Solidarity Contribution (TMS claims)
Texto da decisão
Dispute Resolution Chamber
Date: 03 February 2026
Sent to:
Respondent:
FC Famalicão
NOTIFICATION OF THE GROUNDS OF THE DECISION
SOLIDARITY CONTRIBUTION FOR THE TRANSFER
OF THE PLAYER Jose Luis RODRIGUEZ FRANCIS
TMS Ref. Nr. 14388
Dear Sirs,
Please find attached the grounds of the decision passed in the aforementioned
matter.
We kindly invite you to take note of this decision.
We remain at your disposal.
Yours faithfully,
FIFA
Copy for information (VIA EMAIL):
Federação Portuguesa de Futebol
UEFA
Fédération Internationale de Football Association
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
[email protected] Tel: +41 43/222 7777
REF TMS 14388
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 11 December 2025
regarding solidarity contribution for the transfer of the player
Jose Luis RODRIGUEZ FRANCIS
BY:
Mr. Clifford Hendel (USA & France), Single Judge of the subcommittee of the Dispute Resolution Chamber
CLAIMANT:
CD UNIVERSITARIO, Panama
RESPONDENT:
FC Famalicão, Portugal
Page 2 of 12
REF TMS 14388
I. FACTS OF THE CASE
Player:
Jose Luis RODRIGUEZ FRANCIS
Date of birth:
16 June 1998
Player passports:
- issued by the Panama Football Federation (FEPAFUT) on 11 July 2024:
Year
Birthday
Club(s)
Registration dates
2011
13
28/01/11
03/12/11
Professional
14
CD Universitario
CD Universitario
2012
20/01/12
02/12/12
Professional
2013
15
CD Universitario
11/01/13
29/11/13
Professional
2014
16
CD Universitario
17/01/14
22/11/14
Professional
2015
17
2016
th
th
th
th
CD Universitario
01/01/15
31/12/15
Professional
th
18
CD Universitario
01/01/16
30/06/16
Professional
18
th
K.A.A. Gent (Belgium)
01/07/16
31/12/16
Pro (on loan)
19th
CD Universitario
01/01/17
01/01/17
Professional
19th
K.A.A. Gent (Belgium)
th
2017
Status
05/01/17 -
Professional
- issued by the Panama Football Federation (FEPAFUT) on 28 February 2025:
Year
Birthday
Club(s)
Registration dates
Status
th
2010
12
CD Universitario
01/01/10
03/12/10
Amateur
th
2011
13
28/01/11
03/12/11
Professional
14
CD Universitario
CD Universitario
2012
20/01/12
02/12/12
Professional
2013
15
CD Universitario
11/01/13
29/11/13
Professional
2014
16
CD Universitario
17/01/14
22/11/14
Professional
2015
17
CD Universitario
01/01/15
31/12/15
Professional
2016
18
CD Universitario
01/01/16
30/06/16
Professional
18th
K.A.A. Gent (Belgium)
01/07/16
31/12/16
Pro (on loan)
19th
CD Universitario
01/01/17
01/01/17
Professional
19th
K.A.A. Gent (Belgium)
05/01/17
31/12/17
Professional
20
th
K.A.A. Gent (Belgium)
01/01/18
24/08/18
Professional
th
NK Istra 1961
01/09/18
31/01/19
Professional
2017
2018
th
th
th
th
th
20
2019
Date of transfer:
21
st
Deportivo Alaves
01/09/19 -
Professional
17 August 2022 from Deportivo Alavés (Spain) to FC Famalicão
(Portugal)
Page 3 of 12
REF TMS 14388
Financial conditions :
EUR 200,000.00 due on 31 August 2022;
EUR 200,000.00 due on 1 March 2023;
EUR 100,000.00 bonus for staying in the 1st division and reaching a minimum of 25
matches for at least 45 minutes in each;
50% sell-on, which may be bought by FC Famalicão for:
o EUR 600,000.00 until 30 July 2023; and
o EUR 800,000.00 until 30 June 2024 with:
EUR 400,000.00 being due thirty days after trigger; and
EUR 400,000.00 seven months after trigger.
o
On 11 July 2024, the player went from FC Famalicão to CRVENA ZVEZDA for:
EUR 700,000.00 due on 31 July 2024;
EUR 700,000.00 due on 31 January 2025;
EUR 600,000.00 due on 31 July 2025;
EUR 250,000.00 bonus for winning Serbian league;
EUR 250,000.00 bonus for reaching UCL group stage;
EUR 250,000.00 bonus for reaching 25 player appearances; and
EUR 250,000.00 bonus for reaching 50 player appearances
o
On 14 September 2024, the player went from CRVENA ZVEZDA to FC Juárez
for:
EUR 135,000.00 due on 30 September 2024;
EUR 135,000.00 due on 28 February 2025;
EUR 600,000.00 due on 15 July 2025;
EUR 600,000.00 due on 31 December 2025;
EUR 530,000.00 due on 31 March 2026; and
10% sell-on.
Claimant club:
C.D. UNIVERSITARIO, Panama
Respondent club:
FC Famalicão, Portugal
Claim and response :
1.
2.
On 26 February 2025, the Claimant lodged the present claim and requested
the Respondent be ordered to pay 40% of the due solidarity contribution deriving from
the amounts paid by the Respondent to the former club plus 5% interest p.a. as from
the due dates of payment.
July 2024.
Page 4 of 12
REF TMS 14388
3.
The Claimant emphasized that not only the fixed fee and bonus should be taken into
account to calculate its entitlement, but also the subsequent transfers of the player from
the Respondent to CRVENA ZVEZDA and from the latter to FC Juarez in light of the sellon chain in place.
4.
In reply to the financial disclosure of the transfer provided by the FIFA general
secretariat, the Claimant provided a new FEPAFUT player passport, issued on 28
February 2025, and it amended its request to 45% of the due solidarity contribution.
5.
The Respondent replied to the claim stating that it concluded an amendment to the
original transfer agreement with the former club on 18 June 2024, through which it
bought the contractually agreed 50% sell-on in exchange for a EUR 600,000.00 payment
with EUR 300,000.00 being paid on 15 July 2024 and EUR 300,000.00 on 15 January 2025.
6.
The Respondent provided as evidence the executed document for the amendment to
the original transfer agreement.
7.
Consequently, the Respondent emphasized that the subsequent transfers of the player
to CRVENA ZVEZDA and FC Juarez did not activate any sell-on originally agreed as this
was replaced by the EUR 600,000.00 amendment payment.
8.
Moreover, with the claim being filed on 26 February 2025, the Respondent is of the
-barred over the EUR 200,000.00 fixed fee
instalment due on 31 August 2022.
9.
10.
11.
mentioned fixed fee instalment was to be paid until 30 September 2022, in accordance
with Article 21 and Annex 5 of the FIFA Regulations on the Status and Transfer of Players.
claim, preventing FIFA from analysing this request in accordance with Article 23,
paragraph 3 of the FIFA Regulations on the Status and Transfer of Players.
Regarding the EUR 100,000.00 bonus for staying in the 1st division, the Respondent
highlighted that the Claimant did not provide evidence of that triggering, which would
Procedural Rules Governing the Football Tribunal.
12.
As for the EUR 600,000.00 amendment payment, the Respondent is of the opinion that,
as this took place after the implementation of the FIFA Clearing House Regulations, that
the distribution of solidarity contribution should be made based on this regulation and
not the claim system.
13.
In replica, the Claimant requested its solidarity contribution entitlement be calculated
over the full fixed fee, bonus, and alleged sell-
Page 5 of 12
REF TMS 14388
arguments of: i. the sell-on fee having been replaced for a EUR 600,000.00 payment; ii.
the claim being time-barred regarding the first fixed fee instalment; and iii. the Claimant
not providing evidence of the triggering of the EUR 100,000.00 bonus.
14.
Moreover, the Claimant informed FIFA that it transferred the player to K.A.A. Gent
against a sell-on fee, and, because of that, it became aware of the amounts of the
subsequent transfers of the player.
15.
The Claimant argues that the player went from K.A.A. Gent to Deportivo Alaves SAD,
former club on the present claim, for a 50% sell-on fee.
16.
The Claimant continues by stating that the former club made to K.A.A. Gent payments in
the amount of:
a. EUR 200,000.00, i.e. 50% sell-on over the EUR 400,000.00 fixed fee agreed by
Respondent and former club;
b. EUR 300,000.00, i.e. 50% sell-on over the EUR 600,000.00 amendment to the
sell-on fee paid by the Respondent to the former club; and
c. EUR 50,000.00, i.e. 50% sell-on over the EUR 100,000.00 bonus agreed between
Respondent and former club.
17.
The Claimant provided as evidence a group of documents and correspondences
involving the latter, K.A.A. Gent and the former club of the present claim.
18.
The Claimant emphasizes its entitlement over the EUR 100,000.00 bonus on an email
exchange with K.A.A Gent, dated 26 March 2025, in which the latter confirms the receipt
from the former club of its 50% sell-on over that bonus.
19.
In replica, the Respondent revisited and emphasized its previously provided arguments.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition
the Dispute Resolution Chamber (Procedural Rules): March 2023 edition
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Page 6 of 12
REF TMS 14388
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution on the
transfer fee of reference, which it originally considered to be equal to 40% of the total
solidarity contribution generated, and later updated this percentage to 45%.
2.
Firstly, regarding the two FEPAFUT player passports. The Single Judge considers the
content of the most recent complements and does not contradict the previous one.
3.
Moreover, this information remained undisputed on the present claim. Consequently,
recent FEPAFUT player passport, i.e.:
a. for 337 days, from 1 January until 3 December 2010, at the calendar year the
th
birthday;
b. for 310 days, from 28 January until 3 December 2011, at the calendar year of
th
birthday;
c. for 318 days, from 20 January until 2 December 2012, at the calendar year of
th
birthday;
d. for 323 days, from 11 January until 29 November 2013, at the calendar year of
th
birthday;
e. for 310 days, from 17 January until 22 November 2014, at the calendar year of
th
birthday;
th
f.
birthday; and
g. for 182 days, from 1 January until 30 June 2016, at the calendar year of the
8th birthday.
4.
Consequently, the Claimant is not entitled to receive 45% of the due solidarity
contribution, as requested by the latter, but 41% of the due solidarity contribution:
a.
b.
c.
d.
e.
f.
g.
birthday;
th
4.3
birthday;
th
4.3% for the player's 14 birthday;
4.4% for the player's 15th birthday;
8.4% for the player's 16th birthday;
th
10.0
birthday; and
th
5.0% for the player's 18 birthday.
th
5.
The Claimant asks its entitlement to be applied over the fixed fee, bonus and sell-on
agreed between the Respondent and former club.
6.
Respondent and former club originally agreed on the payment of:
a. EUR 200,000.00 due on 31 August 2022;
b. EUR 200,000.00 due on 1 March 2023;
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REF TMS 14388
c. EUR 100,000.00 bonus for staying in the 1st division and reaching a minimum
of 25 matches for at least 45 minutes in each; and
d. 50% sell-on, that could be purchased by the Respondent.
20.
21.
22.
23.
In light of the evidence provided, the Single Judge considers the Respondent complied
with its burden of proving the amendment to original transfer agreement and the
-on clause, i.e. the remainder of the economic rights
of the player, with payments to the former club of EUR 300,000.00 on 15 July 2024 and
EUR 300,000.00 on 15 January 2025.
fixed fee, i.e. EUR 200,000.00 due on 31 August 2022, cannot be analysed due to the
statute of limitations imposed by Article 23, paragraph 3 RSTP.
The claim was filed on 26 February 2025. The Single Judge considers that, based on the
above, as well as Annex 5 RSTP, the deadline to claim solidarity contribution, over the
instalment with due date on 31 August 2022, ended on 1 October 2024.
first instalment of the fixed fee.
24.
The second instalment of the fixed fee in the amount of EUR 200,000.00 was due on 1
25.
Regarding the EUR 100,000.00 bonus, the Single Judge takes into account the evidence
-on agreement with K.A.A. Gent and
its awareness that the former club of the present claim paid to K.A.A. Gent 50% of every
payment it received from the Respondent.
26.
Consequently, when K.A.A. Gent received from the former club the payment of EUR
50,000.00, the Claimant became aware that such an amount reflected 50% of the EUR
100,000.00 bonus paid by the Respondent to the former club.
27.
The email in which K.A.A. Gent informs the Claimant about the receipt of this payment
is dated 26 March 2025. This information remained undisputed in the present
proceedings.
28.
Solidarity contribution over the amounts that are not barred by the statue of limitations,
and that were paid by the Respondent to the former club reflect :
a. EUR 10,000.00 (i.e. 5% of EUR 200,000.00 due on 1 March 2023);
b. EUR 5,000.00 (i.e. 5% of EUR 100,000.00 bonus for staying in the 1st division
proven by the Claimant to have been paid by the Respondent to the former
club);
c. EUR 15,000.00 (i.e. 5% of EUR 300,000.00 due on 15 July 2024); and
Page 8 of 12
REF TMS 14388
d. EUR 15,000.00 (i.e. 5% of EUR 300,000.00 on 15 January 2025).
29.
In light of the registration period of the player with the Claimant, the latter is entitled to
41% of the due solidarity contribution, which translates to:
a.
b.
c.
d.
30.
EUR 4,100.00 (i.e. 41% of EUR 10,000.00);
EUR 2,050.00 (i.e. 41% of EUR 5,000.00);
EUR 6,150.00 (i.e. 41% of EUR 15,000.00); and
EUR 6,150.00 (i.e. 41% of EUR 15,000.00).
In addition, taking into account the specific request of the Claimant as well as the well
established 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 amounts as of the day after they became
due, i.e. 5% interest per annum on the amount of:
a. USD 4,100.00 as from 1 April 2023;
b. USD 2,050.00 as from the issuance of the findings, as the Claimant proved its
triggering but could not precise the exact date;
c. USD 6,150.00 as from 15 August 2024; and
d. USD 6,150.00 as from 15 February 2025;
31.
The Single Judge highlights that the FIFA Clearing House Regulations are exclusively
applicable for transfers or registrations that take place after its implementation, i.e. on
November 2022.
32.
Any payment made after that date, if related to a transfer previous to then, shall be
discussed via the TMS claim system.
33.
The Claimant originally claimed to receive 45% of the due solidarity contribution as well
as stating that the totality of the fixed and alleged sell-on should be considered to
calculate its entitlement.
34.
The Single Judge determines the Claimant entitled to receive 41% of the due solidarity
contribution over the second instalment of the fixed fee, first division bonus and
purchase of sell-on right.
35.
Consequently, the claim of the Claimant is partially accepted and any of its further claim
is rejected.
36.
Procedural costs in the maximum amount of USD 25,000.00 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution (cf.
art. 25 of the Procedural Rules).
37.
The amount claimed by the Claimant corresponds to a sum below USD 50,000.00.
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REF TMS 14388
38.
Therefore, procedural costs levied in this respect shall not exceed the sum of USD 5,000
(Annexe 1 of the Procedural Rules).
39.
In consideration of the amount claimed, the costs of the proceedings are set at USD
5,000.00.
40.
Said costs shall be divided between Claimant and Respondent. The amount of USD
2,000.00 shall be paid by the Claimant, the amount of USD 3,000.00 shall be paid by the
Respondent.
41.
Art. 24bis RSTP applies.
Page 10 of 12
REF TMS 14388
III. DECISION
1.
The claim of the Claimant, CD UNIVERSITARIO, is partially accepted.
2.
The Respondent, FC Famalicão, shall pay to the Claimant the amount of EUR 18,450.00 as
solidarity contribution as follows:
a. EUR 4,100.00 plus 5% interest p.a. as from 1 April 2023;
b. EUR 2,050.00 plus 5% interest p.a. as from 15 October 2025;
c. EUR 6,150.00 plus 5% interest p.a. as from 15 August 2024; and
d. EUR 6,150.00 plus 5% interest p.a. as from 15 February 2025 until the effective date
of payment.
3.
Any further claim of the Claimant is 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 5,000.00 are to be paid to FIFA
reference to case no. TMS 14388 (cf. note relating to the payment of the procedural costs
below) as follows:
a. the amount of USD 2,000.00 shall be paid by the Claimant; and
b. the amount of USD 3,000.00 shall be paid by the Respondent
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 11 of 12
REF TMS 14388
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
Fédération International de Football Association - Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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