Dispute Resolution Chamber
Texto da decisão
REF TMS 7154
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 2 February 2021
regarding solidarity contribution in connection with the transfer of the player Jinsu KIM
from Jeonbuk Hyundai Motors FC (Korea Republic) to Al Nassr (Saudi Arabia)
BY:
Geoff Thom ps on (England), Single Judge of the sub-committee of
the Dispute Resolution Chamber
CLAIMANT:
ALBIREX NIIGATA, Japan
RESPONDENT:
AL NASSR, Saudi Arabia
Page 2 of 7
REF TMS 7154
I. FACTS OF THE CASE
Player:
Jinsu KIM
Date of birth:
13 June 1992
Player passport:
issued by the Japanese Football Association (JFA) on 23 July 2014
Season
12/13
13/14
14/15
Club(s)
Albirex Niigata
Albirex Niigata
Albirex Niigata
Birthday
20th
21st
22nd
Registration dates
14/02/12 – 31/01/13
01/02/13 – 31/01/14
01/02/14 – 23/07/14
Status
Professional (permanent)
Professional (permanent)
Professional (permanent)
Sporting season:
1 February to 31 January (Japan)
Date of transfer:
8 September 2020, from Jeonbuk Hyundai Motors FC (Korea Republic) to Al
Nassr (Saudi Arabia)
Conditions:
Fixed transfer fee of USD 1,000,000, net and exclusive of solidarity
contribution, payable as follows:
a. USD 350,000 by 14 September 2020;
b. USD 350,000 by 14 December 2020; and
c. USD 300,000 by 14 March 2021.
Claimant club:
Albirex Niigata (Japan)
Respondent club:
Al Nassr (Saudi Arabia)
Claim and Response:
1.
On 24 November 2020, the Claimant requested the payment by the Respondent of a sum
corresponding to 1.2192% of the total transfer fee, that is to say 24.44% of the solidarity
contribution generated by the transfer fee. The Claimant did not request the payment of interest.
2.
On 8 December 2020, 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 4,271.75
to the Claimant.
3.
On 18 December 2012, the Claimant accepted the proposal.
4.
On 26 January 2021, the Respondent rejected the proposal of the FIFA administration.
Page 3 of 7
REF TMS 7154
5.
According to the Respondent amount due to the Respondent was to be paid in USD and not in
EUR and the relevant amount corresponded to USD 4,156.85.
6.
The Respondent considered in its calculation that the player’s registration with the Claimant
were a few days shorter for season 2012/2013 and 2014/2015.
7.
The Respondent further rejected the interest proposed by the FIFA administration.
8.
Alternatively, the Respondent requested that 5% interest p.a. shall be applied as from 8
November 2020 (i.e. as of the date of claim).
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 first
instalment due for the transfer of the player to the Respondent.
2.
The Respondent did not contest the entitlement of the Claimant to receive solidarity contribution
for the training and education provided to the player.
3.
It remained uncontested that the player was registered with the Claimant as from 14 February
2012 until 23 July 2014, i.e. during:
a. 353 days of the season of the player’s 20th birthday;
b. The entire season of the player’s 21st birthday; and
c. 172 days of the season of the player’s 22nd birthday.
4.
It also remained uncontested that the Respondent did not pay to the Claimant its portion of the
solidarity contribution generated by the first instalment of the transfer fee.
5.
The transfer fee that was to be by the Respondent did not include solidarity contribution.
Therefore, solidarity contribution shall be calculated in addition to the relevant transfer
compensation.
Page 4 of 7
REF TMS 7154
6.
Hence, 5% shall be added over the net amount of the first instalment of the transfer fee, i.e.
USD 350,000, to obtain said instalment inclusive of solidarity. Consequently, the amount to be
taken into account is USD 368,421, i.e. USD 350,000 plus 5%.
7.
5% of USD 368,421 shall be deducted as solidarity contribution as per art. 21 and Annexe 5
RSTP, that is to say USD 18,421.
8.
The Claimant is entitled to receive its portion of the due solidarity contribution for the training
and education provided to the player during the course of the seasons of the player’s 20th, 21st
and 22nd birthdays in accordance with the player passport of reference.
9.
As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the season of a player’s 20th,
21st and 22nd birthdays shall amount to 10% of the total solidarity contribution for each season.
10.
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 RSTP).
11.
Taking into account the time that the player was registered with the Claimant as established in
point 3 above, the Claimant is entitled to receive solidarity contribution as follows:
a. 9.67% of the total solidarity contribution for the season of the player’s 20th birthday;
b. 10% of the total solidarity contribution for the season of the player’s 21st birthday; and
c. 4.77% of the total solidarity contribution for the season of the player’s 22nd birthday.
12.
In view of the above, the Claimant is entitled to receive 24.41% of the due solidarity
contribution, i.e. 24.41% of USD 18,421, which amounts to USD 4,496.58.
13.
Consequently, the claim of the Claimant is partially accepted.
14.
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).
15.
The relevant provisions of art. 24bis RSTP are applicable in the present matter.
Page 5 of 7
REF TMS 7154
III. DECISION
1.
The claim of the Claimant, Albirex Niigata, is partially accepted.
2.
The Respondent, Al Nassr, shall pay to the Claimant USD 4,496.58 as solidarity contribution.
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 Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 6 of 7
REF TMS 7154
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