Solidarity Contribution
Texto da decisão
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TMS 8230
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 25 September 2021,
regarding solidarity contribution for the transfer of the player Joseph Alfred
Duncan
BY:
Roy Vermeer (The Netherlands),
Single Judge of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
Top Ten Academy FC, Ghana
RESPONDENT:
Cagliari Calcio SPA, Italy
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I. FACTS OF THE CASE
Player:
Joseph Alfred Duncan
Date of birth:
10 March 1993
Player passport:
issued by the Ghana Football Association (GFA) on 16 April 2021
Season
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
Registration dates
01.08.2005 - 31.07.2006
01.08.2006 - 31.07.2007
01.08.2007 - 31.07.2008
01.08.2008 - 31.07.2009
01.08.2009 - 31.07.2010
01.08.2010 - 31.07.2011
Age
12
13
14
15
16
17
Type of reg.
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Sporting season:
1 August to 31 July of the following year (Ghana)
Date of transfer:
16 January 2021 (temporary transfer)
From ACF Fiorentina (Italy) to Cagliari Calcio SPA (Italy)
Club
Topten Juvenile FC
Topten Juvenile FC
Topten Juvenile FC
Topten Juvenile FC
Topten Juvenile FC
Topten Juvenile FC
Financial conditions: Loan fee:
EUR 300,000 payable on the “1st Stagione Sportiva” (“1st Sporting Season”)
Claimant club:
Top Ten Academy FC (Ghana)
Respondent club:
Cagliari Calcio SPA (Italy)
Claim and response:
1.
On 20 April 2020, the Claimant lodged a claim for solidarity contribution against the Respondent
requesting payment of the solidarity contribution in connection with the temporary transfer of
the player from ACF Fiorentina to the Respondent. The Claimant requested 2.32% of any
compensation agreed upon and/or paid to the former club (46.25% of the total solidarity
contribution), plus 5% p.a. interest as of the due date, until the date of effective payment.
2.
According to the information contained in the player’s passport provided by the Claimant, the
player was registered with it from 1 August 2005 to 31 July 2011.
3.
On 3 May 2021, the FIFA administration submitted a proposal to the parties suggesting that the
Respondent should pay to the Claimant the sum of EUR 6,436.50 (42.91% of the due solidarity
contribution), plus 5% interest per annum as from 16 February 2021 until the date of effective
payment.
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TMS 8230
4.
The Respondent rejected the claim of the Claimant in its entirety alleging that the player “has
never been registered or played for [the Claimant]”. In support of its allegation, the Respondent
provided a document issued by the GFA on 8 April 2011, according to which it was stated the
following:
“RE: DUNCAN JOSEPH ALFRED
BORN ON 10.03.1993 […]
We acknowledge receipt of your letter dated […] on the above-mentioned
subject and wish to inform you that the above named player has never
featured in any of our affiliated clubs”.
5.
The Respondent deemed that the aforementioned statement of the GFA “is alone decisive and
sufficient to demonstrate the groundlessness of the Claimant’s requests”. As per the
Respondent, “the risk of incompleteness/incongruity of such information cannot be shifted to
the (or borne by) Respondent”.
6.
In addition, the Respondent provided the copy of a document entitled “Subject: request of
payment (solidarity contribution) by Top Juvenile Academy FC to Cagliari Calcio S.p.A.”
(hereinafter: “the player’s statement”), dated 28 May 2021 and allegedly signed by the player.
By means of the signature of the statement, the player confirmed that he had “never been
registered or played for Top Ten Juvenile Academy FC” and that he “acknowledge[d] as false
the statement of the [Claimant] regarding [his] registration with them during the period between
April 17, 2005 and October 8, 2011”.
7.
In this context, the Respondent requested the Dispute Resolution Chamber (DRC) to “order the
[GFA] itself to directly pay any amount allegedly due to the Claimant […] or order the [GFA] to
reimburse [the Respondent] any amount that [its club] is ordered to pay to the Claimant”.
8.
Lastly, the Respondent requested to be exempted from paying “possible costs and expenses”
related to the proceedings.
Replica:
9.
The Claimant firstly insisted on the authenticity and veracity of the player passport issued by the
GFA “in November 2013”.
10.
In addition, in order to demonstrate that the player had been registered with the Claimant, the
latter provided the copy of five (5) handwritten match reports, according to which the player
had participated in the following matches:
-
Top Ten Academy v. Kalisto, played in Madina on 25.09.2004 (the player was allegedly
fielded with number 5 and as the captain of the team);
Lions FC v. Top Ten Academy FC, played in Shiashie on 03.10.2004 (the player was allegedly
fielded with number 5 and as the captain of the team);
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-
Dortmund FC v. Top Ten Academy FC, played in Accra on 20.10.2007 (the player was
allegedly fielded with number 10 and as the captain of the team);
Top Ten Academy FC v. Madina Zongo Park, played in Madina (Zongo Park) on 20.09.2008
(the player was allegedly fielded with number 9 and as the captain of the team); and
Kingdoko Babies v. Top Ten Academy FC, played in Legon on 18.08.2009 (the player was
allegedly fielded with number 5).
11.
In light of the information contained in those match reports, the Claimant sustained that it
“remains beyond doubt” that the player was registered with its club “from the season
2004/2005 until the season 2009/2010”.
12.
In support of its arguments, the Claimant further submitted a link to an interview publicly
available online, in which the player inter alia stated the following: “I never played in any Premier
League team or in any important league, but I played in a Colts team with Top Ten Academy in
the Under 12 level, in the Under 14 […]” (minute 01:55 onwards).
13.
In continuation, the Claimant also held that the player’s passport under consideration had been
issued “in November 2013 and not on 16 April 2021, as the Player stated in the abovementioned
declaration”.
14.
In view of the above, the Claimant insisted on “the falsity of the content of the declaration
prepared by Respondent and signed by the Player only on 28 May 2021” (cf. point I.6. above).
15.
Furthermore, the Claimant wished to emphasize how “improbable – even impossible – [is] that
a Serie A club, i.e. FC Internazionale in the present case, offers a contract to a non-EU player
who, at the age of 18 years old, has never been registered before as a footballer anywhere in
his home country, i.e. a football player without any football experience”. In this sense, the
Claimant held that “[a]ny Serie A club with a top-level of expertise in the field of international
scouting, the international transfer market and immigration (professional standard of
knowledge), would conclude that such a constellation is highly improbable to happen”.
16.
With the above in mind, the Claimant maintained being entitled to receive the amount of
solidarity contribution suggested in the proposal of the FIFA administration of 3 May 2021, i.e.
EUR 6,436.50 plus 5% p.a. interest.
Duplica:
17.
The Respondent reiterated its initial comments.
18.
As per the Respondent, by means of the statement of the GFA (cf. point I.4. above), “the FIGC
was able to specify […] that the Player was a young non-EU player never registered abroad”.
19.
In addition, referring to the player’s statement, the Respondent held that those “formal and
official” declarations of the player “can in no way be superseded by unofficial statements made
to anyone in the past”.
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20.
The Respondent contested the reliability of the match reports provided by the Claimant.
Information provided by the GFA:
21.
After having been requested to confirm the player’s football career, the GFA provided FIFA with
a copy of the player’s passport. In particular, the GFA provided the player’s passport submitted
by the Claimant, i.e. the one issued on 16 April 2021.
22.
In view of the contradictory information contained in the player’s passport and the statement of
the GFA (cf. point I.4. above), FIFA requested the GFA to provide a clarification in connection
with the player’s football career.
23.
On 20 September 2021, the GFA stated the following:
“Please this is to inform you that as at the time the GFA issued that letter, we did
not have a centralized database for our registration and was difficult getting
information of players.
Our club Top Ten Juvenile FC drew out attention and produced document
indicating they registered the player from 2005 to 2011”.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): January 2021 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 temporary transfer of
the player to the Respondent.
2.
According to the player’s passport provided by the Claimant, the player was registered with its
club as from 1 August 2005 until 31 July 2011.
3.
The Respondent rejected the claim of the Claimant in its entirety alleging that the player “has
never been registered or played for [the Claimant]”. In support of its allegation, the Respondent
provided a document issued by the GFA on 8 April 2011, according to which the player “has
never featured in any of [its] affiliated clubs”.
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4.
After having been requested to provide a clarification on the aforementioned discrepancy, the
GFA stated that “at the time the GFA issued that letter”, i.e. the statement of 8 April 2011, it
“did not have a centralized database for our registration and was difficult getting information of
players”.
5.
In addition, the GFA confirmed the information contained in the player’s passport of 16 April
2021.
6.
Keeping in mind the GFA’s clarification, as well as the player’s public declarations that he “played
in a Colts team with Top Ten Academy in the Under 12 level, in the Under 14 […]” (cf. point
I.12. above), it ca be concluded that the player was indeed registered with the Claimant in
accordance with the player’s passport provided by the latter, i.e. from 1 August 2005 until 31
July 2011.
7.
As such, the Claimant is entitled to receive its proportion of the solidarity contribution generated
by the temporary transfer of the player.
8.
In accordance with art. 2 par. 1 of Annexe 5 of the RSTP, “[t]he 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
payment”.
9.
In casu, the loan fee agreed between the involved clubs was payable at once. Therefore, the
solidarity contribution became due 30 days after the player’s registration.
10.
The amount to be considered to calculate the solidarity contribution due to the Claimant is EUR
300,000.
11.
The Claimant is entitled to receive its proportion of the due solidarity contribution for the training
and education provided to the player between the calendar years of his 12th and 18th birthdays.
12.
As per art. 1 par. 1 of Annexe 5 of the RSTP, the solidarity contribution for the seasons of a
player’s 12th-15th birthday amounts to 5% of the total solidarity contribution.
13.
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.
14.
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).
15.
Taking into account the time that the player was registered with the Claimant as established in
point II.6. above, the Claimant is entitled to receive 42.91% of the solidarity contribution due,
as follows:
-
2.10% for the calendar year of his 12th birthday (2005);
Page 7 of 10
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-
5% for the calendar year of his 13th birthday (2006);
5% for the calendar year of his 14th birthday (2007);
5% for the calendar year of his 15th birthday (2008);
10% for the calendar year of his 16th birthday (2009);
10% for the calendar year of his 17th birthday (2010); and
5.81% for the calendar year of his 18th birthday (2011).
16.
In view of the above, the Respondent has to pay to the Claimant 42.91% of the solidarity
contribution due, i.e. 42.91% of 5% of EUR 300,000, which amounts to EUR 6,436.50.
17.
In addition, taking into account the 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 amount of EUR 6,436.50 as from 16 February 2021 until the date of effective payment.
18.
Consequently, the claim of the Claimant is partially accepted.
19.
Considering the very peculiar circumstances of the matter at hand, the single judge deemed that
no procedural costs should be 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).
20.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter.
Page 8 of 10
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III. DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Top Ten Academy FC, is partially accepted.
2.
The Respondent, Cagliari Calcio SPA, shall pay to the Claimant EUR 6,436.50 as solidarity
contribution, plus 5% interest per annum on that amount as from 16 February 2021, 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.
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.
Pursuant to article 24bis of the Regulations on the Status and Transfer of Players (RSTP), if full
payment (including all applicable interest) is not paid within 45 days as of the 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 and for the maximum duration 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 three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant in accordance with
article 24bis paragraphs 7 and 8 of the RSTP.
8.
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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{$M4L5FaFuiIQuEoKBPDBkhWeNCxQ9w6e1I7R7FOcFvBLFeptBPSMX8viLHCnQewY7Tymt4vbLDYzojA0GwrPVXrtWMbruD5Y/RBIRoYGB80/LTuY54oHF+2a912JClNb3NYVzQqm32SvYXEilPhi5kfbzIevpgv3iQ+hvlBC+b8Iy8hEWudSYGDnyHMVtMoolYOg4/C3w9SLy2uB+ImhaVVwHby55eajDomTPbH/A8zHSx9qjoSDskw4ZDyTD0Ujub+xwk4xB9Tx9l3i0JbVmPp+GKTUlOdwlKjjA7Km8m/8=$}
TMS 8230
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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