Dispute Resolution Chamber
Texto da decisão
REF TMS 7067
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 9 April 2021
regarding solidarity contribution in connection with the transfer of the player Omar
Colley from KRC Genk (Belgium) to Sampdoria Spa (Italy)
BY:
Roy Verm eer (Netherlands), Single Judge of the sub-committee of
the Dispute Resolution Chamber
CLAIMANT:
Wallidan FC, Gambia
RESPONDENT:
Sampdoria Spa, Italy
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REF TMS 7067
I. FACTS OF THE CASE
Player:
Omar COLLEY
Date of birth:
24 October 1992
Player passport:
issued by the Gambian Football Association (GFA) on 4 January 2021 (‘Third
Player Passport’)
Season
03/04
04/05
05/06
06/07
07/08
08/09
09/10
10/11
11/12
Club(s)
KGK Academy
KGK Academy
KGK Academy
KGK Academy
KGK Academy
Wallidan FC
Wallidan FC
Wallidan FC
Real De Banjul FC
Birthday
12th
13th
14th
15th
16th
17th
18th
19th
20th
Sporting season:
Registration dates
01.02.2005 – 31.10.2005
01.11.2005 – 31.10.2006
01.02.2006 – 31.10.2007
01.11.2007 – 31.10.2008
01.02.2008 – 31.10.2009
01.11.2009 – 31.10.2010
01.11.2010 – 31.10.2011
01.11.2011 – 31.10.2012
01.02.2012 – 31.10.2012
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Temporary)
1 November to 31 October (Gambia)
Additional Player passports:
- issued by the GFA on 5 July 2017 with season format “from [December] until [June] (note:
should run for 12 months)” (‘First Player Passport’)
Season
08/09
09/10
10/11
11/12
12/13
13/14
Club(s)
Wallidan FC
Wallidan FC
Wallidan FC
Wallidan FC
Real De Banjul FC
Real De Banjul FC
Registration dates
01.02.2008 – 19.02.2009
20.02.2009 – 31.01.2010
01.02.2010 – 19.02.2011
20.02.2011 – 31.01.2012
01.02.2012 – 19.02.2013
20.02.2013 – 09.04.2013
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
- issued by the GFA on 23 November 2020 with season format “from [November] until [October]
(note: should run for 12 months)” (‘Second Player Passport’)
Season
04/05
05/06
06/07
07/08
Birthday
12th
13th
14th
15th
Club(s)
KGK Academy
KGK Academy
KGK Academy
KGK Academy
Registration dates
01.02.2005 – 31.10.2005
01.11.2005 – 31.10.2006
01.02.2006 – 31.10.2007
01.11.2007 – 31.10.2008
Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
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08/09
09/10
10/11
11/12
12/12
16th
17th
18th
19th
20th
KGK Academy
Wallidan FC
Wallidan FC
Wallidan FC
Real De Banjul FC
01.02.2008 – 31.10.2009
01.11.2009 – 31.10.2010
01.02.2010 – 31.10.2011
01.11.2011 – 31.10.2012
01.02.2012 – 31.10.2012
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Temporary)
Date of transfer:
4 July 2018, from KRC Genk (Belgium) to Sampdoria Spa (Italy)
Conditions:
Fixed transfer fee of EUR 8,000,000 payable as follows:
a. EUR 4,000,000 by 31 July 2019; and
b. EUR 4,000,000 by 31 July 2020.
Conditional transfer fees up to EUR 2,000,000 payable as follows:
a. EUR 500,000 after “25 match appearances in Official matches of
Sampdoria”;
b. EUR 500,000 after “50 match appearances in Official matches of
Sampdoria”;
c. EUR 500,000 after “75 match appearances in Official matches of
Sampdoria”;
d. EUR 500,000 after “100 match appearances in Official matches of
Sampdoria”;
e. EUR 250,000 “each time Sampdoria is ranked within the top 10 of the
Italian domestic competition”;
f.
EUR 250,000 “each time Sampdoria qualifies for the Group Stake of
either UEFA Europa League or UEFA Europa League” (sic!);
g. EUR 250,000 “each time Sampdoria qualifies for the Round of 16 of the
UEFA Europa League”; and
h. 10% of the sell-on fee (…) of the net added value, inclusive of any FIFA
Solidarity Contribution (…)”.
Claimant club:
Wallidan FC (Gambia)
Respondent club:
Sampdoria Spa (Italy)
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Claim and Response:
1.
On 28 October 2020, the Claimant requested from the Respondent the payment of 40.3% of
the solidarity contribution generated by the 2nd instalment due as the fixed transfer fee for the
transfer of the Player, plus 5% interest from the due date.
2.
The claim of the Claimant is based on the First Player Passport on the basis of which the Claimant
claimed that it had trained the Player for 1461 days in the period corresponding to the seasons
between the Player’s 16th and 20th birthdays.
3.
On 5 November 2020, the relevant financial details of the transfer were disclosed to the Claimant
by the FIFA administration.
4.
On 12 November 2020, the Claimant amended its claim and additionally requested the payment
of solidarity contribution on the conditional transfer fee generated by the Player achieving “50
match appearances in Official matches of Sampdoria” and submitted a link to the Respondent’s
official league competition website as evidence to support its claim that the Player had played
58 matches for the Respondent until that date.
5.
On 16 December 2020, the GFA provided clarifications to the FIFA administration concerning
the season length in Gambia mentioned in the First Player Passport and provided it with the
Second Player Passport.
6.
On 6 January 2021, the GFA provided further clarifications to the FIFA administration concerning
the Second Player Passport informing it that the football season in Gambia runs from 1
November until 31 October each year and provided it with the Third Player Passport.
7.
On 6 January 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay the amount of EUR 67,500.00 to the Claimant as solidarity
contribution on the 2nd instalment due as the fixed transfer fee and the conditional transfer fee
for the Player playing in 50 official matches for the Respondent, plus 5% interest p.a.
8.
On 21 January 2021, the Respondent accepted the Proposal.
9.
On 22 January 2021, the Claimant rejected the proposal contesting the calculation made by the
FIFA administration. The Claimant upheld its request to receive 40.3% of the solidarity
contribution generated by the 2nd instalment due as fixed transfer fee and the conditional
transfer fee instalment payable as a result of the player having achieved “50 match appearances
in Official matches of Sampdoria”. The Claimant contested the information in the Third Player
Passport as follows:
a. entries for seasons 2006/07 and 2007/08 are overlapping;
b. season 2007/08 – registration with KGK Academy between 1 February 2008 and 31
October 2009 should be in favour of the Claimant;
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c. the columns ‘Season’ and ‘Exact Registration Dates’ do not match;
d. the Player’s age during each season is calculated incorrectly; and
e. wrong season dates for Gambia are applied in the Proposal.
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 is requesting the payment of 40.3% of the solidarity contribution on the 2nd
instalment due as fixed transfer fee and one conditional transfer fee instalment generated by
the transfer of the player.
2.
The Claimant based its claim on the First Player Passport showing that the Player was registered
with it between 1 February 2008 and 31 January 2012, i.e. for 1461 days as follows:
a. season of 16th birthday: from 1 February 2008 until 31 October 2008;
b. season of 17th birthday: from 1 November 2008 until 31 October 2009;
c. season of 18th birthday: from 1 November 2009 until 31 October 2010;
d. season of 19th birthday: from 1 November 2010 until 31 October 2011; and
e. season of 20th birthday: from 1 November 2011 until 31 January 2012.
3.
The GFA confirmed on 6 January 2021 by delivering the Third Player Passport that the Player
was registered with it between 1 November 2009 and 31 October 2012, i.e. for 1096 days as
follows:
a. season of 18th birthday: from 1 November 2009 until 31 October 2010;
b. season of 19th birthday: from 1 February 2010 until 31 October 2011; and
c. season of 20th birthday: from 1 November 2011 until 31 October 2012.
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4.
In their consideration of the matter, the FIFA administration and the Single Judge of the DRC
based their calculations on the Third Player Passport after the GFA confirmed to the FIFA
administration that the Second Player Passport “(…) bears some typographical errors and
miscalculations” which itself was a correction of the First Player Passport.
5.
The Single Judge of the DRC noted that no evidence was provided by the Claimant in support
of its allegation that the Player had been registered with it between 1 February 2008 and 31
October 2009.
6.
In that sense, the Single Judge of the DRC established that the overlap of registrations for
seasons 2006/07 and 2007/08, although an oversight by the GFA in the Third Player Passport,
does not constitute a relevant fact for the calculation of the solidarity contribution due to the
Claimant as the Player had not been registered with it during that period as per the Third Player
Passport.
7.
Additionally, the Single Judge of the DRC established that the Player’s registration during the
season 2010/11 should be considered as being until 31 January 2012 instead until 31 October
2012 because the Player had been on loan with Real de Banjul FC from 1 February 2012 until
31 October 2012. Due to the Player’s temporary registration to Real de Banjul FC as well as the
Claimant’s claim which is until 31 January 2012, the Player’s registrations for these two clubs
cannot overlap so a technical oversight by the FIFA administration had occurred in its proposal
affecting the calculation of the solidarity contribution.
8.
Finally, the Single Judge of the DRC noted that the Claimant’s arguments concerning the other
issues with the Third Player Passport, i.e. issues with the columns for the Player’s age as well as
the issues in matching the relevant seasons and registration dates to each other are not relevant
since the Player’s age, relevant season and the period of the Player’s registration with the
Claimant can all be calculated from the Player’s registration dates in the Third Player Passport.
9.
Therefore, the Single Judge of the DRC established the relevant registration period of the Player
with the Claimant as per the Third Player Passport as follows:
a. season of 18th birthday: from 1 November 2009 until 31 October 2010, corresponding
to the full season;
b. season of 19th birthday: from 1 November 2010 until 31 October 2010, corresponding
to the full season; and
c. season of 20th birthday: from 1 November 2011 until 31 January 2012, corresponding
to 92 days of the season.
10.
In order to properly calculate the solidarity contribution, the Single Judge of the DRC established
that the Player’s birthdays should be allocated to the corresponding seasons in accordance with
the football season in Gambia lasting from 1 November to 31 October each year, as the GFA
had informed the FIFA administration.
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11.
The Respondent does not contest the entitlement of the Claimant to receive solidarity
contribution for the training and education provided to the player.
12.
It is uncontested that the Respondent did not pay to the Claimant its portion of the due solidarity
contribution generated by the transfer fee for the 2nd fixed transfer instalment and the
conditional transfer fee for “50 match appearances in Official matches of Sampdoria”.
13.
The Claimant presented evidence that the Player had fulfilled the condition of playing in “50
match appearances in Official matches of Sampdoria” by submitting a link to the Respondent’s
official league competition website as well as additional screenshots. The Single Judge of the
DRC reviewed the evidence and established that the condition had been fulfilled on 7 July 2020
triggering a conditional payment to the Respondent of EUR 500,000.
14.
In this regard, the amount to be taken into consideration for the calculation of the solidarity
compensation is EUR 4,500,000.
15.
According to art. 21 and art. 1 par. 1 of Annexe 5 RSTP, 5% of the above due transfer fee shall
be deducted as solidarity contribution, that is to say EUR 225,000.
16.
The Claimant is entitled to receive its portion of the due solidarity contribution for the training
and education provided to the player during the course of the seasons of the player’s 18th, 19th
and 20th birthdays in accordance with the Third Player Passport.
17.
As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the season of a player’s 18th
19th and and 20th birthday shall amount to 10% of the total solidarity contribution each.
18.
If a player is registered for less than a year this amount shall be calculated pro rata (cf. art. 1 par.
1 of Annexe 5 RSTP).
19.
Since the player was registered with the Claimant for 2 full seasons of the player’s 18th and 19th
birthdays and 92 days of the season of the player’s 20th birthday, the Claimant is entitled to
receive 22.52% of the due solidarity contribution, i.e. 22.52% of EUR 225,500.
20.
In view of the above, the Claimant is entitled to receive EUR 50,670.00.
21.
Since the Claimant requested the payment of the relevant interest, the Single Judge of the DRC
established that the interest on the conditional payment is calculated as from 31 days from the
relevant payment from the triggering of the conditional clause established in the transfer
agreement as being due “(…) 10 working days as from the moment the condition is fulfilled and
upon receipt of a valid corresponding invoice.”. It has been established that the Player had
fulfilled the condition on 7 July 2020 and that “working days” in Italy are to be calculated from
Monday to Friday.
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22.
In that sense, the Single Judge of the DRC established that the interest on the solidarity
contribution due from the conditional transfer fee should be calculated as from 22 August 2020,
i.e. 31 days from 22 July 2020.
23.
Therefore, the Claimant is entitled to receive 5% interests p.a. as follows:
a. EUR 45,040.00 plus 5% interest per annum on that amount as from 31 August 2020
as the due date of solidarity contribution from the 2nd fixed transfer instalment due on
31 July 2020; and
b. EUR 5,630.00 plus 5% interest per annum on that amount as from 22 August 2020 as
the due date of solidarity contribution from the conditional transfer fee due on 22 July
2020.
24.
Consequently, the claim of the Claimant is partially accepted and all of its further claims are
rejected.
25.
No procedural costs are levied (cfr. Art 18.1 of Procedural Rules).
26.
The relevant provisions of art. 24bis RSTP are applicable in the present matter.
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REF TMS 7067
III. DECISION
1.
The claim of the Claimant, Wallidan FC, is partially accepted.
2.
The Respondent, Sampdoria Spa, shall pay to the Claimant EUR 50,670.00 as solidarity
contribution, plus 5% interest per annum on that amount as follows:
EUR 45,040.00 plus 5% interest per annum on that amount as from 31 August 2020, until
the date of effective payment; and
EUR 5,630.00 plus 5% interest per annum on that amount as from 22 August 2020, until
the date of effective payment.
3.
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).
4.
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 (including all applicable interest) 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.
5. 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
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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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