Solidarity Contribution
Texto da decisão
REF TMS 13419
Decision of the
Dispute Resolution Chamber
passed on 11 December 2023
regarding solidarity contribution for the transfer the player Ismaila
Pathe Ciss
BY:
Stefano Sartori (Italy), member
CLAIMANT:
DIAMBARS FOOTBALL CLUB, Senegal
RESPONDENT:
RAYO VALLECANO DE MADRID SAD, Spain
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REF TMS 13419
I. FACTS OF THE CASE
Player:
Ismaila Pathe Ciss
Date of birth:
16 March 1994
Player passport:
issued by the Senegalese Football Association (SFA):
Season
Birthday Club(s)
Registration dates
Status
2006 - 2007
12th
Diambars FC
01.10.2006 - 30.09.2007
Amateur
2007 2008
13
Diambars FC
01.10.2007 30.09.2008
Amateur
2008 - 2009
14
Diambars FC
01.10.2008 30.09.2009
Amateur
2009 2010
14
Diambars FC
01.10.2009 30.09.2010
Amateur
2010 - 2011
16
Diambars FC
01.10.2010 - 30.09.2011
Amateur
2011 2012
th
17
Diambars FC
01.10.2011 30.09.2012
Professional
2012 2013
18th
Diambars FC
01.10.2012 - 30.09.2013
Professional
2013 2014
19
Diambars FC
01.10.2013 30.09.2014
Professional
2014 2015
20
2015 2016
21
2016 2017
22
2016 - 2017
22nd
th
th
th
th
th
Diambars FC
01.10.2014 30.09.2015
Professional
st
Diambars FC
01.10.2015 30.09.2016
Professional
nd
Diambars FC
01.10.2016 02.08.2017
Professional
CF Uniao DAM
03.08.2017 -
Professional
th
Sporting season:
Calendar year to be taken into account.
Date of transfer:
12 August 2021, from C.F. Fuenlabrada SAD (Spain) to Rayo Vallecano de
Madrid SAD (Spain).
Financial conditions:
Fixed transfer fee of EUR 3,000,000.00 as follows:
- EUR 1,500,000.00 with the signature of the transfer agreement.
- EUR 1,500,000.00, within a period not exceeding one year from
the signature of the transfer agreement.
Claimant club:
Diambars Football Club, Senegal
Respondent club: Rayo Vallecano de Madrid SAD, Spain
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REF TMS 13419
Claim and Response:
1.
On 28 August 2023, the Claimant requested the payment by the Respondent of 4.75% of
any due solidarity contribution on the transfer of the player from C.F. Fuenlabrada SAD
to the Respondent, plus 5% p.a. interest as of the due date, until the date of effective
payment.
2.
On 11 October 2023, the FIFA general secretariat proposed that the Respondent shall
pay EUR 98,794.52 as solidarity contribution to the Claimant, plus 5% interest per annum
as follows: (i) On the sum of EUR 49,397.26, as from 12 September 2021; and (ii) On the
sum of EUR 49,397.26, as from 12 September 2022, until the date of effective payment.
3.
The Claimant accepted the proposal; however, the Respondent rejected it.
4.
The Respondent questioned the admissibility of the claim of the Claimant as it considers
it time-barred.
5.
The transfer agreement between the former club of the player and the Respondent was
signed on 27 July 2021 and the claim of the Claimant was lodged until 28 August 2023,
more than two years after the events giving rise to the dispute.
6.
In view of the above, the Respondent made reference to article 23.3 of the FIFA
Regulations on the Status and Transfer of Players.
7.
Subsidiarily, in the case that the Dispute Resolution Chamber decides that the claim of
the Claimant is admissible, the Respondent argued that the first instalment is timebarred.
8.
The transfer agreement stipulates that the first instalment is to be paid with the
signature of the agreement, i.e., 27 July 2021, so solidarity contribution should have been
paid no later than 30 days after the date of such payment, i.e., 25 August 2021.
9.
Considering that the claim of the Claimant was lodged in TMS until 28 August 2023, this
is more than 2 years after the events that gave rise to the dispute.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): February 2021
edition
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition
Jurisdiction:
Contested
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REF TMS 13419
Admissible:
Contested
Decision:
1.
The Claimant requested the payment of solidarity contribution resulting from the
transfer of the player to the Respondent.
2.
The player was transferred from C.F. Fuenlabrada SAD to the Respondent on 12 August
2021 against the payment of a transfer fee of EUR 3,000,000 payable in two instalments
as follows:
-
EUR 1,500,000.00 with the signature of the transfer agreement.
-
EUR 1,500,000.00, within a period not exceeding one year from the signature of
the transfer agreement.
3.
In accordance with art. 2 par. 1 of Annexe 5 RSTP, the new club shall pay the solidarity
contribution to the training club(s) pursuant to the above provisions no later than 30
after the
date of such payments.
4.
The regulations are clear in setting the registration date of a player as the starting point
for the payment of solidarity contribution. This specific deadline is significant in two
ways. First, in the event of late payment, and where FIFA is requested to intervene by a
creditor club, the DRC generally awards interest on outstanding compensation
payments starting from the 31st
Since the latest possible due date is the 30th day after
new club, the new club is in default from the 31st day following registration.
5.
Second, the two-year time limit in which any claim must be lodged with the DRC also
begins on the 31st
6.
In view of the above, the key element is the date of registration of the player.
7.
So, for the present dispute the payment of each instalment became due as follows:
- the first instalment at the registration of the player with the Respondent, i.e. on
12 August 2021; and
- the second instalment within a period not exceeding one year after the first
instalment, i.e., 12 August 2022.
8.
Thus, the solidarity contribution generated by the two above payments were due to the
training clubs:
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REF TMS 13419
- by no later than 11 September 2021 on the first instalment; and
- by no later than 11 September 2022 on the second instalment.
9.
Therefore, in line with art. 23 par. 3 of the RSTP, any entity wishing to lodge a claim in
front of the DRC with regards to the solidarity contribution generated by the transfer fee
of reference had up until:
- 11 September 2023 to do so for the first instalment; and
- 11 September 2024 to do so for the second instalment.
10.
The Claimant lodged the claim on 28 August 2023, consequently, the claim if the
Claimant is admissible and the Dispute Resolution Chamber of the Football Tribunal has
jurisdiction to decide on this case.
11.
Art. 1 par. 1 of Annexe 5 of the RSTP stipulates that if a professional player move 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 seasons of his 12th and 23rd birthdays.
12.
It remained uncontested that the player was registered with Diambars Football Club as
indicated in the player passport issued by the SFA, i.e., from 1 January 2009 until 2 August
2017, corresponding to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
365 days of the calendar year
365 days of the calendar year of
366
365 days of the calendar year of the
2th birthday;
th
birthday;
th
birthday;
th
5 birthday;
th
birthday;
th
birthday;
th
birthday;
th
birthday; and
th
birthday.
13.
In accordance with art. 2 par. 1 of Annexe 5 of the RSTP, the new club of a player shall
pay the solidarity contribution to the training club(s) no later than 30 days after the
e of such
payments.
14.
It is assumed that it the payment of each instalment became due as detailed in
paragraph II.8.
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REF TMS 13419
15.
As per art. 1 par. 1 of Annexe 5 of the RSTP, solidarity contribution for the calendar year
th
to 15th birthday amounts to 5% of the total solidarity contribution, and
th
solidarity contribution for the calendar year
to 23rd birthday amounts
to 10% of the total solidarity contribution, calculated on a pro rata basis if less than a
year.
16.
Based on the above, the Claimant is entitled to receive 65.86% of any solidarity
contribution generated by transfer of the player, corresponding to:
a. 5% solidarity contribution for the training education provided to the player during
the calendar year of his 12th birthday;
b. 5% solidarity contribution for the training education provided to the player during
the calendar year of his 13th birthday;
c. 5% solidarity contribution for the training education provided to the player during
the calendar year of his 14th birthday;
d. 5% solidarity contribution for the training education provided to the player during
the calendar year of his 15th birthday;
e. 10% solidarity contribution for the training education provided to the player during
the calendar year of his 16th birthday;
f. 10% solidarity contribution for the training education provided to the player during
the calendar year of his 17th birthday;
g. 10% solidarity contribution for the training education provided to the player during
the calendar year of his 18th birthday;
h. 10% solidarity contribution for the training education provided to the player during
the calendar year of his 19th birthday; and
i. 58.63% of the 10% solidarity contribution for the training education provided to the
player during the calendar year of his 20th birthday.
17.
It is uncontested that the Respondent did not pay any of the due solidarity contribution
to the Claimant.
18.
The Respondent shall pay to the Claimant solidarity contribution of EUR 98,794.52,
corresponding to 65.86% of any solidarity contribution generated by the transfer of the
player.
19.
In addition, the Claimant requested the payment of interest over the claimed amount at
a rate of 5% p.a. as of the due date until the date of effective payment.
20.
-established jurisprudence
of the DRC with regard to interest, the Claimant is entitled to receive interest of 5% p.a.
over the amount payable as solidarity contribution as of the 31st day after the date set
for the payment of each instalment of the transfer fee of reference, i.e., on the amount
EUR 49,397.26 as from 12 September 2021; and on the amount of EUR 49,397.26 as
from 12 September 2022.
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REF TMS 13419
21.
In view of all the above, the claim of the Claimant is partially accepted, and the Claimant
is entitled to receive EUR 98,794.52 as solidarity contribution, plus 5% interest p.a. on
that amount, as establish above.
22.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
23.
Thus, the amount awarded to the Claimant corresponds to an amount between USD
50,000.00 and USD 99,999.99. Therefore, procedural costs levied in this respect are fixed
up to USD 10,000 (cf. art. 2 of Annexe 1 to the Procedural Rules).
24.
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.
25.
In view the specific circumstances of the case, procedural costs shall be set at USD
6,000.00 and will be borne by the Respondent.
26.
Art. 24bis pars. 7 and 9 of the RSTP are applicable.
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REF TMS 13419
III.
DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Diambars Football Club, is partially accepted.
2.
The Respondent, Rayo Vallecano de Madrid SAD, has to pay to the Claimant, EUR
98,794.52, as solidarity contribution plus 5% interest p.a. as follows:
a) On the sum of EUR 49,397.26, as from 12 September 2021; and
b) On the sum of EUR 49,397.26, as from 12 September 2022, until the date of effective
payment.
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 24bis 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 24bis 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 6,000.00 are to be paid by the
Respondent to FIFA reference to case no. TMS 13419 (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 13419
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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