Solidarity Contribution
Texto da decisão
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REF TMS 11927
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 20 June 2023
regarding solidarity contribution for the transfer
of the player ELDOR SHOMURODOV
BY:
Mr. Johan van Gaalen (South Africa), Single Judge of the
Dispute Resolution Chamber of the Football Tribunal
CLAIMANT:
FC Bunyodkor, Uzbekistan
RESPONDENT:
GENOA CRICKET AND F.C. SPA, Italy
Page 2 of 12
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REF TMS 11927
I. FACTS OF THE CASE
Player:
ELDOR SHOMURODOV
Date of birth:
29 June 1995
Player passport:
issued by the Uzbekistan Football Association on 2 August 2021
Season Birthday Club(s)
Registration dates
Status
FC Marshal Mubarek
01/05/07 – 31/12/07
Amateur
13th
FC Marshal Mubarek
01/01/08 – 31/12/08
Amateur
2009
14
th
FC Marshal Mubarek
01/01/09 – 31/12/09
Amateur
2010
15th
FC Marshal Mubarek
01/01/10 – 31/12/10
Amateur
2011
16th
FC Marshal Mubarek
01/01/11 – 31/12/11
Amateur
2012
17
th
FC Marshal Mubarek
01/01/12 – 02/01/12
Amateur
2013
18th
FC Marshal Mubarek
03/01/13 – 31/12/13
Professional
2014
19
th
FC Marshal Mubarek
01/01/14 – 31/12/14
Professional
2015
20th
FC Bunyodkor
01/01/15 – 31/12/15
Professional
2016
21st
FC Bunyodkor
01/01/16 – 31/12/16
Professional
2017
nd
FC Bunyodkor
01/01/17 – 12/07/17
Professional
2007
th
12
2008
22
Date of transfer:
5 October 2020, from FC Rostov (Russia) to GENOA CRICKET AND F.C.SPA
(Italy) as a professional
Financial conditions:
- EUR 2,500,000 due on 30 November 2020;
- EUR 2,000,000 due on 30 April 2021;
- EUR 1,800,000 due on 31 October 2021;
- EUR 1,200,000 due on 30 June 2022;
- EUR 500,000 bonus if the player reaches 10 goals/assists;
- EUR 500,000 bonus if the player reaches 15 goals/assists;
- EUR 500,000 bonus if the player reaches 20 goals/assists; and
- 15% sell-on over the profit in case of the player’s permanent transfer to a third club.
Claimant club:
FC Bunyodkor (Uzbekistan)
Respondent club:
GENOA CRICKET AND F.C. SPA (Italy)
Intervening party : FC Rostov (Russia) – Former Club
Page 3 of 12
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REF TMS 11927
Claim and Response:
1.
On 1 December 2022, the Claimant requested the payment of solidarity contribution on
the basis of the transfer of the player from the Former Club, FC Rostov, to the
Respondent.
2.
In its calculation, the Claimant considered to be entitled to 1.27% of the amounts paid
by the Respondent to the Former Club.
3.
The player was registered with the Claimant for 924 days, between 1 January 2015 and
12 July 2017, from the season of his 20th birthday until the one of his 22nd birthday.
4.
On 5 October 2020, the player was transferred from the Former Club to the Respondent
for a EUR 7,500,000 fixed fee, bonuses of EUR 500,000 for 10, 15 and 20 goals/assists, as
well as 15% sell-on clause.
5.
The Claimant, previously made aware of the transfer conditions on TMS 11607, which
was closed for the lack of the presentation of the Bank Account Registration Form,
requested to receive as solidarity contribution:
a. EUR 95,250 (EUR 7,500,000 x 1.27%) over the fixed fee; and
b. EUR 6,350 (EUR 500,000 x 1.27%) over the bonus for 10 goals/assists.
6.
The Respondent argued the Claimant’s claim should be dismissed for being time-barred,
in accordance with Article 23.3 of the FIFA Regulations on the Status and Transfer of
Players (RSTP), as more than two years elapsed between the transfer agreement date,
on 30 September 2020, as well as the transfer date on 5 October 2020, and the filing of
the present claim, on 1 December 2022.
7.
If FIFA did not consider the claim time-barred, the Respondent continued its reply by
stating that the transfer agreement determined the payment of the fixed fee would be:
a.
b.
c.
d.
8.
EUR 2,500,000 due on 30 November 2020;
EUR 2,000,000 due on 30 April 2021;
EUR 1,800,000 due on 31 October 2021; and
EUR 1,200,000 due on 30 June 2022.
However, the Respondent argued it paid the fixed fee to the Former Club as shown
below, and that it should be responsibility of the latter to distribute the solidarity
contribution to training clubs, as the Claimant:
a.
b.
c.
d.
EUR 500,000 on 23 December 2020;
EUR 1,000,000 on 30 March 2020;
EUR 1,000,000 on 31 March 2021; and
EUR 5,000,000 on 23 April 2021.
Page 4 of 12
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REF TMS 11927
9.
The Respondent did not contest that the 10 goal/assist bonus had been triggered.
10.
As the transfer fee is inclusive of solidarity contribution, the Respondent requested that,
in the unlikely event of a condemnation, that it should be the Former Club the one held
responsible for paying the training entitlement to the Claimant.
11.
Moreover, the Respondent brought to the attention of the Dispute Resolution Chamber
of the Football Tribunal that Art. 2.5. of the Transfer Agreement states that:
“The Clubs agree that they will share the burden of the FIFA Solidarity Contribution
due to any of the Player’s former training clubs under the FIFA Regulations, as follows:
•
•
50% (fifty percent) to be borne by Genoa; and
50% (fifty percent) to be borne by Rostov.
Therefore, Genoa shall have the right to deduct from any payment under the present
Contract to Rostov a percentage of 50% (fifty percent) of FIFA Solidarity Contribution
due to any of the Player’s former training clubs, and the rest 50% (fifty percent) the
Genoa shall pay on its own costs”.
12.
Because of that, the Respondent requested that, in the event of being condemned to
pay solidarity contribution to the Claimant, that the Former Club should be ordered to
reimburse 50% of these amounts.
13.
Lastly, the Respondent stated that the solidarity contribution percentage due to the
Claimant is not of 1.27% but of 1.264%.
14.
Considering its arguments, the Respondent requested that:
a. the claim is dismissed for being time-barred;
b. if solidarity contribution is considered due, that the Former Club should be
condemned to pay it; and, subsidiarily,
c. the Former Club is ordered to reimburse 50% of the amounts that the
Respondent eventually is condemned to pay to the Claimant.
15.
The Former Club informed FIFA on 19 June 2023 that it originally agreed with the
Respondent on sharing the responsibility of paying solidarity contribution.
16.
However, because of the Respondent’s lack of payment of the transfer fee, a contractual
dispute procedure was opened, FPSD-684 / 21-00149, and the “ADDENDUM NO. 2 TO THE
AGREEMENT FOR THE PERMANENT TRANSFER OF THE PLAYER ELDOR SHOMURODOV”,
provided to FIFA by the Former Club, was signed, determining:
Page 5 of 12
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REF TMS 11927
“4. Furthermore, the Parties agree in modification of article 2.5 of the Agreement,
that Genoa shall not deduct from the Fixed Transfer Fee any amounts with regard to
FIFA Solidarity Contribution which may be due as a result of the transfer of the Player
to Genoa, pursuant to Article 21 of the FIFA RSTP. Instead, Genoa shall pay to Rostov
the full amounts of the Installments of the Fixed Transfer Fee without any deduction,
and Genoa shall in addition pay and distribute the applicable Solidarity Contribution
payments to all entitled third parties and shall indemnify Rostov from any claims of
third parties in this respect.”.
17.
In light of the above, the Former Club is of the opinion that it is exclusively the
responsibility of the Respondent to distribute solidarity contribution.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): October 2020
edition.
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition.
Decision:
1.
The Respondent requested the claim to be considered inadmissible for being timebarred. The Respondent based its request on the fact that the Claimant filed the present
claim more than two years after the signing of the transfer agreement.
2.
Article 2.1. of Annex 5 RSTP determines that “the new club 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”.
3.
The first instalment of the transfer fee agreed between Respondent and Former Club
was due on 30 November 2020. Through the application of the above-mentioned article
of RSTP, solidarity contribution over the first instalment of the transfer fee became
outstanding on 30 December 2020.
4.
The present claim was filed on 1 December 2022. Between 30 December 2020 and 1
December 2022 less than two years have elapsed.
5.
In light of the above, the present claim is admissible.
Page 6 of 12
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REF TMS 11927
6.
Article 1 par. 1 of Annex 5 RSTP stipulates that if a professional moves during the course
of a contract, 5% of any compensation, not including training compensation paid to his
former club, shall be deducted from the total amount of this compensation and
distributed by the new club as a solidarity contribution to the club(s) involved in his
training and education over the years. This solidarity contribution reflects the number
of years (calculated pro rata if less than one year) he was registered with the relevant
club(s) between the calendar years of his 12th and 23rd birthdays.
7.
As indicated on the player passport issued by the Uzbekistan Football Association, the
player was registered with the Claimant between 1 January 2015 and 12 July 2017, i.e.:
a. The entire calendar year of the player’s 20th birthday;
b. The entire calendar year of the player’s 21st birthday; and
c. 193 days on the calendar year of the player’s 22nd birthday.
8.
Based on the above, the Claimant shall be entitled to receive as solidarity contribution
1.264% of any payment made in relation to a transfer of the player, or 25.28% of the
solidarity contribution due, corresponding to:
a. 0.5% of the transfer fee, or 10% of the solidarity contribution due, for the entire
calendar year of the player’s 20th birthday;
b. 0.5% of the transfer fee, or 10% of the solidarity contribution due, for the entire
calendar year of the player’s 21st birthday; and
c. 0.264% of the transfer fee, or 5.28% of the solidarity contribution due, for the
193 days on the calendar year of the player’s 22nd birthday.
9.
Article 1, par. 1 of Annex 5 RSTP foresees that 5% of any compensation paid by the new
club to the former club shall be deducted and distributed by the new club a solidarity
contribution.
10.
It is uncontested that on 5 October 2020, the player was transferred from his Former
Club, FC Rostov (Russia), to the Respondent as a professional.
11.
In this respect, the Respondent agreed to pay to the Former Club:
a. EUR 2,500,000 due on 30 November 2020;
b. EUR 2,000,000 due on 30 April 2021;
c. EUR 1,800,000 due on 31 October 2021;
d. EUR 1,200,000 due on 30 June 2022;
e. EUR 500,000 bonus if the player reaches 10 goals/assists;
Page 7 of 12
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REF TMS 11927
f.
EUR 500,000 bonus if the player reaches 15 goals/assists;
g. EUR 500,000 bonus if the player reaches 20 goals/assists; and
h. 15% sell-on over the profit in case of the player’s permanent transfer to a third
club.
12.
Therefore, the Respondent shall deduct 5% of any of the above due instalments as
solidarity contribution and distribute it accordingly between the training clubs of the
player.
13.
The solidarity contribution generated by the payment of the first instalment corresponds
to 5% of EUR 2,500,000, i.e. EUR 125,000.
14.
The solidarity contribution generated by the payment of the second instalment
corresponds to 5% of EUR 2,000,000, i.e. EUR 100,000.
15.
The solidarity contribution generated by the payment of the third instalment
corresponds to 5% of EUR 1,800,000, i.e. EUR 90,000.
16.
The solidarity contribution generated by the payment of the fourth instalment
corresponds to 5% of EUR 1,200,000, i.e. EUR 60,000.
17.
It is an uncontested allegation that the EUR 500,000 bonus for 10 goals/assists was also
paid. The solidarity contribution generated by it corresponds to 5% of its amount, i.e.
EUR 25,000.
18.
In accordance with article 2 par. 1 of Annex 5 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.
19.
Thus, the Respondent had 30 days to pay any solidarity contribution generated by the
payment of any of the above due instalments to the training clubs.
20.
In fact, the Respondent had:
a. until 30 December 2020 to pay any due solidarity contribution generated by the
first instalment;
b. until 30 March 2021 to pay any due solidarity contribution generated by the
second instalment;
c. until 30 November 2021 to pay any due solidarity contribution generated by the
third instalment;
d. until 30 July 2022 to pay any due solidarity contribution generated by the fourth
instalment; and
Page 8 of 12
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REF TMS 11927
e. for the 10 goal/assist bonus, even though its triggering it is uncontested, the
date of triggering is not specified, and, because of that, it is unclear until when
the solidarity contribution generated by it was to be paid.
21.
The Claimant is entitled to receive 25.28% of the solidarity contribution due.
22.
Therefore, the Claimant is entitled to receive EUR 101,120, corresponding to:
a.
b.
c.
d.
e.
25.28% of EUR 125,000, i.e. EUR 31,600;
25.28% of EUR 100,000, i.e. EUR 25,280;
25.28% of EUR 90,000; i.e. EUR 22,752;
25.28% of EUR 60,000, i.e. EUR 15,168; and
25.28% of EUR 25,000, i.e. EUR 6,320.
23.
It is uncontested that, to date, the Respondent did not pay any of the due solidarity to
the Claimant.
24.
The Respondent argued that, because of the conditions foreseen in the transfer
agreement regarding the player, the Former Club should be the one responsible for the
payment of the full solidarity contribution.
25.
Alternatively, the Respondent requested that the Former Club should be ordered by FIFA
to reimburse 50% of the amounts after they were paid to the Claimant, also in
accordance with the transfer agreement regarding the player.
26.
As shown above, under the RSTP, it is the responsibility of the new club, i.e. the
Respondent, to distribute solidarity contribution. However, given the contractual
provisions agreed with the Former Club, the latter was notified to present its arguments
on whose responsibility it would be to pay solidarity contribution.
27.
The Former Club replied to FIFA that, despite the contractual provisions, the Respondent
is responsible to pay solidarity contribution because of the contractual dispute FPSD684 / 21-00149 and the determination on the “ADDENDUM NO. 2 TO THE AGREEMENT FOR
THE PERMANENT TRANSFER OF THE PLAYER ELDOR SHOMURODOV” that followed it.
28.
The addendum presented by the Former Club, and signed by the latter and the
Respondent, clearly states “Genoa (i.e., Respondent) shall in addition pay and distribute
the applicable Solidarity Contribution payments to all entitled third parties”.
29.
Therefore, solidarity contribution is to be paid by the Respondent to the Claimant, as
contractually agreed by the Former club and the Respondent.
30.
The well-established jurisprudence of the DRC applies a 5% interest per annum as from
the first overdue day for the payment of solidarity contribution.
Page 9 of 12
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{$i9fXfqmKYZvqMnLzbD+S3FIhmhrykAvO5mZ6QN/xFTrdmmWiV9U0+i244cu31SaXrjuYnsrWAvCkUAOtAfeZV0+cy8urRCjVrH30/cKP+N326i9DAg4FdkunDe/AU7A5U4c/8ihMr5FrJTX0I04FaakJl7wqFFxiXd3qlpdLASLsXhWAb3y5hVCKYBnfFkmEp3Kvx0ObCcy4A87Fq6Hj1PpNl1gXv573RDFLvOPDWPjfnnSX/hNWwNZ72CZhVRVyyXkBSDZUT/q/En/XL27cQsh0I+N0+o7+d4oJ59/V878=$}
REF TMS 11927
31.
Based on the above, it is established that the Respondent shall pay the Claimant
solidarity contribution of EUR 101,120:
a.
b.
c.
d.
EUR 31,600 plus 5% interest p.a. as from 30 December 2020;
EUR 25,280 plus 5% interest p.a. as from 30 May 2021;
EUR 22,752 plus 5% interest p.a. as from 30 November 2021;
EUR 15,168 plus 5% interest p.a. as from 30 July 2022 until the date of effective
payment; and
e. EUR 6,320.
32.
Consequently, the claim of the Claimant is accepted.
33.
According to article 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training compensation.
34.
The amount claimed by the Claimant corresponds to an amount higher than USD
100,000 and lower than USD 149,999. Therefore, procedural costs levied in this respect
are fixed at USD 15,000 (cf. art. 2 of Annexe 1 to the Procedural Rules)
35.
According to article 25 par. 5 of the Procedural Rules, the chamber will decide the
amount that each party is due to pay, in consideration of the parties’ degree of success
and their conduct during the procedure, as well as any advance of costs paid. In
exceptional circumstances, the chamber may order that FIFA assumes all procedural
costs.
36.
In view the specific circumstances of the case, procedural costs shall be set at USD
10,000.
37.
In view of the outcome of the claim, said costs shall be borne by the Respondent in full.
38.
Article 24 RSTP is applicable to the matter at hand.
Page 10 of 12
{$x7/hcpxf11Nc9WYp9m94r7SRK2Ka9LP3ONAvaWKiR0x0PdC4B68iI1r6+EIuozv8lRxGv/ywMbBVLhp7FuqyJ2TDKIAufurf/C1dTAhb9m+O09tJfxIu2meHc0FVaRET1WjW4yQ12UOggdnMNEZwMTIimwQ4jJU5tbcePw9ozoFkMv6Yd2K+C9+V77fSOIuXyIDshw9twC4ifw+jTVQhvol566J+qHmiECmNJtKvki3UQcgJ58CHRBRRzaW++ZH5ONeQtxk61F3YODkv2BVDKwq6Q/dpbTadr2sFSDjN6Uc=$}
{$O+9kYYtNkal7yimqO+m4ePJJGpwP3y66dKBpTLiiVANoGIspHHqExP7bneKbyfpW+nPzDrTjPcIezEMr7gtd7ESepN2XzBQp0ygYZE8URC0twf9rOklGrB/tdL2vsEj4dRumIlXoDzWZMTfUvmdkBmcQkDcEYMmGaCfbEFkonnTH4rZXgLBAvp598CByacCMMU6FngbXSyJ5wGy44EFgOIKlQb4b8StGACEiDLFyPxMIOfuqBAW5CBveg1QrY+q/LQPt1ZMKIbT5BU/PulMTi2O0Ew+MZtDiOWunFqX0I0M=$}
REF TMS 11927
III. DECISION
1. The claim of the Claimant, FC Bunyodkor, is accepted.
2. The Respondent, GENOA CRICKET AND F.C. SPA, has to pay to the Claimant the amount
of EUR 101,120 as solidarity contribution as follows:
- EUR 31,600 plus 5% interest p.a. as from 30 December 2020;
- EUR 25,280 plus 5% interest p.a. as from 30 May 2021;
- EUR 22,752 plus 5% interest p.a. as from 30 November 2021;
- EUR 15,168 plus 5% interest p.a. as from 30 July 2022 until the date of effective
payment; and
- EUR 6,320.
3. Any further claims of the Claimant are rejected.
4. Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
5. 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.
6. 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.
7. The final costs of the proceedings in the amount of USD 10,000 are to be paid by the
Respondent to FIFA reference to case no. TMS 11927 (cf. note relating to the payment of
the procedural costs below).
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 11 of 12
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REF TMS 11927
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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 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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