Solidarity Contribution
Texto da decisão
REF TMS 6565
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 8 January 2021
regarding solidarity contribution for the transfer of the player Junior Osmar
Ignacio Alonso Mujica
BY:
Alexandra Gómez Bruinewoud (Uruguay), Single Judge of the subcommittee of the Dispute Resolution Chamber
CLAIMANT:
Cristobal Colon, Paraguay
RESPONDENT:
Atletico MG, Brazil
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REF TMS 6565
I. FACTS OF THE CASE
Player:
Junior Osmar Ignacio Alonso Mujica
Date of birth:
9 February 1993
Player passport:
issued by the Asociación Paraguaya de Futbol (“APF”)
Season
Club(s)
Registration dates
Status
2005
2006
2007
2008
2009
Cristobal Colon
Cristobal Colon
Cristobal Colon
Cristobal Colon
Cristobal Colon
01.01.2005-31.12.2005
01.01.2006-31.12.2006
01.01.2007-31.12.2007
01.01.2008-31.12.2008
01.01.2009-19.02.2009
Amateur
Amateur
Amateur
Amateur
Amateur
Sporting season:
1 January to 31 December (Paraguay)
Date of transfer:
21 July 2020, LOSC Lille (France) to Atletico MG (Brazil)
Financial conditions: EUR 3,000,000 payable as follows:
- EUR 1,000,000 on 1 August 2020
- EUR 500,000 on 28 February 2021;
- EUR 750,000 on 30 June 2021;
- EUT 750,000 on 20 December 2021.
In accordance with the agreement the amounts to be paid to LOSC Lille (“the
former club”) were net amounts and “no deductions will be made by clube
Atletico Mineiro and LOSC will receive 100% of the amount fixed into the
Agreement. (…) Atletico Mineiro will be solely responsible of paying the FIFA
Solidarity Contribution and the eventual Training Compensation provided by
Article 20 and 21 and Annexe 4 and 5 of the FIFA Regulations on the Status
and Transfer of Players (RSTP, 2020 Edition) to the Player’s training clubs.
Accordingly, Clube Atletico Mineiro shall no deduct from the Transfer
Compensation prior to payment to LOSC, the amount of Solidarity
Contribution arising in respect thereof.”
Claimant club:
Cristobal Colon, Paraguay
Respondent club:
Atletico MG, Brazil
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REF TMS 6565
Claim and Response:
1.
On 11 August 2020, the Claimant lodged a claim for solidarity contribution against the
Respondent requesting payment of the solidarity contribution in connection with transfer of the
player to the Respondent.
2.
On 25 September 2020, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of EUR 11,247.37 as solidarity
contribution on the first instalment due as per the transfer agreement, plus 5% interest p.a. as
from the due date.
3.
The Claimant accepted the proposal.
4.
The Respondent contested the proposal arguing that only the sum of EUR 10,691.78 was due
to the Claimant as solidarity contribution on the first instalment of EUR 1,000,000.
II. LEGAL CONSIDERATIONS
Applicable law:
RSTP: June 2020 edition.
Procedural Rules: June 2020 edition.
Jurisdiction:
yes, uncontested.
Admissible:
yes, uncontested.
Decision:
5.
The Claimant requested the payment of solidarity contribution on the transfer of the player to
the Respondent.
6.
The Respondent contested the proposal of the FIFA administration but did not contest the
entitlement of the Claimant to receive solidarity contribution.
7.
It is undisputed that the player was registered with the Claimant as indicated in the player
passport issued by the APF, i.e. between 01.01.2005 and 31.12.2008, corresponding to the
entire season of the player’s 12th, 13th, 14th and 15th birthday, as well as 49 days during the
season of the player’s 16th birthday.
8.
It is also uncontested that the Respondent did not pay to the Claimant its portion of the solidarity
contribution generated by the transfer of the player.
9.
The transfer fee that was to be paid to the Respondent did not include solidarity contribution.
Therefore, solidarity contribution is to be calculated in addition to the relevant transfer
compensation.
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REF TMS 6565
10.
As a result, 5% is to be added to the total amount of EUR 1,000,000. Consequently, the amount
to be taken into account to calculate the solidarity contribution due to the Claimant is EUR
1,052,632, i.e. EUR 1,000,000 plus 5%.
11.
The Claimant is entitled to receive its portion of the due solidarity contribution for the training
and education provided to the player between his 12th and 16th birthday.
12.
As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the seasons of a player’s 12th,
13th, 14th and 15th birthday amounts to 5% of the total solidarity contribution, the one for the
seasons of a player’s 16th birthday amounts to 10% of the total solidarity contribution.
13.
If a player is registered for less than a year this amount is to be calculated on a pro rata basis
(cfr. Art. 1 par. 1 of Annexe 5 to the RSTP).
14.
Taking into account the time that the player was registered with the Claimant as established in
point 7 above, the Claimant is entitled to receive 21.37% of the solidarity contribution due, i.e.
5% for the seasons of his 12th, 13th, 14th and 15th birthday as well as 1.37% for the season of
his 16th birthday. In total the solidarity contribution due amounts to EUR 11,247.37.
15.
As a result, the Claimant is entitled to receive from the Respondent the amount of EUR
11,247.37 as solidarity contribution.
16.
Consequently the claim of the Claimant is accepted.
17.
No procedural costs are levied as per art. 18 of the Procedural Rules.
18.
Art. 24 bis RSTP is applicable.
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Cristobal Colon, is accepted.
2.
The Respondent, Atletico MG, shall pay to the Claimant EUR 11,247.37 as solidarity contribution.
3.
The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
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 (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:
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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.
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
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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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