Solidarity Contribution
Texto da decisão
REF TMS 12050
Decision of the
Dispute Resolution Chamber
passed on 29 November 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:
Mashal, Uzbekistan
RESPONDENT:
GENOA CRICKET AND F.C. SPA, Italy
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REF TMS 12050
I. FACTS OF THE CASE
Player:
ELDOR SHOMURODOV
Date of birth:
29 June 1995
Player passport (s): issued by the Uzbekistan Football Association (UFA):
- on 26 October 2020, with a registration gap from 2 January 2012 until 3 January 2013:
Season
Birthday Club(s)
Registration dates
Status
FC Marshal Mubarek
01/05/07
31/12/07
Amateur
FC Marshal Mubarek
01/01/08
31/12/08
Amateur
14
FC Marshal Mubarek
01/01/09
31/12/09
Amateur
2010
15th
FC Marshal Mubarek
01/01/10
31/12/10
Amateur
2011
th
FC Marshal Mubarek
01/01/11
31/12/11
Amateur
th
FC Marshal Mubarek
01/01/12
02/01/12
Amateur
th
th
2009
th
2007
2008
2012
12
13
16
17
REG. GAP
2013
2014
th
FC Marshal Mubarek
03/01/13 31/12/13
Professional
th
FC Marshal Mubarek
01/01/14
Professional
18
19
02/01/14
- on 2 August 2021, with a registration gap between 2 January 2012 and 3 January 2013:
Season
2007
2008
2009
2010
2011
2012
Birthday Club(s)
th
th
th
th
th
th
12
13
14
15
16
17
Registration dates
Status
FC Marshal Mubarek
01/05/07
31/12/07
Amateur
FC Marshal Mubarek
01/01/08
31/12/08
Amateur
FC Marshal Mubarek
01/01/09
31/12/09
Amateur
FC Marshal Mubarek
01/01/10
31/12/10
Amateur
FC Marshal Mubarek
01/01/11
31/12/11
Amateur
FC Marshal Mubarek
01/01/12
02/01/12
Amateur
REG. GAP
2013
2014
2015
2016
2017
th
FC Marshal Mubarek
03/01/13
31/12/13
Professional
th
FC Marshal Mubarek
01/01/14
31/12/14
Professional
th
FC Bunyodkor
01/01/15
31/12/15
Professional
st
FC Bunyodkor
01/01/16
31/12/16
Professional
nd
FC Bunyodkor
01/01/17
12/07/17
Professional
18
19
20
21
22
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REF TMS 12050
- on 2 August 2021, without a registration gap from 2 January 2012 until 3 January 2013:
Season
Birthday Club(s)
Registration dates
Status
FC Marshal Mubarek
01/05/07
31/12/07
Amateur
13
FC Marshal Mubarek
01/01/08
31/12/08
Amateur
2009
14th
FC Marshal Mubarek
01/01/09
31/12/09
Amateur
2010
th
FC Marshal Mubarek
01/01/10
31/12/10
Amateur
th
FC Marshal Mubarek
01/01/11
31/12/11
Amateur
th
FC Marshal Mubarek
01/01/12
31/12/12
Amateur
th
FC Marshal Mubarek
01/01/13
31/12/13
Professional
th
FC Marshal Mubarek
01/01/14
31/12/14
Professional
th
2008
th
2007
12
15
2011
16
2012
17
2013
18
2014
19
2015
20th
FC Bunyodkor
01/01/15
31/12/15
Professional
2016
st
FC Bunyodkor
01/01/16
31/12/16
Professional
nd
FC Bunyodkor
01/01/17
12/07/17
Professional
21
2017
22
Date of transfer: 5 October 2020, from FC Rostov (Russia) to GENOA CRICKET AND F.C. SPA
(Italy)
Financial conditions:
- EUR 7,500,000 as follows:
-
o
EUR 2,500,000 due on 30 November 2020;
o
EUR 2,000,000 due on 30 April 2021;
o
EUR 1,800,000 due on 31 October 2021; and
o
EUR 1,200,000 due on 30 June 2022.
Bonuses due 30 days after they are triggered:
o
EUR 500,000 bonus if the player reaches 10 goals/assists;
o
EUR 500,000 bonus if the player reaches 15 goals/assists; and
o
EUR 500,000 bonus if the player reaches 20 goals/assists.
- 15% sello
In accordance with the information disclosed by the Federazione Italiana Giuoco
Calcio (FIGC), and available on TMS, the player went from GENOA CRICKET AND
F.C. SPA to A.S. ROMA for:
EUR 1,433,858 due on 30 June 2022;
EUR 8,000,000 due on 30 June 2022;
EUR 7,294,490 due on 30 June 2023;
EUR 1,433,858 bonus for reaching UCL group stage;
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REF TMS 12050
EUR 477,952 bonus for 5 appearances of either 45 minutes or as a
starting eleven;
EUR 477,952 bonus for 40 appearances of either 45 minutes or as a
starting eleven; and
10% sell-on over the profit of a future transfer.
Claimant club:
Mashal (Uzbekistan)
Respondent club: GENOA CRICKET AND F.C. SPA (Italy)
Claim and Response:
1.
On 21 December 2022, the Claimant requested the payment of solidarity contribution
on the basis of the transfer of the player from the Intervening party to the Respondent.
2.
In its calculation, the Claimant considered to be entitled to 2.917% of the amounts paid
by the Respondent for the transfer of the player plus 5% interest p.a. as from the due
dates of payment.
3.
The Claimant, basing its request on the UFA player passport of 2 August 2021, and
without a registration gap,
2,802
th
uninterrupted days, between
until his 19th birthday.
4.
On 5 October 2020, the player was transferred to the Respondent for a EUR 7,500,00
fixed fee, bonuses of EUR 500,000 for 10,15 and 20 goals/assists, as well as a clause of
15% sell-on over the profit of a future transfer.
5.
The Claimant stated having received until this point EUR 181,295 from the Respondent
and it expects to receive another EUR 37,480, to reach the EUR 218,775 it understands
as due by multiplying its alleged 2.917% solidarity contribution entitlement by the EUR
7,500,000 fixed transfer fee.
6.
Regarding the bonuses, the Claimant states that the player reached 10 goals/assists,
which should result on its 2.917% solidarity contribution entitlement becoming due over
the EUR 500,000 bonus, i.e. the amount of EUR 14,585.
7.
Moreover, the Claimant highlighted the clause of 15% sell-on over the profit was
, with the following payments already
having been received by the Respondent:
a. EUR 1,433,858 due on 30 June 2022;
b. EUR 8,000,000 due on 30 June 2022;
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REF TMS 12050
c. EUR 7,294,490 due on 30 June 2023;
d. EUR 1,433,858 bonus for reaching UCL group stage; and
e. EUR 477,952 bonus for 5 appearances of either 45 minutes or as a
starting eleven.
8.
On 17 February 2023, the Respondent stated it received from the UFA, the player
passports issued on 26 October 2020 and on 2 August 2021, both with registration gaps
between 2 January 2012 and 3 January 2013.
9.
Based on the information available on the UFA player passport dated 2 August 2021,
with the registration gap, the Respondent calculated the Claimant being entitled to
receive 2.417% of the paid fees.
10.
By multiplying the 2.417% entitlement by the EUR 7,500,000 fixed transfer fee, the
Respondent paid to the Claimant EUR 181,295 of solidarity contribution, as confirmed
by the latter.
11.
Finally, the Respondent highlighted that the first UFA player passport it received, dated
26 October 2020, presented a shorter registration period of the player with the Claimant.
However, the Respondent argued that, by exercising its good faith, it asked the UFA for
the updated document abovementioned and paid additional solidarity contribution to
the Claimant.
12.
As final comments, both Claimant and Respondent reinforced their respective
allegations.
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.
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Decision:
1.
The Claimant requested the payment of solidarity contribution for the transfer of the
player to the Respondent.
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REF TMS 12050
2.
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.
3.
According to the jurisprudence of the DRC, the chamber shall in principle rely on the
information inputted in the player passport(s) issued by the relevant member
association(s) unless there is clear evidence that would contradict its content.
4.
In addition, the jurisprudence of the DRC established that a registering club shall act with
utmost due diligence when registering a player. More particularly, the DRC has
determined that in instances where a registering club can demonstrate that it acted with
due diligence in attempting to obtain the accurate career history of a player but that the
relevant member association(s) produced multiple and/or contradictory player
passports/registration information afterwards, the player passport first issued by said
member association(s) (either downloaded in TMS or via official communication) shall
be the passport and/or official information relied upon when determining if and to
whom solidarity contribution is payable.
5.
The registration history of the player within the UFA is disputed between Claimant and
Respondent.
6.
The Claimant claims
2007 and 31 December 2014, as shown by the UFA player passport issued on 2 August
2021 without a registration gap.
7.
The Respondent alleges having paid to the Claimant its solidarity contribution
entitlement over the EUR 7,500,000 fixed fee based on the UFA player passport issued
on 2 August 2021 and containing a registration gap between 2 January 2012 and 3
January 2013.
8.
The Claimant confirmed having received EUR 181,295 and it asks for an additional
payment regarding the abovementioned registration gap.
9.
The disputed UFA player passports, even if containing conflicting information, were both
issued on the same day, 2 August 2021.
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REF TMS 12050
10.
Art. 13, par. 5 of the Procedural Rules determines that
.
11.
The allegations of the Claimant shall be rejected in line with art. 13 par. 5 of the
Procedural Rules as it did not submit any conclusive evidence that would support its
allegations
2013.
12.
Therefore, it is determined that the Respondent acted with due diligence and in good
faith when asking the UFA
the hiring of his
services.
13.
In light of the above, it is stablished that the registration period between 2 January 2012
and 3 January 2013 is not attributed to any club, as shown on the UFA player passports
of 26 October 2020 and one of the two issued on 2 August 2021.
14.
Based on the latter, the Claimant is entitled to receive as solidarity contribution 2.417%
of the amounts paid by the Respondent for the transfer of the player:
a. 0.167% for the 245 days o
th
birthday, between 1 May and 31
December 2007;
th
b. 0.25% for the full year of 2008
birthday;
th
c. 0.25% for the full year of 2009 on the player's 14 birthday;
d. 0.25% for the full year of 2010 on the player's 15th birthday;
e. 0.5% for the full year of 2011 on the player's 16th birthday;
f.
0% for the 2 days of registration on the player's 17th birthday, between 1 and 2
January 2012;
g. 0.5% for the 363 days
th
birthday, from 3 January until 31
December 2013; and
h. 0.5% for the full year o
15.
19th birthday.
It is undisputed that the Respondent has paid to the Claimant 2.417% of the EUR
7,500,000 fixed fee, i.e. EUR 181,295.
16.
Regarding the EUR 500,000 bonus for 10 goals/assists, the Claimant provided as
evidence online sources highlighting the payment was triggered on 22 May 2021 and
paid by the Respondent 30 days after it, on 21 June 2021.
17.
The Claimant is entitled to receive over this bonus the amount of EUR 12,085, i.e. 2.417%
of the EUR 500,000 payment.
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REF TMS 12050
18.
In accordance with the information available on TMS, the Respondent has paid until now
EUR 8,000,000 for the transfer of the player, regarding the abovementioned fixed fee
and bonus.
19.
According to the evidence presented by the Claimant and to the information disclosed
by the FIGC, the Respondent has received from AS ROMA for the transfer of the player,
until now:
a. EUR 1,433,858 on 30 June 2022;
b. EUR 8,000,000 on 30 June 2022;
c. EUR 7,249,480 on 30 June 2023; and
d. EUR 477,952 bonus on 30 June 2022.
20.
Because of that, the Respondent had a profit of:
a. EUR 1,911,810 on 30 June 2022; and
b. EUR 7,294,480 on 30 June 2023.
21.
In accordance with the clause of 15% sell-on over the profit, the Respondent has
additionally paid for the transfer of the player:
a. EUR 286,771.50, i.e. 15% of EUR 1,911,810, on 30 July 2022; and
b. EUR 1,094,172, i.e. 15% of EUR 7,294,480, on 30 July 2023.
22.
The Claimant is entitled to receive 2.417% of solidarity contribution over these amounts:
a. EUR 6,931.27; and
b. EUR 26,446.14.
23.
By applying the solidarity contribution the Claimant understands being entitled to
receive over the fixed fee, bonus and sell-on, one reaches EUR 143,221.25.
24.
The Claimant is entitled to receive EUR 45,462.54 of solidarity contribution.
25.
Consequently, the claim of the Claimant is partially accepted.
26.
In addition, taking into account the specific request of the Claimant as well as the wellestablished jurisprudence of the DRC with regard to interest, the Claimant is entitled to
receive interest at the rate of 5% p.a. on the due amount as of the day after it became
due.
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REF TMS 12050
27.
The Claimant is entitled to receive EUR 45,462.41 as follows:
a. EUR 12,085 plus 5% interest p.a. as from 22 July 2021;
b. EUR 6,931.27 plus 5% interest p.a. as from 31 August 2022; and
c. EUR 26,446.14 plus 5% interest p.a. as from 31 August 2023.
28.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for
disputes between clubs regarding the payment of training rewards.
29.
Thus, 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).
30.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount
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.
31.
In view the specific circumstances of the case, procedural costs shall be set at USD
15,000.
32.
The amount of USD 5,000 shall be borne by the Claimant, and the amount of USD 10,000
shall be borne by the Respondent.
33.
Art. 24bis RSTP is applicable to the matter at hand.
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REF TMS 12050
III. DECISION
1. The claim of the Claimant, Mashal, is partially accepted.
2. The Respondent, GENOA CRICKET AND F.C. SPA, has to pay to the Claimant the amount
EUR 45,462.41 of solidarity contribution as follows:
- EUR 12,085 plus 5% interest p.a. as from 22 July 2021;
- EUR 6,931.27 plus 5% interest p.a. as from 31 August 2022; and
- EUR 26,446.14 plus 5% interest p.a. as from 31 August 2023.
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 15,000 are to be paid to FIFA
reference to case no. TMS 12050 (cf. note relating to the payment of the procedural costs
below) as follows:
- the amount of USD 5,000 shall be paid by the Claimant; and
-
the amount of USD 10,000 shall be paid by the Respondent.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 12050
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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