Dispute Resolution Chamber
Texto da decisão
REF TMS 6956
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 12 January 2021
regarding solidarity contribution for the transfer of the player Guido Gabriel
Herrera
BY:
Stefano La Porta (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
CA Belgrano, Argentina
RESPONDENT:
Yeni Malatyaspor, Turkey
Page 2 of 7
REF TMS 6956
I. FACTS OF THE CASE
Player:
Guido Gabriel Herrera
Date of birth:
29 February 1992
Player passport 1:
issued by the Asociación de Fútbol Argentino (“AFA”)
on 10 September 2020
Season
2004-2008
2009
2010
2011
2012
2013
2014
2014/2015
2015/2016
2016/2017
2017/2018
2018/2019
2019/2020
Club(s)
TBC
Belgrano (Cba.)
Belgrano (Cba.)
Belgrano (Cba.)
Belgrano (Cba.)
Belgrano (Cba.)
Belgrano (Cba.)
Def. de Belgrano (V.
Ramallo)
Def. de Belgrano (V.
Ramallo)
Talleres (Cba.)
Talleres (Cba.)
Talleres (Cba.)
Talleres (Cba.)
Status
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Amateur
Professional
Registration dates
Professional
Until 19.01.2016
Professional
Professional
Professional
Professional
From 20.01.2016
From 10.03.2009
Until 21.08.2014
From 22.08.2014
Until 09.09.2020
Sporting season:
1 January to 31 December (young players in Argentina)
1 July to 30 June (older amateurs and professional players in Argentina)
Date of transfer:
10 September 2020, from CA Talleres (Argentina) to Yeni Malatyaspor (Turkey)
Financial conditions: USD 530,000 payable as follows:
- USD 200,000 on 3 September 2020;
- USD 200,000 on 30 October 2020; and
- USD 130,000 on 20 December 2020
Claimant club:
CA Belgrano (Argentina)
Respondent club:
Yeni Malatyaspor (Turkey)
Page 3 of 7
REF TMS 6956
Claim and Response:
1.
On 13 October 2020, the Claimant lodged a claim against the Respondent requesting payment
of the solidarity contribution in connection with the temporary transfer of the player from CA
Talleres de Cordoba to the Respondent. The Claimant requested USD 5,480 (2.72% of the first
instalment due as loan fee, i.e. of the sum of USD 200,000) plus 5% interest per annum.
2.
On 28 October 2020, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of USD 5,956 (59.56% of the due
solidarity contribution), plus 5% interest p.a. as of 30 days of the due date of the first instalment.
3.
The Respondent rejected the proposal alleging that the solidarity contribution “should be
calculated over the payments that are due”.
II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: August 2020 edition.
Procedural Rules: 2020 edition.
Jurisdiction:
Yes, uncontested.
Admissible:
Yes, uncontested.
Decision:
4.
It is undisputed that the player was registered with the Claimant as from 10 March 2009 until
21 August 2014.
5.
It is also uncontested that the Respondent did not pay to the Claimant its proportion of the
solidarity contribution generated by the first instalment of the transfer fee.
6.
In this regard, the amount to be taken into consideration is USD 200,000.
7.
The Claimant is entitled to receive its proportion of the due solidarity contribution for the training
and education provided to the player during the course of the seasons of the player’s 17th, 18th,
19th, 20th, 21st, 22nd and 23rd birthday in accordance with the player passport of reference.
8.
The Claimant would be, in principle, entitled to receive 59.56% of the 5% solidarity contribution
due on the first instalment of the loan fee, i.e. 59.56% of 5% of USD 200,000. In particular,
the Claimant would be, in principle, entitled to receive USD 5,956 as solidarity contribution.
9.
However, and considering that the Claimant limited its claim to the sum of USD 5,480, in
accordance with the general legal principle of “non ultra petita”, the Claimant shall be awarded
the claimed amount of USD 5,480 as solidarity contribution.
Page 4 of 7
REF TMS 6956
10.
In accordance with the well-established jurisprudence of the DRC an interest rate of 5% p.a. is
to be applied as from the day after the relevant due date of each instalment.
11.
The first instalment was payable on 3 September 2020.
12.
As such, the Claimant is entitled to receive interest at the rate of 5% p.a. on the amount of USD
5,480 as from 4 October 2020.
13.
Consequently, the claim of the Claimant is accepted.
14.
No procedural costs shall be ordered as per the FIFA Circular Nr. 1720 and art. 18 of the
Procedural Rules.
15.
Art. 24 bis RSTP is applicable.
Page 5 of 7
REF TMS 6956
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, CA Belgrano, is accepted.
2.
The Respondent, Yeni Malatyaspor, shall pay to the Claimant USD 5,480 as solidarity contribution
plus 5% interest per annum on that amount as from 4 October 2020, until the date of effective
payment.
3.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount.
4.
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).
5.
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 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.
6.
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
Page 6 of 7
REF TMS 6956
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
Page 7 of 7