 14167
23.
The Claimant did not provide final allegations; therefore, the Claimant, despite having
an opportunity, did not rebut the submissions of the Respondent.
24.
Art. 13, par. 5 of the FIFA Procedural Rules determines that a party must prove what it
states. The Respondent fulfilled its obligation providing invoices and email exchanges
with the Claimant as well as referring to previous FIFA decision which acknowledged the
player left Uruguay on 1st February 2011.
25.
It is undisputed that:
a. There was an overlapping between the AUF and the AFA player passports;
b. Claimant and ARTESANO COL. SUIZA are the same entity, and that the player
left the latter on 1st February 2011;
c. In light of the above, the Claimant and ARTESANO COL. SUIZA would be entitled
to receive 0.521% of solidarity contribution for the 761 days of training between
1 January 2009 and 31 January 2011; and
d. The Respondent overpaid the overpaid the “Artesano clubs”, i.e. the Claimant
and ARTESANO COL. SUIZA.
26.
Should the “Artesano clubs” solidarity contribution percentage of 0.521% be applied, the
Claimant would be entitled to receive EUR 49,495.00 over the amount of EUR 9,500,000
of third and fourth instalments combined.
27.
It is undisputed that the Respondent overpaid solidarity contribution over the first and
second instalment, which would entitle the Claimant to receive the difference between
it and the remaining solidarity contribution entitlement in the amount if the percentage
of 0.521% was applied.
28.
However, the Claimant limited its request to 0.317% of solidarity contribution, which
would result in the amount of EUR 30,115.00 by multiplying the 0.317% requested
entitlement by EUR 9,500,000.00 of third and fourth instalments combined.
29.
The Single Judge considered the abovementioned amount, i.e. EUR 30,115.00 being
undisputedly settled by the overpaid EUR 39,869.13.
30.
As the Respondent’s overpayment cover the Claimant’s 0.317% requested solidarity
contribution, the claim is rejected.
31.
Procedural costs in the maximum amount of USD 25,000 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution (cf.
art. 18 par. 1 of the Procedural Rules).
32.
The Claimant requested being entitled to an amount lower than USD 49,999. Procedural
costs shall be set at the maximum amount of USD 5,000.
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33.
In view of the outcome of the claim, the costs shall be fully borne by the Claimant in the
amount of USD 5,000.
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REF TMS 14167
III. DECISION
1. The claim of the Claimant, ARTESANO, is rejected.
2. The final costs of the proceedings in the amount of USD 5,000.00 are to be paid by the
Claimant to FIFA reference to case no. TMS 14167 (cf. note relating to the payment of the
procedural costs below).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 14167
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 – Legal & Compliance
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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