Dispute Resolution Chamber
Texto da decisão
TMS 6333
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 22 June 2021,
regarding solidarity contribution for the transfer of the player John Jairo
Cifuentes Vergara
BY:
Alexandra Gómez Bruinewoud (Uruguay and the Netherlands),
Single Judge of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
C.D. Juventud Minera, Ecuador
RESPONDENT:
Pyramids FC, Egypt
Page 2 of 8
TMS 6333
I. FACTS OF THE CASE
Player:
John Jairo Cifuentes Vergara
Date of birth:
23 July 1992
Player passport:
issued by the Federación Ecuatoriana de Fútbol (FEF)
Club(s)
Delfin S.C.
Pyramids FC
U. Catolica ECU
Macara
Juventud Minera
S.D. Quito
C.D. Olmedo
From
25.01.2020
03.01.2019
26.07.2016
18.02.2015
26.07.2011
19.05.2009
08.04.2008
To
22.01.2020
03.01.2019
23.07.2016
16.02.2015
24.07.2011
16.05.2009
Status
Professional
Professional
Professional
Professional
Professional
Amateur
Amateur
Reg. type
Permanent
Permanent
Permanent
Permanent
Permanent
Loan
Permanent
Sporting season:
1 January to 31 December (Ecuador)
Date of transfer:
3 January 2019, from Universidad Católica (Ecuador) to Pyramids FC (Egypt)
Financial conditions: Transfer fee: USD 5,000,000 payable as follows:
(i)
USD 3,000,000 on 31 December 2018; and
(ii)
USD 2,000,000 on 30 July 2019.
As per clause 3 of the transfer agreement, the involved clubs agreed that the
aforementioned amount was “inclusive of solidarity contribution […] in
accordance with FIFA RSTP”.
Claimant club:
C.D. Juventud Minera (Ecuador)
Respondent club:
Pyramids FC (Egypt)
Claim and Response:
1.
On 2 December 2020, the Claimant lodged a claim for solidarity contribution against the
Respondent requesting payment of the solidarity contribution in connection with the transfer of
the player from Universidad Católica to the Respondent. The Claimant requested the payment
of USD 100,000 (40% of 5% of USD 5,000,000). No interests were requested.
2.
According to the information contained in the player’s passport provided by the Claimant, the
player was registered with it as from 26 July 2011 until 16 February 2015.
Page 3 of 8
TMS 6333
3.
On 28 January 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of USD 89,125 (35.65% of the due
solidarity contribution), plus 5% interest per annum as of 30 days of the due date of each
instalment until the date of effective payment.
4.
On 11 February 2021, the Respondent rejected the claim of the Claimant in its entirety alleging
that the Claimant’s claim was time-barred. In this respect, the Respondent stated that FIFA “lacks
of its jurisdiction to hear the claim in question, as more than two years have been elapsed since
the player was transferred to the Club taking into account that the transfer agreement of the
player […] was concluded on 7 December 2018”.
5.
In addition, and alternatively, the Respondent pointed out that “the amount was inclusive of
solidarity contribution, therefore club [Universidad Católica] shall bear the amount claimed by
[the Claimant]”.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2018 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): 2021 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
1.
The Claimant requested the payment of the solidarity contribution on the transfer of the player
to the Respondent.
2.
It is undisputed that the player was registered with the Claimant as indicated in the player
passport issued by the FEF, i.e. between 26 July 2011 until 16 February 2015.
3.
It is uncontested that the Respondent did not pay to the Claimant its proportion of the solidarity
contribution generated by the permanent transfer of the player.
4.
The Respondent rejected the claim of the Claimant alleging that more than two years have
elapsed as from the date the transfer agreement was concluded.
5.
The Regulations on the Status and Transfer of Players (RSTP) applicable to disputes relating to
solidarity contribution are always based on the date of effective registration (if the transfer fee
is payable at once) or on the date of payment of the instalments of the transfer fee (in case of
contingent payments), not on the date the transfer agreement was concluded.
Page 4 of 8
TMS 6333
6.
In accordance with art. 2 par. 1 of Annexe 5 of the RSTP, in case of contingent payments, the
new club shall pay the solidarity contribution to the training club(s) 30 days after the date of
such payments.
7.
In this regard, the Claimant’s possible claim for solidarity contribution against the Respondent
arose on the thirty-first day after the date of such payments. As such, in the matter at hand the
solidarity contribution would be, in principle, due on 31 January 2019, i.e. 31 days after the
payment of the first instalment, and on 30 August 2019, i.e. 31 days after the payment of the
second instalment.
8.
Notwithstanding the above, in cases where the clubs agreed to pay any of the instalments before
the player’s registration with the new club, solidarity contribution will only fall due once the
player is effectively registered with the new club, i.e. once the International Transfer Certificate
(ITC) is delivered and the player is registered with the new club’s Association. As such,
considering that the player’s transfer occurred on 3 January 2019, it is to be considered that the
solidarity contribution in connection with the first instalment fell due 31 days after the
registration of the player with the Respondent, i.e. on 3 February 2019.
9.
On account of the above, the events giving rise to the dispute occurred on 3 February 2019, i.e.
31 days after the registration of the player, and on 30 August 2019, i.e. 31 days after the
payment of the second instalment, reason for which the Claimant’s claim cannot be declared
barred by the statute of limitations in application of art. 25 par. 5 of the RSTP, since the claim
was lodged on 2 December 2020, thus within the time limit of 2 years.
10.
The amount to be taken into account to calculate the solidarity contribution due to the Claimant
is USD 5,000,000.
11.
The Claimant is entitled to receive its proportion of the due solidarity contribution for the training
and education provided to the player between his 19th and 23rd birthday.
12.
As per art. 1 par. 1 of Annexe 5 of the RSTP, the solidarity contribution for the seasons of a
player’s 16th birthday amounts to 10% of the total solidarity contribution.
13.
If a player is registered for less than a year this amount is to be calculated on a pro rata basis (cf.
art. 1 par. 1 of Annexe 5 of the RSTP).
14.
Taking into account the time that the player was registered with the Claimant as established in
point II.2. above, the Claimant is entitled to receive 35.65% of the solidarity contribution due,
i.e. 4.36% for the season of his 19th birthday, 10% for the season of his 20th birthday, 10% for
the season of his 21st birthday, 10% for the season of his 22nd birthday and 1.29% for the season
of his 23rd birthday. In total, the solidarity contribution amounts to USD 89,125.
15.
The Respondent did not contest the proposed amount.
Page 5 of 8
TMS 6333
16.
Nevertheless, the Respondent rejected the claim arguing that the solidarity contribution was to
be paid by the former club, i.e. Universidad Católica.
17.
Annexe 5 of the RSTP establishes that the responsibility to pay solidarity contribution is
incumbent on the new club of a player.
18.
In accordance with the jurisprudence of the Dispute Resolution Chamber (DRC), in strict
application of the provisions set forth in the RSTP, the player's new club is ordered to remit the
relevant proportion(s) of the 5% solidarity contribution to the club(s) involved in the player’s
training and education in strict application of arts. 1 and 2 of Annexe 5 of the RSTP even if the
new club had agreed otherwise with the former club of the player in the relevant transfer or
loan agreement.
19.
Should it wishes to do so, the player’s new club, i.e. the Respondent, can lodge a separate claim
in front of the Players’ Status Committee (PSC) against the former club, i.e. Universidad Católica,
to seek reimbursement of the solidarity contribution.
20.
In view of the above, the Respondent has to pay to the Claimant 35.65% of the solidarity
contribution due, i.e. 35.65% of 5% of USD 5,000,000, which amounts to USD 89,125.
21.
Consequently, the claim of the Claimant is partially accepted.
22.
No procedural costs are levied (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
23.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter.
Page 6 of 8
TMS 6333
III. DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, C.D. Juventud Minera, is partially accepted.
2.
The Respondent, Pyramids FC, shall pay to the Claimant USD 89,125 as solidarity contribution.
3.
Any further claims of the Claimant are rejected.
4.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount.
5.
The Respondent shall provide evidence of full payment to [email protected]. If applicable,
the evidence shall be translated into an official FIFA language (English, French, German, Spanish).
6.
If the due amount is not paid by the Respondent within 45 days as from notification of the bank
account details, 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 and for the maximum duration of three
entire and consecutive registration periods.
2. The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount has been received by the Claimant.
3. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
7.
No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 7 of 8
TMS 6333
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
Page 8 of 8