Dispute Resolution Chamber
Texto da decisão
REF TMS 7410
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 11 February 2021
regarding solidarity contribution for the transfer of the player Rodrigo Eduardo
COSTA MARINHO
BY:
Philippe Diallo (France), Single Judge of the sub-committee of the DRC
CLAIMANT:
AMERICA FC - BELO HORIZONTE (MG),
Brazil
RESPONDENT:
CRUZEIRO EC, Brazil
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REF TMS 7410
I. FACTS OF THE CASE
Player:
Rodrigo Eduardo COSTA MARINHO
Date of birth:
27 March 1988
Player passport:
issued by the Confederação Brasileira de Futebol (CBF) on 30 January 2019
Season
2011
Club
America FC - Belo
Horizonte (MG)
Birthday
23rd
Registration
11.05.2011 -31.12.2011
Status
Professional
(loan from Capivariano)
Sporting season:
1 January to 31 December (Brazil)
Date of transfer:
29 January 2019, from Pyramids FC (Egypt) to Cruzeiro EC (Brazil)
Conditions:
USD 7,000,000 payable as follows:
a.
b.
c.
d.
e.
f.
g.
USD 1,000,000 by 29 January 2019;
USD 500,000 by 30 November 2019;
USD 500,000 by 29 February 2020;
USD 1,000,000 by 31 May 2020;
USD 500,000 by 31 August 2020;
USD 500,000 by 30 November 2020; and
USD 3,000,000 by 10 January 2022.
Claimant club:
America FC - Belo Horizonte (MG) (Brazil)
Respondent club:
Cruzeiro EC (Brazil)
Claim and Response:
1.
On 15 December 2020, the Claimant requested the payment of USD 9,660 as solidarity
contribution, corresponding to 6,44% of the solidarity contribution (i.e. 235 days of the player’s
23rd birthday season) generated by the second, third, fourth, fifth and sixth installments of the
transfer fee.
2.
On 22 December 2020, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of USD 10,168.42 as solidarity
contribution.
3.
On 20 January 2021, the Claimant accepted the proposal.
4.
On 2 February 2021, the Respondent rejected the proposal.
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REF TMS 7410
5.
The Respondent indicated that the transfer fee is yet to be paid to Pyramids FC due to the
existence of an ongoing dispute with the latter in front of the FIFA Players’ Status Committee
(PSC) regarding the exact amount of said transfer fee.
6.
In this respect, the Respondent provided with a copy of the findings of the decision taken by the
PSC on 8 December 2020 and with a confirmation that it had requested the motivated decision,
the drafting of which was pending at the time.
7.
Said findings indicate that the Respondent was condemned by the PSC to pay outstanding
remuneration in the amount of USD 3,000,000 to Pyramids FC as well as a penalty fee of USD
300,000.
8.
As such, the Respondent requested that no decision shall be taken up until the above PSC
decision becomes final and binding.
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): January 2021 edition
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution on the second,
third, fourth, fifth and sixth instalments of the transfer fee scheduled to be paid in the context
of the transfer of the player from Pyramids FC to the Respondent.
2.
The Respondent does not contest the entitlement of the Claimant to receive solidarity
contribution for the training and education provided to the player.
3.
Nevertheless, the Respondent argues that since it is disputing the amount of the transfer fee
claimed by the player’s former club, Pyramids FC, no solidarity contribution shall be due up until
the dispute on the transfer fee is settled.
4.
According to art. 12 par. 4 of the Procedural Rules, the PSC and the DRC may also consider
evidence not presented by the parties.
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5.
In this respect, the motivated decision of the Single Judge of the PSC is publicly available.
6.
The above dispute is related to the Respondent’s default in paying the second, third, fourth and
sixth instalments of the transfer fee as well as the payment of a penalty fee and interest for
having delayed such payments.
7.
The Single Judge of the PSC decided that the Respondent did not bring any valid arguments to
justify the delay in paying the above instalments to Pyramids FC.
8.
The Respondent contested the penalty fee and interest, but these are not considered as part of
the transfer fee.
9.
Therefore, it is determined that the above dispute between Pyramids and the Respondent is not
a dispute over the exact value of the transfer fee, as alleged by the Respondent.
10.
Consequently, the argumentation of the Respondent in this respect is rejected.
11.
It is uncontested that the Respondent did not pay to the Claimant its portion of the due solidarity
contribution generated by the second, third, fourth, fifth and sixth instalments of the transfer
fee.
12.
According to 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 days after the player’s
registration or, in case of contingent payments, 30 days after the date of such payments.
13.
The Claimant lodged its claim on 15 December 2020.
14.
It is undisputed that the Respondent did not pay any solidarity contribution in relation to the
second, third, fourth and fifth instalments of the transfer fee which were due for more than 30
days as of the date of decision, i.e. 11 February 2021:
a.
b.
c.
d.
e.
USD 500,000 by 30 November 2019;
USD 500,000 by 29 February 2020;
USD 1,000,000 by 31 May 2020;
USD 500,000 by 31 August 2020; and
USD 500,000 by 30 November 2020.
15.
Therefore, the transfer fee taken into consideration amounts to USD 3,000,000.
16.
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 USD 150,000.
17.
In accordance with art. 2 par. 2 of Annexe 5 RSTP solidarity contribution is calculated and
distributed in accordance with the player’s career history as provided in the player passport.
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18.
As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the seasons of:
a. A player’s 12th, 13th, 14th and 15th birthdays amounts to 5% of the total solidarity
contribution; and
b. A player’ 16th, 17th, 18th and 19th birthdays amounts to 10% of the total solidarity
contribution.
19.
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 RSTP).
20.
The player was registered with the Claimant for 234 day of the season of his 23rd birthday, i.e.
6.41% of any solidarity contribution.
21.
Thus, in casu the Claimant is entitled to receive 6.41% of the due solidarity contribution, i.e.
6.41% of USD 150,000.
22.
In view of the above, the Claimant shall receive USD 9,615 as solidarity contribution for the 234
days of training and education provided to the player during the course of the season of his 23rd
birthday.
23.
In addition, taking into account the specific request of the Claimant as well as the wellestablished jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive
interest at the rate of 5% p.a. on the due amount as of the day after it became due (i.e. on the
31st day following the due date) until the date of effective payment, that is to say:
a. 5% interest per annum as from 31 December 2019 until the date of effective payment
on the amount of USD 1,602.50;
b. 5% interest per annum as from 31 March 2020 until the date of effective payment on
the amount of USD 1,602.50;
c. 5% interest per annum as from 1 July 2020 until the date of effective payment on the
amount of USD 3,205;
d. 5% interest per annum as from 1 October 2020 until the date of effective payment on
the amount of USD 1,602.50; and
e. % interest per annum as from 31 December 2020 until the date of effective payment
on the amount of USD 1,602.50.
24.
Consequently, the claim of the Claimant is partially accepted.
25.
Any further claim of the Claimant is rejected.
26.
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).
27.
Art. 24 bis is applicable.
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III. DECISION
1.
The claim of the Claimant, America FC - Belo Horizonte (MG), is partially accepted.
2.
The Respondent, Cruzeiro EC, shall pay to the Claimant solidarity contribution plus applicable
interest as follows:
-
USD 1’602.50, plus 5% interest per annum on that amount as from 31 December 2019
until the date of effective payment;
USD 1’602.50, plus 5% interest per annum on that amount as from 31 March 2020 until
the date of effective payment;
USD 3’205, plus 5% interest p.a. as from 1 July 2020 until effective payment;
USD 1’602.50 plus 5% interest p.a. as from 1 October 2020 until effective payment; and
USD 1’602.50 plus 5% interest p.a. as from 31 December 2020 until effective payment
3.
Any further claim of the Claimant is rejected.
4.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
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 (including all applicable interest) 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.
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 DRC:
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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