Solidarity Contribution
Texto da decisão
REF TMS 12812
Decision of the
Dispute Resolution Chamber
passed on 19 December 2023
regarding solidarity contribution for the transfer of the player Rodrigo
Bentancur Colman
BY:
Frans De Weger (Netherlands), Chairperson of the Dispute
Resolution Chamber of the Football Tribunal
CLAIMANT:
ARTESANO, Uruguay
RESPONDENT:
TOTTENHAM, England
Page 2 of 9
REF TMS 12812
I.
FACTS OF THE CASE
Player:
Rodrigo Bentancur Colman
Date of birth:
25 June 1997
Player passport:
issued by the Asociación Uruguaya de Fútbol (AUF) on 29 April 2022.
Birthday
Club(s)
13th - 16th
th
12
13
11
th
th
7
Artesano
th
Transfer:
Col. Suiza
Registration dates
Status
09.04.2010
27.09.2013
Amateur
Artesano
01.01.2009
08.04.2010
Amateur
Colonia
29.04.2008
31.12.2008
Amateur
Colonia
31.12.2004 - 31.12.2004
Amateur
31 January 2022, from Juventus F.C. S.P.A. (Italy) to the club Tottenham
(England)
Relevant conditions: Fixed transfer fee of EUR 19,000,000.00 payable as follows:
a. EUR 4,750,000
registration;
b. EUR 4,750,000, plus VAT if due, on 31st January 2023;
c. EUR 4,750,000, plus VAT if due, on 31st January 2024; and
d. EUR 4,750,000, plus VAT if due, on 31st January 2025.
Art. 7 of the transfer agreement: 7. THFC and Juventus agree that they shall
each be responsible for 50% of the total of any third-party Solidarity claims
and as such, max. 2.5% of the any and all fees payable under this Agreement
shall be deducted by THFC, provided however that THFC shall distribute to
third-party
Claimant club:
Artesano (Uruguay)
Respondent club: Tottenham (England)
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REF TMS 12812
Claim and Response:
1.
On 25 April 2023, the Claimant requested the payment by the Respondent of 0.317% of
the due solidarity contribution generated by the second instalment of the transfer of the
player from Juventus F.C. S.P.A., to the Respondent, plus interest of 5% p.a. as from the
due date until the effective payment.
2.
The Claimant requested the sum of EUR 15,063.
3.
On 3 May 2023, the FIFA general secretariat proposed that the Respondent shall pay EUR
15,057.00 as solidarity contribution to the Claimant.
4.
The Claimant accepted the proposal; however, the Respondent rejected it.
5.
The Respondent stated that it was happy to distribute solidarity contribution to the
parties that are due, however, it explained that there were conflicting player passports
and dates that overlap, so it requested clarity before paying the due solidarity
mechanism.
6.
Once the player registered with the Respondent, the club contacted the training clubs of
the player and received two player passports. An Argentinean and a Uruguayan. The
player passports had overlapping dates.
7.
To proof the above, the Respondent provided extensive documentation including:
(i)
(ii)
(iii)
(iv)
(v)
Argentinian player passport;
Uruguayan player passport;
email from the Uruguayan administrative chief stating the date (27.09.2013) of
the international transfer of the player;
Decision of the Single Judge of the Player Status Sub-Committee from 25
September 2023, granting the authorization to register the underage player;
which validates the date of de-registration of the player with the Uruguayan club
until September 2013; and
Decision of the Dispute Resolution Chamber from 15 July 2016, in favour of Boca
Juniors.
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REF TMS 12812
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2021
edition
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition
Decision:
1.
The Claimant requested the payment of solidarity contribution resulting from the
payment by the Respondent to Juventus F.C. S.P.A., of the second instalment of the
permanent transfer fee, i.e., EUR 4,750.000.
2.
The Respondent rejected the proposal of the FIFA general secretariat, manifesting that
it is willing to pay the due solidarity contribution, however, there are conflicting player
passports and thus requested the Dispute Resolution Chamber to bring some clarity in
the matter.
3.
The concerns raised by the Respondent are actually related to a different TMS claim and
different Claimant. So, the arguments brought forward by the Respondent are irrelevant
to the present dispute.
4.
Consequently, the proposal issued by the FIFA general secretariat was correct.
5.
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 calendar years his 12th and 23rd birthdays.
6.
In addition, 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
.
7.
As indicated in the AUF player passport, the player inter alia was registered with the
Claimant as from 1 January 2009 until 8 April 2010, i.e. during:
a. 365
b. 98 days of the
12th birthday; and
13th birthday.
Page 5 of 9
REF TMS 12812
8.
Based on the above, the Claimant is entitled to receive 6.34% of any solidarity
contribution generated by the second instalment of the transfer of the player,
corresponding to:
a. 5% for the training and education provided to the player during the 365 days of
the calendar year of his 12th birthday; and
b. 1.34% for the training and education provided to the player during the 98 days
of the calendar year of his 13th birthday.
9.
Thus, the Respondent had 30 days to pay any solidarity generated by the payment of the
due second instalment of the transfer fee to the training clubs, i.e., as from 31 January
2023 until 2 March 2023.
10.
It is uncontested that, to date, the Respondent did not pay any due solidarity
contribution whatsoever to the Claimant in relation to the second instalment of the
transfer of reference.
11.
Additionally, the Claimant requested the payment of 5% interest p.a., as from 31 January
2023.
12.
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.
13.
The second instalment fell due on 31 January 2023.
14.
Therefore, the Respondent should pay to the Claimant 5% interest per annum on the
amount of EUR 15,057.50 calculated as from the date said payment will become overdue
(i.e. 3 March 2023), until effective payment.
15.
In view of all of the above, the Respondent shall pay to the Claimant EUR 15,057.50 plus
5% interest p.a., on that amount, as from 3 March 2023 until the date of effective
payment.
16.
Any further claim of the Claimant is rejected.
17.
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 claimed EUR 15,063 (i.e., 0.317% of EUR 4,750.000).
19.
Thus, 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 up to USD 5,000
(cf. art. 2 of Annexe 1 to the Procedural Rules).
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REF TMS 12812
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.
21.
In view the specific circumstances of the case, procedural costs shall be set at USD
1,500.00 and will be borne by the Respondent.
22.
Art. 24 par. 7 and 8 are applicable.
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REF TMS 12812
III.
DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Artesano is partially accepted.
2.
The Respondent, Tottenham, shall pay to the Claimant solidarity contribution of EUR
15,057.50, plus interest 5% interest p.a. on that amount, as from 3 March 2023, until
effective payment.
3.
Any further claim of the Claimant is 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 of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 1,500.00 are to be paid by the
Respondent to FIFA reference to case no. TMS 12812 (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 12812
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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 17 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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