Solidarity Contribution
Texto da decisão
REF TMS 10264
Decision of the
Dispute Resolution Chamber
passed on 13 May 2022
regarding solidarity contribution for the transfer of the player Ibrahima
DIALLO
BY:
Stefano Sartori (Italy)
CLAIMANT:
TOURS F.C., France
RESPONDENT:
Southampton FC, England
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REF TMS 10264
I. FACTS OF THE CASE
Player:
Ibrahima DIALLO
Date of birth:
8 March 1999
Player passport:
issued by the Fédération Française de Football (FFF) on an unknown date –
relevant abstract below
Season
Birthday
Club(s)
Registration dates
Status
2010/2011
12th
TOURS F.C.
02.09.10 – 30.06.11
2011/2012
13th
TOURS F.C.
26.08.11 – 30.06.12
Amateur
(Permanent)
Amateur
(Permanent)
Sporting seasons:
1 July to 30 June of the following year (France)
Date of transfer:
5 October 2020, Stade Brestois (France) to Southampton FC (England)
Financial conditions:
Fixed transfer fee: EUR 12,000,000 payable as follows:
- EUR 3,000,000 on 5 October 2020;
- EUR 3,000,000 on 1 September 2021;
- EUR 3,000,000 on 1 September 2022; and
- EUR 3,000,000 on 1 September 2023.
Contingent payments:
- Clause 2.2 (a): EUR 500,000 upon the player being named in the starting
eleven on the official team sheet or entering the field of play for a minimum
of 45 minutes in the Premier League, payable upon completion of 15
Appearances, within seven days of the condition being achieved; and
- Clause 2.2 (b): EUR 500,000 on the first occasion that Southampton retain
Premier League status, on the condition that the player has entered the field
of play on 19 occasions in the Premier League, FA Cup or English Football
League Cup in the qualifying season, within seven days of the condition being
achieved.
Claimant club:
TOURS F.C., France
Respondent club:
Southampton FC, England
Claim and Response:
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REF TMS 10264
1.
On 12 April 2022, the Claimant lodged a claim against the Respondent for the solidarity
contribution in connection with the transfer of the player from Stade Brestois (France) to the
Respondent and requested “0.42 % of any compensation agreed upon and/or paid to the
Former Club or any future payments (such as, but not limited to, bonus payments, buy option,
sell-on clauses), or 8.39 % of the total solidarity contribution, plus 5% p.a. interest as of the due
date, until the date of effective payment.”
2.
After having been informed of the aforementioned financial conditions of the transfer
agreement, the Claimant amended its initial claim on 19 April 2022 and requested “EUR
29,400.00, divided as follows:
• EUR 25,200.00 out of a total of EUR 50.400,00 as solidarity contribution over the fixed fee
(two instalments of EUR 3,000,000.00, from the total fixed fee of EUR 12.000.000,00);
• EUR 2,100.00 as solidarity contribution over the conditional payment due after 15 appearances
(EUR 500.000,00).
• EUR 2,100.00 as solidarity contribution over the conditional payment due after 19 times the
player entered the field on the first occasion Southampton retained Premier League Status (EUR
500.000,00).”
3.
In support to the above request, the Claimant provided screenshots retrieved from the website
www.transfermarkt.com evidencing that clause 2.2 (a) had been triggered on 11 December
2021 and that clause 2.2 (b) had been triggered on 18 April 2021.
4.
On 27 April 2022, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of EUR 29,365 as solidarity contribution,
i.e. 8.39% of the due solidarity contribution, plus 5% interest p.a. until the date of effective
payment, as follows:
- on the amount of EUR 12,585 as from 5 November 2020;
- on the amount of EUR 2,097.50 as from 20 May 2021;
- on the amount of EUR 12,585 as from 2 October 2021; and
- on the amount of EUR 2,097.50 as from 18 January 2022.
5.
The proposal was accepted by the Claimant and rejected by the Respondent.
6.
On 12 May 2022, the Respondent first argued that it paid to the Claimant, via its FA (The FA),
the amounts of (i) EUR 12,570 on 7 January 2021; (ii) EUR 2,095 on 9 September 2021; and (iii)
EUR 12,570 on 23 November 2021.
7.
However, the Respondent indicated that ”all above amounts that have been returned by the
claimants bank currently sit with The FA, together with a further payment of €2095 made by
[the Respondent] to The FA for the player making 15 Premier League Starts, whilst await the
correct bank details to allow The FA to make the transfer of funds”.
8.
In addition, the Respondent indicated that, despite its best efforts showed by having exchanged
several correspondences with the Claimant, a law firm acting on its behalf and the FFF, all
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between September 2021 and March 2022, it did not manage to obtain the Claimant’s new
bank details in order to allow The FA to pass on the aforementioned amounts to the Claimant.
9.
In respect to the above, the Respondent provided bank statements referring to the
aforementioned amounts being processed on the relevant dates by The FA and two out of three
payments being returned to the issuing bank stating that the relevant bank account of the
beneficiary, i.e. the Claimant, was closed. In addition, the Claimant also provided the
aforementioned correspondence among which a last email exchanged with the Claimant on 16
March 2022 by means of which it requested the latter to be provided with the promised bank
details.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 2020 edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules): October
2021 edition.
Jurisdiction:
yes, uncontested.
Admissible:
yes, uncontested.
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution on the two first
instalments of the fixed transfer fee (EUR 6,000,000) and on the contingent fees (EUR
1,000,000), which it considers to be equal to 8.39% of the 5% solidarity contribution, i.e. EUR
29,400, plus 5% interest p.a. as of the due dates.
2.
The Respondent did not contest the Claimant’s entitlement to its share of solidarity contribution.
3.
However, the Respondent indicates that the payment of the due amounts could not be duly
processed because of the closure of the Claimant’s bank account currently sit with The FA and
the Claimant’s failure to provide it with valid bank details in order to proceed with such
payments.
4.
Art. 27 of the Procedural rules indicates that a claim lodged in the Transfer Matching System
(TMS) for the solidarity contribution shall contain the details of a bank account registered in the
name of the claimant on a signed copy of the Bank Account Registration Form.
5.
In casu, the Claimant provided such document along its claim and as such the said details of the
Claimant’s bank contained in the aforementioned document will be processed within the
context of the matter at stake.
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6.
Art. 1 par. 1 of Annexe 5 of the RSTP provides inter alia that the solidarity contribution reflects
the number of years the player was registered with the relevant club(s) between the seasons of
his 12th and 23rd birthdays in accordance with the player passport of reference.
7.
It is uncontested that, in line with the FFF player passport, the player was registered with the
Claimant as from 2 September 2010 until 30 June 2011, i.e. during 302 days of the season of
his 12th birthday and as from 26 August 2011 until 30 June 2012, i.e. during 310 days of the
season of his 13th birthday.
8.
According to art. 2 par. 1 of Annexe 5 of the 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.
9.
It remained uncontested that, in line with the transfer agreement of reference, the first and the
second installment of the transfer fee became due, respectively EUR 3,000,000 on 5 October
2020 and EUR 3,000,000 on 1 September 2021.
10.
Art. 13 par. 4 of the Procedural Rules indicates that a chamber may consider and rely on any
evidence not presented by the parties, including without limitation the evidence generated by
or within TMS.
11.
In this respect, according to the evidence on file and from the information publicly available, it
appears that the player has completed his 15th appearance being named in the starting eleven
on the official team sheet or entering the field of play for a minimum of 45 minutes in the
Premier League on 11 December 2021 (clause 2.2 (a)) and that the Respondent retained Premier
League status, with the player having entered the field of play on 19 occasions in the Premier
League, FA Cup or English Football League Cup in the qualifying season, on 12 April 2021
(clauses 2.2 (b)).
12.
Consequently, it is established that the two contingent fees related in clauses 2.2 (a) and (b) of
the transfer agreement became due, respectively EUR 500,000 on 18 December 2021 and EUR
500,000 on 19 April 2021, i.e. both within seven days of the relevant condition being achieved.
13.
Consequently, the amount to be taken into account to calculate the solidarity contribution due
to the Claimant is EUR 7,000,000.
14.
According to art. 21 and art. 1 par. 1 of Annexe 5 RSTP, 5% of the above due fee shall be
deducted as solidarity contribution, that is to say EUR 350,000.
15.
As per art. 1 par. 1 of Annexe 5 of the RSTP, solidarity contribution for the seasons of a player’s
12th to 15th birthday shall amount to 5% of the total solidarity contribution.
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16.
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 of the RSTP).
17.
Since the player was registered with the Claimant as established in point II./7., the Claimant is
entitled to receive 8.39% of the due solidarity contribution, corresponding to 4.14% for the
season of his 12th birthday and 4.25% for the season of his 13th birthday.
18.
Thus, in casu the Claimant is entitled to receive 8.39% of the due solidarity contribution, i.e.
8.39% of EUR 350,000.
19.
In view of the above, the Claimant shall receive EUR 29,365, as solidarity contribution for the
training and education provided to the player during the 612 days in the course of the seasons
of his 12th and 13th birthday.
20.
In addition, taking into account the specific request of the Claimant as well as the 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:
- on the amount of EUR 12,585 as from 5 November 2020;
- on the amount of EUR 2,097.50 as from 20 May 2021;
- on the amount of EUR 12,585 as from 2 October 2021; and
- on the amount of EUR 2,097.50 as from 18 January 2022.
21.
Consequently, the claim of the Claimant is partially accepted.
22.
Any further claim of the Claimant is rejected.
23.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for dispute
between clubs regarding the payment of training rewards.
24.
The Claimant claimed the amount of EUR 29,400.
25.
Thus, the amount claimed by the Claimant corresponds to an amount lower than USD 49,999.
26.
Therefore, procedural costs levied in this respect are fixed at a maximum of USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules).
27.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount that
each party is due to pay, in consideration of the parties’ degree of success and their 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.
28.
In view the specific circumstances of the case, procedural costs shall be set at USD 3,000.
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29.
In view of the outcome of the claim and the conduct of the parties, said costs shall be borne by
the parties, as follows:
a. The amount of USD 1,000 shall be paid by the Claimant;
b. The amount of USD 2,000 shall be paid by the Respondent.
30.
Art. 24bis RSTP is applicable to the matter at hand.
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III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, TOURS F.C., is partially accepted.
2.
The Respondent, Southampton FC, has to pay to the Claimant EUR 29,365, as solidarity
contribution plus 5% interest p.a. until the date of effective payment, as follows:
- on the amount of EUR 12,585 as from 5 November 2020;
- on the amount of EUR 2,097.50 as from 20 May 2021;
- on the amount of EUR 12,585 as from 2 October 2021; and
- on the amount of EUR 2,097.50 as from 18 January 2022.
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 of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 3,000 are to be paid as follows:
a. The amount of USD 1,000 shall be paid by the Claimant;
b. The amount of USD 2,000 shall be paid by the Respondent;
c. The above costs shall be paid to FIFA with reference to case no. TMS 10264 (cf. note relating to
the payment of the procedural costs below).
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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 par. 2 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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