Solidarity Contribution
Texto da decisão
TMS 7616
Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 31 August 2021
regarding solidarity contribution for the transfer of the player Pedro Antonio
Pereira Gonçalves
BY:
Alexandra Gómez Bruinewoud (Uruguay and the Netherlands), Single
Judge of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
Valencia CF, Spain
RESPONDENT:
Sporting CP, Portugal
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TMS 7616
I. FACTS OF THE CASE
Player:
Pedro Antonio Pereira Gonçalves
Date of birth:
28 June 1998
Player passport:
issued by the Real Federación Española de Fútbol (RFEF) on 10 November 2020
Season
2016/2017
2016/2017
2017/2018
From
01.09.2016
19.07.2017
To
29.08.2016
30.06.2017
-
Club
(FPF)
Valencia CF
(FA)
Status
Amateur
-
Sporting season:
1 July to 30 June of the following year (Spain)
Date of transfer:
17 August 2020
From FC FC Famalicão (Portugal) to Sporting CP (Portugal)
Financial conditions: EUR 6,500,000 payable as follows:
(i) EUR 500,000 on 15 October 2020;
(ii) EUR 1,375,000 on 30 January 2021;
(iii) EUR 1,375,000 on 30 July 2021;
(iv) EUR 1,625,000 on 30 January 2022; and
(v) EUR 1,625,000 on 30 July 2022.
Claimant club:
Valencia CF (Spain)
Respondent club:
Sporting CP (Portugal)
Claim and response:
1.
On 18 January 2021, 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 FC Famalicão (hereinafter, “the former club”) to the Respondent. In particular,
the Claimant requested the payment of EUR 61,171.23 “plus interest of 5% p.a. from the
corresponding payment dates of each instalment (if any) until the date of effective payment”.
2.
According to the information contained in the player’s passport provided by the Claimant, the
player was registered with it as from 1 September 2016 until 30 June 2017.
3.
Nevertheless, as per the Claimant, the player was registered with its club “since August 2015”.
In this regard, the Claimant sustained the following: “[d]espite the Player was not formally
registered on the RFEF during the period from August 2015 to September 2016, the Player was
indeed training at Valencia CF as well as living at the club’s academy since August 2015 […] and
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therefore, along said period of time, the Claimant was effectively taking care of the training and
education of the Player, the purpose towards whose remuneration, the training compensation
mechanism was created by FIFA”.
4.
In this context, the Claimant requested to receive solidarity contribution as follows:
“a. For the period from 01 July 2015 to 30 June 2016 (0,42%) = €26,979.45
b. For the period from 01 July 2016 to 30 June 2017 (0,50%) = €32,500.00
c. For the period from 01 July 2017 to 19 July 2017 (0,03%) = €1,691.78”.
5.
On 13 November 2020, the Claimant requested the Respondent the payment of the solidarity
contribution for the period in which the player had been allegedly training and staying in its club,
i.e. from 1 July 2015 until 19 July 2017.
6.
As per the Claimant, the Respondent replied that “there was no evidence that the Player had
been registered [with the Claimant] on the 2015-2016 season, nor on the period of 01 July 2017
to 19 July 2017. For such reason, [the Respondent] were willing to pay € 26,975.00 in five
instalments”.
7.
According to the information submitted by the Claimant, the Spanish club allegedly provided
the Respondent with the following documents:
(i)
(ii)
(iii)
(iv)
The copy of an email according to which the player allegedly informed the
Claimant that his son “was going out with some friends to the annual Valencia
city fair. He is going out around 2:30 and will be returning to the club’s facilities
at 7:30” (free translation from Portuguese. No translation provided).
The copy of an internal communication, dated 23 September 2015, according to
which the football coordinator allegedly informed that the player was travelling
to Portugal from 25 September until 30 September.
The copy of an email dated 30 October 2015, by means of which the Claimant
allegedly requested the player’s academic records, stating its intention of
validating the player’s former studies in order for him to continue studying in
Spain.
Flight tickets to travel from Valencia to Porto on 12 November 2015, returning
to Valencia on 17 November 2015.
8.
As per the Claimant, the Respondent reiterated its previous reply (cf. point I.6. above) and
requested the Claimant to lodge a claim before the Dispute Resolution Chamber (DRC).
9.
On 10 March 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay to the Claimant the sum of EUR 7,781.25 (8.30% of the due
solidarity contribution), plus 5% interest per annum as of 30 days of the due date of each
instalment until the date of effective payment.
10.
The Claimant rejected the proposal.
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11.
The Respondent, for its part, agreed with the calculations.
12.
The Respondent held that its club had “shown its willingness to pay the first instalment of the
solidarity contribution”. In support of its allegation, the Respondent provided evidence of having
requested the Claimant to provide it with the necessary invoice and bank account details “on
10, 13 and 23 of November 2020 and on 15 March 2021”.
13.
As per the Respondent, the Claimant’s “failure to provide the Respondent with its bank details
means that it is [the Claimant] who is preventing Sporting from performing its obligation”. In
this context, referring to the provisions of art. 91 of the Swiss Code of Obligations, the
Respondent deemed that its club was “not in default” and therefore, “no interest shall accrue”.
Information provided by the RFEF:
14.
In order to establish the complete player’s football career, FIFA requested the RFEF to provide an
updated player’s passport. In particular, FIFA made clear reference to the player’s football career
during the season of 2015/2016.
15.
In its reply, the RFEF provided the copy of a player’s passport issued on 4 March 2021, according
to which the player had been registered with the Claimant as from 1 September 2016 until 30
June 2017.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2020 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 requested the payment of the solidarity contribution on the transfer of the player
to the Respondent. In particular, the Claimant requested the payment of EUR 61,171.23 as
solidarity contribution, corresponding to 0.95% of the total transfer fee.
2.
The entitlement of the Claimant to receive solidarity contribution remained uncontested.
3.
According to the player’s passport provided by the Claimant, the player was registered with the
Spanish club as from 1 September 2016 until 30 June 2017.
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4.
Nevertheless, the Claimant requested the payment of the solidarity contribution for the period
in which the player had been allegedly training and staying in its club, i.e. from 1 July 2015 until
19 July 2017.
5.
In this context, in order to determine the player’s period of registration with the Claimant, the
RFEF was requested to provide an updated player’s passport.
6.
In its reply, the RFEF confirmed that the player was registered with the Claimant as from 1
September 2016 until 30 June 2017.
7.
In this context, and after having analyzed the documentation provided by the Claimant (cf. point
I.7. above), the single judge deemed that the evidence on file was not sufficient to conclude that
the player was indeed registered with the Claimant for the whole period between 1 July 2015
and 19 July 2017 (cf. art. 12 par. 3 of the Procedural Rules).
8.
As such, referring to the provisions of art. 2 par. 2 of Annexe 5 of the RSTP, the single judge
considered that the Claimant should receive its proportion of the solidarity contribution in
conformity with the period indicated in both official player’s passports issued by the RFEF, i.e.
for the period between 1 September 2016 and 30 June 2017.
9.
It is uncontested that the Respondent did not pay to the Claimant its proportion of the solidarity
contribution generated by the permanent transfer of the player.
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 during the season of his 19 th
birthday.
11.
If a 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).
12.
As per art. 1 par. 1 of Annexe 5 of the RSTP, the solidarity contribution for the seasons of a
player’s 16th - 23rd birthday amounts to 10% of the total solidarity contribution.
13.
In this context, taking into account the time that the player was registered with the Claimant as
established in point II.8. above, the Claimant would be entitled to receive 8.30% of the solidarity
contribution due, corresponding to 303 days during the season of the player’s 19 th birthday.
14.
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.
15.
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.
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16.
In continuation, the single judge observed that the third instalment was already due. In this
context, and in line with the principle of procedural economy, the single judge deemed that the
solidarity contribution due to the Claimant should be calculated on the basis of the first three
instalments of the transfer fee.
17.
In view of the above, the amount to be taken into account to calculate the solidarity contribution
due to the Claimant is EUR 3,250,000, corresponding to the first three instalments of the transfer
fee.
18.
In total, the solidarity contribution due would amount to EUR 13,487.50 (8.30% of 5% of EUR
3,250,000).
19.
In view of all the aforementioned, the Respondent has to pay to the Claimant EUR 13,487.50
as solidarity contribution.
20.
It was further noted that the Claimant requested payment of an interest at the rate of 5% per
annum.
21.
Considering the Respondent’s several attempts to receive an invoice and the Claimant’s bank
details (cf. point I.12. above), the single judge deemed that default interests shall not be awarded
in the matter at hand.
22.
Consequently, the claim of the Claimant is partially accepted.
23.
Considering the circumstances of the matter at hand, the judge deemed that no procedural
costs should be paid by the parties.
24.
The relevant provisions of art. 24bis of the RSTP are applicable to the present matter
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III. DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Valencia CF, is partially accepted.
2.
The Respondent, Sporting CP, shall pay to the Claimant EUR 13,487.50 as solidarity contribution.
3.
Any further claims lodged by the Claimant are rejected.
4.
Full payment shall be made to the bank account indicated in the enclosed Bank Account
Registration Form.
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 is not paid by the Respondent within 45 days as from notification of the present
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 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 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
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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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