Acórdão do FIFA, processo Luyindama_2021-09-01

Data

01/09/2021

Fonte

inside.fifa.com

Solidarity Contribution

Texto da decisão

REF TMS 7531

Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 22 July 2021
regarding solidarity contribution for the transfer of the player Christian Luyindama
Nekadio from Standard Liège (Belgium) to Galatasaray AS (Turkey)

BY:

S tefano S artori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber

CLAIMANT:

FC Villa Aguila, Congo DR
RESPONDENT:

Galatasaray AS, Turkey

Page 2 of 12

REF TMS 7531

I. FACTS OF THE CASE
Player:

Christian LUYINDAMA NEKADIO

Date of birth:

8 January 1994

Player passport (‘Second Player Passport’):
issued by the Fédération Congolaise de FootballAssociation (FECOFA) on 23 February 2021
Season
07/08
08/09
09/10
10/11
11/12
12/13
13/14
14/15
15/16
16/17

Club(s)
FC Aguila Villa
FC Aguila Villa
FC Aguila Villa
Cotracom/FC Lukunga
Cotracom/FC Lukunga
Cotracom/FC Lukunga
DC Motema Pembe
FC Sanga Balende
TP Mazembe
TP Mazembe
RS de Liège
RS de Liège

Sporting season:

Registration dates
15.09.2007 – 31.05.2008
13.09.2008 – 31.05.2009
05.09.2009 – 31.05.2010
11.09.2010 – 31.05.2011
08.09.2011 – 31.05.2012
09.10.2012 – 31.05.2013
11.09.2013 – 31.05.2014
08.10.2014 – 31.05.2015
22.09.2015 – 31.05.2016
17.09.2016 – 31.05.2017
-

1 November to 31 August (Congo DR) from 2006/07 until 2011/12
1 August to 31 May (Congo DR) from 2012/13

Additional Player passport (‘First Player Passport’):
Season
07/08
08/09
09/10
10/11
11/12
12/13
13/14
14/15
15/16
16/17

Status
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Amateur (Permanent)
Professional (Permanent)
Professional (Temporary)
Professional (Permanent)

Club(s)
FC Aguila Villa
FC Aguila Villa
FC Aguila Villa
Cotracom/FC Lukunga
Cotracom/FC Lukunga
Cotracom/FC Lukunga
DC Motema Pembe
FC Sanga Balende
TP Mazembe
TP Mazembe
RS de Liège
RS de Liège

issued by FECOFA on 5 February 2019

Registration dates
2007 – 2008
2008 – 2009
2009 – 2010
2010 – 2011
2011 – 2012
2012 - 2013
2013 – 2014
2014 – 2015
2015 – 2016
2016 – 03.04.2017
from 03.04.2017
from 26.05.2017

Page 3 of 12

REF TMS 7531

Date of transfer:

Temporary: 1 February 2019, from Standard Liège (Belgium) to Galatasaray AS
(Turkey)
Permanent: 1 August 2019, from Standard Liège (Belgium) to Galatasaray AS
(Turkey)

Conditions:

Temporary transfer fixed transfer fee of EUR 3,000,000 payable on 1 February
2019.
Permanent fixed transfer fee of EUR 5,000,000 payable as follows:
a. EUR 600,000 deducted on the date of the permanent transfer from
Standard Liège’s payables to Galatasaray AS originally due on 31
January 2019;
b. EUR 600,000 deducted on the date of the permanent transfer from
Standard Liège’s payables to Galatasaray AS originally due on 31 July
2019;
c. EUR 1,900,000 by 1 July 2019; and
d. EUR 1,900,000 by 2 December 2019.
In accordance with the transfer agreement, the amounts due as transfer fee
were “exclusive of the Solidarity Contribution as mentioned in mentioned in
Article 21 and Annex 5 of the FIFA Regulations for the Status and Transfer of
Players (…) Parties agree that GALATASARAY shall not deduct any amount in
respect of solidarity contribution from the amounts (…) GALATASARAY shall
be solely and exclusively responsible for the payment of any solidarity
contribution which may be payable in respect of the FIFA RSTP.”

Claimant club:

FC Villa Aguila (Congo DR)

Respondent club:

Galatasaray AS (Turkey)

Former club:

Standard Liège (Belgium)

Claim and Response:
1.

On 31 December 2020, the Claimant requested from the Respondent the payment of EUR
80,000 corresponding to 20% of the solidarity contribution generated by the temporary and
permanent transfers of the Player, plus 5% interest from the due dates.

Page 4 of 12

REF TMS 7531

The claim of the Claimant is based on the First Player Passport on the basis of which the Claimant
claimed that it had trained the Player for 3 full seasons in the period corresponding to the seasons
between the Player’s 14th and 16th birthdays.

On 10 February 2021, the relevant financial details of the temporary and permanent transfers
were disclosed to the Claimant by the FIFA administration.

On 16 February 2021, the Claimant amended its claim and requested EUR 84,210.52 as solidarity
contribution and requested for it to be calculated as provided for in the transfer agreement, i.e.
in addition to the transfer compensation. Furthermore, the Claimant requested the relevant
interests of 5% p.a. as follows:
a. as from 3 March 2019 on EUR 31,578.94 based on the temporary transfer fee of EUR
3,157,894.50;
b. as from 2 August 2019 on EUR 26,315.79 based on the permanent transfer fee
instalment of EUR 2,631,578.75; and
c. as from 3 January 2020 on EUR 26,315.79 79 based on the permanent transfer fee
instalment of EUR 2,631,578.75.

On 23 February 2021, FECOFA provided clarifications to the FIFA administration concerning the
First Player Passport and provided it with the Second Player Passport.

On 24 March 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay the amount of EUR 57,221.05 to the Claimant as solidarity
contribution on the temporary and permanent transfer fees, plus 5% interest p.a.

On 8 April 2021 the Respondent rejected the Proposal contesting the Claimant’s Claim to receive
solidarity contribution. The Respondent argued that it had already paid the due solidarity
contribution to the Claimant on 25 March 2021 in the amount of EUR 84,210.25. In support of
its argument, the Respondent submitted a bank transaction receipt as evidence showing that it
had paid EUR 84,210.25 to the Claimant for the solidarity contribution for the Player’s transfers.

On 8 April 2021 the Claimant rejected the Proposal contesting the calculation made by the FIFA
administration. The Claimant informed the FIFA administration that it had received only EUR
80,872.00 from the Respondent and upheld its request to receive EUR 84,210.52 arguing that:
a. the format of the sporting season in Congo DR used by the FIFA administration is
incorrect and that the format from 1 November until 31 August should be applied for
the Player’s registration period with the Claimant;
b. the Player’s registration with the Claimant established by the FIFA administration is
incorrect as he had been continuously registered in seasons 2007/08, 2008/09 and

Page 5 of 12

REF TMS 7531

2009/10 so the Claimant should receive the full amounts of solidarity contribution for
those seasons in accordance with the First Player Passport; and
c. the FIFA DRC decisions from 15 February 2008 (decision passed by the panel of judges:
Slim Aloulou, Philippe Diallo, Mohamed Mecherara, Carlos Soto and Philippe Piat) and
25 September 2015 (decision passed by the single judge Theo Van Seggelen)
established that training clubs should be rewarded with the full due amounts of
training rewards even if the relevant seasons in such associations are shorter than 12
months.

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): 2021 edition.

Jurisdiction:

Yes, uncontested

Admissible:

Yes, uncontested

Decision:
1.

The Claimant is requesting the payment of 20% of the solidarity contribution from the
temporary transfer fee and the instalments from the permanent transfer fee generated by the
temporary and permanent transfers of the Player in February and August 2019.

The Claimant based its claim on the First Player Passport showing that the Player was registered
with it between 2007 and 2010, i.e. for 3 full seasons, and claimed that the Player was registered
with it as follows:
a. season of 14th birthday: from 1 July 2007 until 30 June 2008;
b. season of 15th birthday: from 1 July 2008 until 30 June 2009; and
c. season of 16th birthday: from 1 July 2009 until 30 June 2010.

FECOFA confirmed on 23 February 2021 by delivering the Second Player Passport that the Player
was registered with the Claimant for 787 days as follows:
a. season of 14th birthday: from 15 September 2007 until 31 May 2008;
b. season of 15th birthday: from 13 September 2008 until 31 May 2009; and
c. season of 16th birthday: from 5 September 2009 until 31 May 2010.

Page 6 of 12

REF TMS 7531

In their consideration of the matter, the FIFA administration and the Single Judge of the subcommittee of the DRC based their calculations on the Second Player Passport since the First
Player Passport does not have any dates of the Player’s registration with the Claimant.

The Single Judge of the sub-committee of the DRC noted that no evidence was provided by the
Claimant in support of its allegation that the Player had been registered with it between 1 July
2007 and 30 June 2010.

Further, the Single Judge of the sub-committee of the DRC considered the Claimant’s argument
concerning the sporting season dates in Congo DR and noted that the FIFA administration had
correctly used the sporting season dates between 2007 and 2010, i.e. from 1 November until
31 August.

In that sense, the Single Judge of the sub-committee of the DRC noted that, according to the
Second Player Passport, the Player was registered with the Claimant for shorter periods than a
full calendar year where those registration dates are not aligned with the season dates in Congo
DR, i.e. for 10 months from 1 November until 31 August for the seasons of the Player’s 14th,
15th and 16th birthdays.

In addition, the Single Judge of the sub-committee of the DRC considered the Claimant’s
arguments in relation to its entitlement to full 12-month amounts of solidarity contribution and
the relevant DRC jurisprudence and confirmed that training clubs should be, in principle,
rewarded with the full due amounts even if the relevant seasons in such associations are shorter
than 12 months.

Therefore, taking into account the Second Player Passport and the relevant sporting season
format in Congo DR, the Single Judge of the sub-committee of the DRC established that the
following dates of the Player’s registration with the Claimant should be used for the calculation
of the solidarity contribution as if a 12-month season was applicable to Congo DR, i.e. from 1
November until 30 October, instead of a 10-month season, i.e. from 1 November until 31
August:
a. season of 13th birthday: from 15 September 2007 until 30 October 2007;
b. season of 14th birthday: from 1 November 2007 until 31 May 2008 and from 13
September 2008 until 30 October 2008;
c. season of 15th birthday: from 1 November 2008 until 31 May 2009 and from 5
September 2009 until 30 October 2009; and
d. season of 16th birthday: from 1 November 2009 until 31 May 2010.

10.

The Respondent does not contest the entitlement of the Claimant to receive solidarity
contribution for the training and education provided to the Player.

Page 7 of 12

REF TMS 7531

11.

It is contested that the Respondent has paid to the Claimant its portion of the due solidarity
contribution generated by the temporary and permanent transfer fees.

12.

The Single Judge of the sub-committee of the DRC established that the temporary transfer fee
of EUR 3,000,000 was due on 1 February 2019.

13.

Further, the Single Judge of the sub-committee of the DRC examined the temporary transfer
agreement between the parties and established that the permanent fixed transfer fees in the
amount of EUR 5,000,000 are due as follows:
a. first instalment (originally due on 31 January 2019): EUR 1,200,000 due on 1 August
2019;
b. second instalment (originally due on 31 July 2019): EUR 1,900,000 due on 1 August
2019; and
c. EUR 1,900,000 due on 2 December 2019.

14.

In this regard, the amount to be taken into consideration for the calculation of the solidarity
contribution is EUR 8,000,000.

15.

The transfer fee that was to be paid by the Respondent did not include solidarity contribution.
Therefore, solidarity contribution is to be calculated in addition to the relevant transfer
compensation.

16.

As a result, 5% is to be added to the total transfer fee amount of EUR 8,000,000. Consequently,
the amount to be taken into account to calculate the solidarity contribution due to the Claimant
is EUR 8,400,000, i.e. EUR 8,000,000 plus 5%.

17.

According to art. 21 and art. 1 par. 1 of Annexe 5 RSTP, 5% of the above due transfer fee shall
be deducted as solidarity contribution, that is to say EUR 421,053.

18.

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 13th, 14th,
15th and 16th birthdays in accordance with the Second Player Passport.

19.

As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the season of a player’s 13th,
14th, and 15th birthday shall amount to 5% of the total solidarity contribution each and for the
season of a player’s 16th birthday 10% of the total solidarity contribution.

20.

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).

Page 8 of 12

REF TMS 7531

21.

Since the Player was registered with the Claimant during the seasons of the Player’s 13th, 14th,
15th and 16th birthdays, the Claimant is entitled to receive 13.59% of the due solidarity
contribution, i.e. 13.59% of EUR 421,053 as follows:
a. season of 13th birthday: 0.62% corresponding to EUR 2,610.53;
b. season of 14th birthday: 3.55% corresponding to EUR 14,947.37;
c. season of 15th birthday: 3.64% corresponding to EUR 15,326.32; and
d. season of 16th birthday: 5.78% corresponding to EUR 24,336.84.

22.

In view of the above, the Claimant is entitled to receive EUR 57,221,05.

23.

Since the Claimant requested the payment of the relevant interests, the Single Judge of the subcommittee of the DRC noted that the interest on solidarity contribution is calculated as from 31
days from the relevant payment of temporary and permanent transfer fees.

24.

In that sense, the Single Judge of the sub-committee of the DRC established that the Claimant
is entitled to receive 5% interests p.a. on the relevant temporary and permanent transfer fees
and instalments as follows:
a. EUR 21,457.89 plus 5% interest per annum on that amount as from 4 March 2019 as
solidarity contribution from the temporary transfer fee of EUR 3,000,000 due on 1
February 2019;
b. EUR 8,583.16 plus 5% interest per annum on that amount as from 1 September 2019
as solidarity contribution from the first instalment of the permanent transfer fee of EUR
1,200,000 due on 1 August 2019;
c. EUR 13,590.00 plus 5% interest per annum on that amount as from 1 September 2019
as solidarity contribution from the second instalment of the permanent transfer fee of
EUR 1,900,000 due on 1 August 2019; and
d. EUR 13,590.00 plus 5% interest per annum on that amount as from 2 January 2020
as solidarity contribution from the third instalment of the permanent transfer fee of
EUR 1,900,000 due on 2 December 2019.

25.

In relation to the Claimant’s argument that it had allegedly received only EUR 80,872.00 from
the Respondent, the Single Judge of the DRC noted that no evidence was provided by the
Claimant in support of its allegation. From the evidence presented by the Respondent in form
of a bank transaction receipt showing that on 25 March 2021 the Respondent had paid EUR
84,210.25 to the Claimant for the solidarity contribution for the Player’s transfers, the Single
Judge of the sub-committee of the DRC established that the Claimant has already received the
due solidarity contribution.

Page 9 of 12

REF TMS 7531

26.

Consequently, the claim of the Claimant is rejected.

27.

Finally, in relation to the Respondent’s request that the FIFA DRC should “(…) order the Claimant,
FC Aguila Villa, to reimburse the difference of the sum paid by our Club and the proposed sum
by the FIFA Administration”, the Single Judge of the sub-committee of the DRC noted that it
cannot decide on the Respondent’s request in the present matter and that a separate claim
should be lodged by the Respondent before the FIFA DRC. Furthermore, the Single Judge of the
sub-committee of the DRC noted that on 15 July 2021 the FIFA administration notified the
parties as follows:
“In this context and with regard to the Respondent’s allegations that it wishes to receive
back a part of the amount already paid to the Claimant, we wish to inform you that, in
accordance with the jurisprudence of the Dispute Resolution Chamber, the player’s new
club is ordered to remit the relevant proportion(s) of the 5% solidarity contribution to
the club(s) involved in the player’s training in strict application of the relevant provisions
of the FIFA Regulations on the Status and Transfer of Players.
Should the Respondent wish to lodge a claim against the Claimant requesting the
reimbursement of the proportion(s) of the 5% of the compensation that it had already
paid, such claim shall be addressed to [email protected] in a PDF file (cf. art. 9bis of the
Rules Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber).
Finally, we would like to draw your attention to the content of art. 25 par. 5 of the
Regulations on the Status and Transfer of Players, in accordance with which our
decision-making bodies shall not hear any case subject to the Regulations if more than
two years have elapsed since the event giving rise to the dispute. Equally, we kindly
refer you to art. 2 par. 1 of Annexe 5 of the Regulations which stipulates that solidarity
contribution shall be paid to the training club(s) no later than 30 days after the player’s
registration or, in case of contingent payments, 30 days after the date of such
payments.”

28.

No procedural costs are levied (cfr. Art 18.1 of Procedural Rules).

Page 10 of 12

REF TMS 7531

III. DECISION
1.

The claim of the Claimant, FC Villa Aguila, is rejected.

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 11 of 12

REF TMS 7531

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 12 of 12