Solidarity Contribution
Texto da decisão
REF TMS 14090
Decision of the
Dispute Resolution Chamber
passed on 25 September 2024
regarding solidarity contribution in connection with the transfer of the
player ILIAS KOUTSOUPIAS
BY:
Mr. Clifford Hendel (USA), Single Judge of the subcommittee of the Dispute Resolution Chamber
CLAIMANT:
PLATANIAS AO, Greece
RESPONDENT:
BENEVENTO CALCIO S.R.L., Italy
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REF TMS 14090
I. FACTS OF THE CASE
Player:
ILIAS KOUTSOUPIAS
Date of birth:
10 May 2001
Player passport:
issued by the Hellenic Football Federation (HFF)
Season Birthday Club(s)
2015
2016
2017
th
th
th
14
15
16
Date of transfer:
Registration dates
Status
PLATANIAS AO
19/10/15
31/12/15
Amateur
PLATANIAS AO
01/01/16 - 31/12/16
Amateur
PLATANIAS AO
01/01/17
Amateur
12/07/17
5 July 2022, from Virtus Entella S.R.L (Italy) to the club Benevento Calcio
S.R.L. (Italy)
Conditions:
Fixed transfer fee of EUR 1,000,000 payable as follows:
a. EUR 500,000 due on 30 June 2024; and
b. EUR 500,000 due on 30 June 2025.
Contingent payment of EUR 250,000 if Benevento Calcio S.R.L. wins Serie
B with the player involved in at least 20 matches
25% sell-on
Claimant club:
PLATANIAS AO (Greece)
Respondent club: Benevento Calcio S.R.L. (Italy)
Claim and Response:
1.
On 4 March 2024, the HFF, on behalf of its disaffiliated club, the Claimant, requested the
payment by the Respondent of a sum corresponding to 0.58% of the total transfer fee
plus 5% interest as of the due date.
2.
It based its request on Article 21 and Annexe 5 of the FIFA Regulations on the Status and
Transfer of Players, which determines that 5% of any amount paid by the new club to
the former club should be distributed as solidarity contribution, and it multiplied it pro
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REF TMS 14090
rata by the registration period of the player with the Claimant between his 14th and 16th
birthdays.
3.
Following the financial disclosure provided by the FIFA general secretariat, the Claimant
did not comment on the potential activation of any of the contingent payments.
4.
On 24 June 2024, the Respondent contested the Claimant being entitled to receive
amounts, as it is disaffiliated, and alternatively requested that only 0.52% of the transfer
fee should be attributed to the Claimant as solidarity contribution.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
the Dispute Resolution Chamber (Procedural Rules): 2023 edition
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution on the
transfer fee of reference, which it considers to be equal to 0.58% of the transfer fee.
2.
The Respondent declared that the Claimant, being disaffiliated, could not receive
amounts. Moreover, it disputes the percentage the Claimant requests.
3.
A member association may receive training rewards that should have been distributed
to a training club if the said club has in the meantime ceased to participate in organised
football and/or no longer exists due to, in particular, bankruptcy, liquidation, dissolution
or loss of affiliation. This compensation shall be reserved for youth football development
programmes in the association(s) in question (cf. art. 3 par. 3 of Annexe 4 RSTP and art.
2 par. 3 of Annexe 5 RSTP).
4.
The present claim is filed by the HFF on behalf of its disaffiliated club.
5.
According to the player passport issued by the HFF, the player was registered with the
Claimant from 19 October 2015 until 12 July 2017, corresponding to:
a. 74 days of the
b. 365
c.
6.
14th birthday;
15th birthday; and
th
birthday.
It is uncontested that the Respondent did not pay to the Claimant its portion of the due
solidarity contribution generated by the fixed transfer fee.
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REF TMS 14090
7.
Respondent and former club agreed on a EUR 1,000,000 fixed fee divided in two equal
installments due on 30 June 2024 and 30 June 2025.
8.
According to art. 21 and art. 1 par. 1 of Annexe 5 RSTP, 5% of the above transfer fee
installment, i.e. EUR 500,000 due on 30 June 2024, shall be deducted as solidarity
contribution, i.e. EUR 25,000.
9.
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 year of the
14th, 15th, and 16th birthdays in accordance with the player passport of reference.
10.
Since the player was registered with the Claimant for 74 days of the year of his 14th
birthday, the full year on his 15th birthday and 193 days on his 16th birthday, the Claimant
is entitled to receive 11.30% of the due solidarity contribution, i.e. 0.565% of the transfer
fee as follows:
a. 1.01% of the due solidarity contribution, or 0.05068% of the transfer fee, for the
74 days of registration, between 19 October 2015 and 31 December 2015, on
the player s 14th birthday;
b. 5% of the due solidarity contribution, or 0.25% of the transfer fee, for the full
year of registration in 2016, on the player s 15th birthday; and
c. 5.29% of the due solidarity contribution, or 0.2643% of the transfer fee, for the
193 days of registration, between 1 January 2017 and 12 July 2017, on the
player s 15th birthday .
11.
According to transfer agreement, solidarity contribution has been overdue over the
following amount:
a. EUR 500,000 due on 30 June 2024.
12.
In view of the above, the Claimant is entitled to receive 11.30% of EUR 25,000, i.e. EUR
2,825.
13.
The Claimant requested for the receipt of 0.58% of the transfer fee, and, as shown above,
its actually entitled to receive 0.565% of the transfer fee.
14.
In addition, taking into account the specific request of the Claimant as well as the wellestablished 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 amounts as of the day after they became
overdue, i.e., 31 days after the date of payment of the transfer fee:
a. 5% interest per annum on the amount of EUR 2,825. as from 31 July 2024 until
the date of effective payment.
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15.
Consequently, the claim of the Claimant is partially accepted and any of its further claim
is rejected.
16.
Procedural costs in the maximum amount of USD 25,000 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution (cf.
art. 18 par. 1 of the Procedural Rules).
17.
The amount claimed by the Claimant corresponds to EUR 2,900, i.e. 11.6% of EUR 25,000
or 0.58% of EUR 500,000, a sum below USD 49,999.
18.
Therefore, procedural costs levied in this respect shall not exceed the sum of USD 5,000
(art. 1 of Annexe A of the Procedural Rules).
19.
In consideration of the amount claimed, the costs of the proceedings are set at USD 400.
20.
Said costs shall be divided as follows:
a. The amount of USD 150 shall be borne by the Claimant; and
b. The amount of USD 250 shall be borne by the Respondent.
21.
Art. 24bis RSTP applies.
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REF TMS 14090
III. DECISION
1.
The claim of the Claimant, PLATANIAS AO, is partially accepted.
2.
The Respondent, BENEVENTO CALCIO S.R.L., shall pay to the Claimant the amount
of EUR 2,825.00 as solidarity contribution plus 5% interest p.a. as from 31 July 2024
until the date of effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
4.
Pursuant to article 24 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.
5. The consequences shall only be enforced at the request of the Claimant in
accordance with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the
Status and Transfer of Players.
6. The final costs of the proceedings in the amount of USD 400 are to be paid to FIFA with
reference to case no. TMS 14090 (cf. note relating to the payment of the procedural
costs below) as follows:
a. The amount of USD 150 shall be paid by the Claimant; and
b. The amount of USD 250 shall be paid by the Respondent.
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
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 International de Football Association - Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
Fédération International de Football Association - Legal & Compliance Division
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