Solidarity Contribution
Texto da decisão
REF TMS 10170
Decision of the
Dispute Resolution Chamber
passed on 6 May 2022
regarding solidarity contribution for the transfer player Jonathan Gonzalo
Nicolás Martínez from Atlanta United FC (USA) to Al Nassr (Saudi Arabia)
BY:
Stefano Sartori (Italy), DRC Judge
CLAIMANT:
CA Huracán, Argentina
RESPONDENT:
Al Nassr, Saudi Arabia
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REF TMS 10170
I. FACTS OF THE CASE
Player:
Gonzalo Nicolás Martínez
Date of birth:
13 June 1993
Player passport:
issued by the Asociación del Fútbol Argentino (AFA) on 5 September 2019:
Season
Birthday
Club(s)
Registration dates
Status
2009
2010
2011
2011/2012
2012/2013
2013/2014
2014/2015
16th
17th
18th
19th
20th
21st
22nd
CA Huracan
CA Huracan
CA Huracan
CA Huracan
CA Huracan
CA Huracan
CA Huracan
19.03.2009 - 31.12.2009
01.01.2010 - 31.12.2010
01.01.2011 - 30.06.2011
01.07.2011 - 30.06.2012
01.07.2012 - 30.06.2013
01.07.2013 - 30.06.2014
01.07.2014 - 01.02.2015
Amateur
Amateur
Amateur
Professional
Professional
Professional
Professional
Sporting season:
1 January to 31 December (young players in Argentina)
1 July to 30 June (older amateurs and professional players in Argentina)
Date of transfer:
7 September 2020, from Atlanta United FC (USA) to Al Nassr (Saudi Arabia) as
a professional
Conditions:
Transfer fee: USD 16,000,000 payable as follows:
USD 5,000,000 on 17 September 2020;
USD 5,500,000 on 1 October 2021; and
USD 5,500,000 on 1 October 2022.
Claimant club:
CA Huracán (Argentina)
Respondent club:
Al Nassr (Saudi Arabia)
Claim and Response:
1.
On 25 March 2022, the Claimant lodged a claim for solidarity contribution against the
Respondent requesting payment of the solidarity contribution in connection with the transfer of
the player from Atlanta United FC to the Respondent. The Claimant requested the amount of
USD 161,609, which according to it corresponds to 58.76% of the solidarity contribution on the
second instalment of EUR 5,500,000, plus 5% interest p.a. as of 1 November 2021.
2.
On 1 April 2022, the FIFA general secretariat made a proposal to the parties to the settle the
matter suggesting that the Respondent should pay the Claimant the sum of USD 175,477.50
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REF TMS 10170
(63.81% of the due solidarity contribution) plus 5% interest per annum as from 1 November
2021 until the date of effective payment.
3.
The Claimant tacitly accepted the proposal.
4.
On 19 April 2022, the Respondent provided its position regarding the refusal of the proposal.
5.
The Respondent rejected the calculation of the proposal whilst recognizing the entitlement of
the Claimant to receive solidarity contribution.
6.
The Respondent, inter alia, pointed out that the Claimant requested a lower amount then the
one proposed by the FIFA general secretariat, i.e. EUR 161,609, therefore, in accordance with
the legal principle of non ultra petita, the Claimant can be maximum granted the claimed
amount of EUR 161,609.
7.
Finally, the Respondent sustained that the Claimant was entitled to receive 58.70% of the
solidarity contribution only, i.e. the amount of USD 161,425, as calculated below:
Birthday seasons
16th
17th
18th
19th
20th
21st
22nd
TOTAL
Percentage
7.86%
10%
10%
10%
10%
10%
0.84%
58.70%
Amount
USD 21,615
USD 27,500
USD 27,500
USD 27,500
USD 27,500
USD 27,500
USD 2,310
USD 161,425
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2020 edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules): October
2021 edition.
Jurisdiction:
Yes, uncontested
Admissibility:
Yes, uncontested
Decision:
1.
The Claimant requested the payment of its portion of solidarity contribution on the second
instalment of the transfer fee of reference, which it considers to be equal to 58.76% of the
solidarity contribution generated from the payment of USD 5,500,000 paid by the Respondent
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REF TMS 10170
for the transfer of the player, amounting to USD 161,609, plus 5% interest p.a. as from 1
November 2021.
2.
The Claimant tacitly accepted the proposal of the FIFA general secretariat.
3.
The Respondent rejected the proposal of the FIFA general secretariat contesting the amount
requested by the Claimant as well as the calculation of the proposal and provided calculation of
its own. In this regard, the Respondent argued that the portion of solidarity contribution
calculated for the period of registration with the Claimant shall correspond to USD 161,425
(58.70% of the due solidarity contribution).
4.
The player was registered with the Claimant as indicated in the player passport issued by the
AFA, as from 19 March 2009 until 2 February 2015, corresponding to:
i.
ii.
iii.
iv.
v.
vi.
vii.
288 days of the year of the player’s 16th birthday (7.89%);
365 days of the year of the player’s 17th birthday (10%);
365 days of the year of the player’s 18th birthday (10%);
365 days of the year of the player’s 19th birthday (10%);
365 days of the year of the player’s 20th birthday (10%);
365 days of the year of the player’s 21st birthday (10%);
216 days of the year of the player’s 22nd birthday (5.92%).
For a total of 2329 days.
5.
It is undisputed that the Respondent did not pay to the Claimant its portion of the due solidarity
contribution generated by the payment of the transfer fee.
6.
In accordance with art. 2 par. 1 of Annexe 5 of the RSTP, the new club of a player shall pay the
solidarity contribution 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.
7.
As such, in the matter at hand, any solidarity contribution due on the transfer fee would be due
30 days after the date of the contingent payments agreed between the player’s former club and
the Respondent.
8.
In this respect, the relevant transfer agreement stipulates that the second instalment of the
transfer fee in the amount of USD 5,500,000 is to be paid by the Respondent on or before 1
October 2021, whereas the 3rd instalment of USD 5,500,000 is not due yet, being payable by
the Respondent to Atlanta United FC on 1 October 2022.
9.
Consequently, the amount to be taken into account to calculate the solidarity contribution due
to the Claimant is USD 5,500,000, corresponding to the second instalment of the transfer fee,
solidarity contribution is not yet due on the last instalment.
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REF TMS 10170
10.
Thus, in the matter at hand, the Claimant is entitled to receive its proportion of the due solidarity
contribution for the training and education provided to the player between the seasons of his
16th and 23rd birthday.
11.
As per art. 1 par. 1 of Annexe 5 of the RSTP, the solidarity contribution for the season of the
player’s 16th – 22nd birthday amounts to 10% of the 5% of any compensation paid.
12.
If player is registered for less than a year this amount is to be calculated on a pro rata basis (cf.
art. 1 par. 1 of Annexe 5 of the RSTP).
13.
Taking into account the time that the player was registered with the Claimant as established in
point II.4. above, the Claimant is in principle entitled to receive 63.81% of the solidarity
contribution due, amounting to USD 175,477.50.
14.
Nevertheless, in accordance with the legal principle of non ultra petita, considering that the
Claimant limited its request to the amount of USD 161,609, the latter is to be granted the
claimed amount of USD 161,609.
15.
In view of all the aforementioned, the Respondent has to pay to the Claimant USD 161,609 as
solidarity contribution.
16.
In addition, taking into account the request of the Claimant as well as the jurisprudence of the
DRC with regard to interests, the Claimant is entitled to receive interest at the rate of 5% p.a.
as from 1 November 2021 until the date of effective payment.
17.
Consequently, the claim of the Claimant is accepted.
18.
Art. 25 par. 2 of the Procedural Rules stipulates that costs in the maximum amount of USD
25,000 are levied in connection with proceedings before the DRC of the Football Tribunal
relating to disputes regarding training compensation and the solidarity mechanism. Costs are to
be borne in consideration of the parties’ degree of success in the proceedings (art. 25 par. 5 of
the Procedural Rules).
19.
The succeeding party is the Claimant and the amount claimed in the present dispute
corresponded to USD 161,609. Therefore, procedural costs levied in this respect shall not exceed
USD 20,000 (cf. art. 2 of Annexe 1 of the Procedural Rules).
20.
Taking into account the above, procedural costs in the amount of USD 9,000 are to be paid by
the Respondent.
21.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter.
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REF TMS 10170
III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, CA Huracán, is accepted.
2.
The Respondent, Al Nassr, has to pay to the Claimant:
- USD 161,609 as solidarity contribution plus 5% interest p.a. as from 1 November 2021
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.
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.
Pursuant to article 24bis 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 the ban shall
be of three entire and consecutive registration periods. 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.
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.
6. The final costs of the proceedings in the amount of USD 9,000 are to be paid by the
Respondent to FIFA with reference to case no. TMS 10170 (cf. note relating to the payment
of the procedural costs below).
For the Dispute Resolution Chamber :
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 10170
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 17 par. 2 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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