Solidarity Contribution
Texto da decisão
TMS 7470
Decision of the Single Judge of the
sub-committee of the
Dispute Resolution Chamber
passed on 23 February 2021
regarding solidarity contribution for the transfer of the player Yann KARAMOH
from FC Inter Milan (Italy) to Parma Calcio 1913 S.R.L. (Italy)
BY:
Jon New m an (USA), Single Judge of the sub-committee of the DRC
CLAIMANT:
SM Caen, France
RESPONDENT:
Parma Calcio 1913 S.R.L., Italy
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I. FACTS OF THE CASE
Player:
Yann KARAMOH
Date of birth:
8 July 1998
Career history
of the player:
based on the player passports issued by the Fédération Française de Football
(FFF) on 1 July 2019 and by the Federazione Italiana Giuoco Calcio (FIGC) on
16 December 2020
Season
Birthday
Club(s)
Registration dates
Status
10/11
12th
RC Colombes 92 (FFF)
15/11/10 – 30/06/11
Amateur (permanent)
11/12
12/13
13/14
th
13
14th
15th
SM Caen (FFF)
SM Caen (FFF)
SM Caen (FFF)
07/11/11 – 30/06/12
01/07/12 – 30/06/13
01/07/13 – 30/06/14
14/15
16th
SM Caen (FFF)
01/07/14 – 30/06/15
15/16
17th
SM Caen (FFF)
01/07/15 – 30/06/16
16/17
18th
SM Caen (FFF)
01/07/16 – 30/06/17
17/18
19th
SM Caen (FFF)
01/07/17 – 31/08/17
FC Inter Milan (FIGC)
01/09/17 – 30/06/18
20th
FC Inter Milan (FIGC)
01/07/18 – 30/08/18
31/08/18 - 30/06/19
19/20
21st
FC Girondins de Bordeaux
(FFF)
FC Inter Milan (FIGC)
19/20
22nd
20/21
23rd
Amateur (permanent)
Amateur (permanent)
Professional
(permanent)
Professional
(permanent)
Professional
(permanent)
Professional
(permanent)
Professional
(permanent)
Professional (loan from
SM Caen)
Professional (loan from
SM Caen)
Professional (loan from
FC Inter Milan)
Professional
(permanent from SM
Caen since 06/07/19)
Professional (loan from
FC Inter Milan)
Professional
(permanent)
18/19
Sporting season
of FFF and FIGC:
Parma Calcio 1913 S.R.L.
(FIGC)
Parma Calcio 1913 S.R.L.
(FIGC)
03/07/19 – 16/07/19
17/07/19 – 31/08/20
01/09/20 onwards
1 July to 30 June
Transfer:
On 17 July 2019, from FC Inter Milan (Italy) to Parma Calcio 1923 S.R.L. (Italy)
on loan
Conditions:
According to the information provided by the FIGC, on 1 August 2019, the
Italian clubs FC Inter Milan and Parma Calcio 1923 S.R.L. agreed to loan of the
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player by way of a transfer agreement dated 16 July 2019 and executed on 17
July 2019.
The loan fee amounted to EUR 900,000 payable in two equal instalments.
In accordance with the loan agreement, Parma Calcio 1913 S.R.L. had the
obligation to convert the loan of the player into a permanent transfer at the
first Serie A point scored during season 19/20 as from 01/02/20 onwards and/or
at the first appearance of the player in Serie A as from 01/02/20 onwards (“al
primo punto in classifica conquistato nel campionato di Serie A 2019/2020,
successivamente alla data del 01/02/2020 o, in alternative, ala prima presenza
del calciatore nel campionato di Serie A successivamente alla data del
01/02/2020”), against the payment of EUR 6,500,000 payable as follows:
-
EUR 1,625,000 at the start of season 20/21;
EUR 2,200,000 at the start of season 21/22; and
EUR 2,675,000 at the start of season 22/23.
The FIGC indicated in the player passport issued on 16 December 2020 that the
player became permanently registered with Parma Calcio 1913 S.R.L. on 1
September 2020.
Claimant club:
SM Caen (France)
Respondent club:
Parma Calcio 1913 S.R.L. (Italy)
Claim and Response:
1.
On 22 December 2020, the Claimant requested the payment of a sum corresponding to 44.90%
of the solidarity contribution generated by the permanent transfer of the player from FC Inter
Milan to the Respondent.
2.
The Claimant referred to the October 2020 edition of the Regulations on the Status and Transfer
of Players (RSTP), according to which a training club is entitled to receive (a proportion of) the
5% solidarity contribution when a professional player is transferred, either on a definitive or loan
basis, between clubs affiliated to the same association, provided that the training club is affiliated
to a different association.
3.
On 13 January 2021, the FIFA administration submitted a proposal to the parties, informing
them that it was of the opinion that the Respondent should pay the amount of EUR 43,265.63
to the Claimant as solidarity contribution, corresponding to 53.25% of the solidarity contribution
generated by the permanent transfer of the player from FC Inter Milan to the Respondent.
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4.
The FIFA administration took into consideration that based on the information submitted by the
Respondent’s member association, the player became permanently registered with the
Respondent on 1 September 2020, thus this registration was considered to be a national transfer
with an international dimension having occurred as from 1 July 2020.
5.
On 5 February 2021, the Respondent rejected the claim of the Claimant.
6.
Making reference to art. 26 par. 2 RSTP, the Respondent stated that in disputes concerning
solidarity contribution, the date of signature of the agreement should be the one taken into
consideration when assessing the applicable version of the RSTP.
7.
The Respondent indicated that the loan with obligation to buy had been signed on 16 July 2019,
and therefore the June 2019 edition of the RSTP was applicable to the matter at hand.
8.
The Respondent explained that according to the loan agreement, the option to buy was to be
automatically triggered at the first point it would score during in Serie A during season 19/20
after 1 February 2020 and/or at the first appearance of the player in Serie A during season 19/20
as from 1 February 2020.
9.
In this respect, the Respondent underlined that, because it scored three points in Serie A on 16
February 2020 (its firsts since 1 February 2020) the Respondent was obliged to transform the
temporary transfer of the player into a permanent one on 16 February 2020.
10.
Since the solidarity mechanism had been extended to national transfers with an international
dimension that occurred as from 1 July 2020 only, the Respondent considered that the transfer
did not fall under said rule.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): to be determined
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 national transfer of
the player to the Respondent on a permanent basis.
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2.
The Respondent contested the entitlement of the Claimant to receive its proportion of the
solidarity contribution arguing the inapplicability of the provisions related to the payment of
solidarity contribution to national transfers in the matter at hand.
3.
The obligation to pay solidarity contribution on national transfers with an international
dimension was introduced with the June 2020 edition of the RSTP, which came into force on 1
July 2020.
4.
According to art. 26 par. 2 of the RSTP, solidarity contribution disputes “shall be assessed
according to the regulations that were in force when the contract at the centre of the dispute
was signed, or when the disputed facts arose”.
5.
The loan agreement was concluded on 16 July 2019 and executed on 17 July 2019, and
indicated that the loan would become permanent if the Respondent earned one point in Serie
A during season 19/20 after 1 February 2020 and/or after the player made his first appearance
in Serie A during season 19/20 after 1 February 2020.
6.
The aforementioned condition was met on 16 February 2020 after the Respondent won its first
Serie A fixture since 1 February 2020, and the option to permanently register the player with the
Respondent was triggered. It also remained uncontested that this occurred without further
intervention of the parties to the agreement.
7.
In accordance with the player passport provided by the FIGC the player was registered with the
Respondent on a permanent basis on 1 September 2020 i.e. at the start of the 2020/2021
season. It is undisputed that such registration occurred as a consequence of the loan of the
player having become permanent before 1 July 2020 and without the further intervention of the
parties to the agreement.
8.
When the loan agreement was concluded, the June 2019 edition of the RSTP was applicable. At
that time no solidarity contribution was payable in the context of national transfers.
9.
When the option to permanently transfer the player to the Respondent was triggered, the June
2020 edition of the RSTP was not yet into force and no solidarity contribution was due in case
of a national transfer of a player.
10.
Only the formal registration of the player on a permanent basis with FIGC occurred after the
June 2020 edition of the RSTP had entered into force.
11.
Applying the June 2020 edition to a transaction that was agreed between the parties one year
before and was triggered before its entering into force, when solidarity contribution was not yet
payable in the context of a national transfer, would go against the principle of legal certainty. It
would not be fair for the parties to be subjected to a provision that was not applicable at the
moment they discussed the possibility of the player’s loan to become permanent nor when the
loan became de facto permanent with the option having been activated.
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12.
In addition, it has to be mentioned that the contract did not foresee for the parties to undertake
further discussions as to the permanent transfer of the player past the Respondent having
obtained one point in the 2019/2020 Serie A Championship after 1 February 2020.
13.
As a result of all of the aforementioned, the applicability of the provisions related to the payment
of solidarity contribution on national transfers that are included in the RSTP as of the entering
into force of the June 2020 edition has in casu to be rejected.
14.
The above reasoning remains in line with the wording of art. 26 par. 2 of the RSTP in accordance
with which the applicable edition of the RSTP to solidarity contribution disputes relies on when
the disputed fact arose or when the contract at the centre or the dispute was signed.
15.
Considering the inapplicability of the provision related to the payment of the solidarity
contribution on national transfers to the matter at stake, the claim of the Claimant is rejected.
16.
No procedural costs are levied as per art. 18 of the Procedural Rules.
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III. DECISION
1.
The claim of the Claimant, SM Caen, is rejected.
2.
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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