Solidarity Contribution (TMS claims)
Texto da decisão
REF TMS 14700
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 7 July 2025
regarding solidarity contribution in connection with the transfer of the player Keira
WALSH
BY:
Lívia Silva Kägi (Brazil & Switzerland) Deputy Chairwoman
of the sub-committee of the Dispute Resolution Chamber.
CLAIMANT
Blackburn Rovers Women FC, England
RESPONDENT:
F.C Barcelona, Spain
Page 2 of 13
REF TMS 14700
I. FACTS OF THE CASE
Player:
Keira WALSH
Date of birth:
08 April 1997
Player passport:
- issued by the Football Association (FA) on 7 September 2022:
Year
2014/2015
Birthday
18
2015/2016
19
2016/2017
20
2017/2018
21
2018/2019
22
2019/2020
23
2019/2020
23
Club(s)
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Registration dates
01/06/2015 -30/06/2015
01/07/2015 -30/06/2016
01/07/2016 -30/06/2017
01/07/2017 -30/06/2018
01/07/2018 -30/06/2019
01/07/2019
07/02/2020
07/02/2020 -30/06/2020
- issued by the Football Association (FA) on 21 October 2022:
Year
2013/2014
Birthday
17
Club(s)
Blackburn Rovers FC
Registration dates
20/02/2014 -30/06/2014
2014/2015
18
01/06/2015 -30/06/2015
2015/2016
19
2016/2017
20
2017/2018
21
2018/2019
22
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
Manchester City
Woman FC
01/07/2015 -30/06/2016
01/07/2016 -30/06/2017
01/07/2017 -30/06/2018
01/07/2018 -30/06/2019
Page 3 of 13
REF TMS 14700
2019/2020
23
2019/2020
23
Date of transfer:
Manchester City
Woman FC
Manchester City
Woman FC
01/07/2019
07/02/2020
07/02/2020 -30/06/2020
07 September 2022, from Manchester City Women FC (England) to
F.C. Barcelona (Spain)
Conditions:
Fixed fee
-
Clause 7.3 of Transfer Agreement
EUR 400,000 net at the later of (i) thirty (30) days after MCWFC shall have
cancelled the MCWFC Playing Contract pursuant to clause or (ii) fifteen (15)
days after MCWFC shall have provided BUYING CLUB with the invoice
mentioned in this paragraph.
-
Conditional Fee
Clause 8 of Transfer Agreement
o
the Player makes an appearance in 50 official games for the BUYING
CLUB;
o
that the BUYING
whilst the Player is registered with the BUYING CLUB.
o
Player is nominated for (i) the three (3) final nominees of the Ballon
France Football (or any
successor or replacement thereof) or (ii) the three (3) final nominees
Player is registered with BUYING CLUB; and
o
Player wins (i) the
Football (or any successor or replacement thereof) or (ii) the Best
the Player is
registered with BUYING CLUB.
Claimant club:
Blackburn Rovers Women FC (England)
Respondent club:
F.C. Barcelona (Spain)
Page 4 of 13
REF TMS 14700
Claim and Response:
1.
On 8 October 2024, the Claimant requested the payment by the Respondent of a sum
corresponding to amount of 1.748% or subsidiarily in the amount of 0.18% (based on the
registration dates reflected on the Player Passport issued by the FA), over any compensation
agreed upon and/or paid to the Former Club or any future payments, such as, but not limited
to, bonus payments, buy option, sell-on clauses, or in the amount of 34.96% or subsidiarily in
the amount of 3.6%, over the total solidarity contribution, plus 5% p.a. interest as of the due
2.
In particular, the Claimant held that, to the contrary of the information contained in the
First player passport issued by the FA on 7 September 2022, it had actually educated and
trained the player from 2007 until 2014.
3.
In this respect the Claimant provided inter alia the following documentation:
- A second player passport issued by the FA on 21 October 2022, attesting the player was
registered with the Claimant from 20 February 2014 until 30 June 2014.
-Statement from Lancashire Association attesting the player was registered with the
Claimant from 01 July 2007 until 30 June 2014;
- Articles from the English FA website asserting that the player joined the Claimant in
2008 and being called up in 2010 for the U-15 national team when the player was already
playing for the club.
4.
On 21 October 2024, FIFA general secretariat provided the disclosure of the financial
conditions to the Claimant.
5.
On 28 October 2024, the Claimant provided its calculations according to the disclosure,
which are as follows:
the total amounts due to the Claimant, based on a 1.748% entitlement, are as follows:
Principal Amount (Clause 7.1): EUR 6,992.00
8.1 - 50 Matches Bonus: EUR 437.00
8.2 - Champions League Titles (2): EUR 874.00
6.
On 10 December 2024 the FIFA Administration invited the Respondent to provide its
answer.
7.
In its reply, the Respondent stated the following:
Page 5 of 13
REF TMS 14700
It highlighted that new club shall pay the solidarity contribution to the training club(s)
pursuant to the above provisions no later than 30 days after the player's registration or,
in case of contingent payments, 30 days after the date of such payments i.e. that after
30 days from the date of the Player's registration (7 September 2022), the Claimant had
a period of 2 years from 7 October 2022 to file a claim with FIFA and the two-year period
starts on 7 October 2022.
-It pointed out that the Claimant presented the claim regarding the solidarity
contribution of the Player on 8 October of 2024, i.e., 1 day after the expiry of the
statutory time limit for hearing the case, thus it argues that the claim is prescribed.
-Additionally, it emphasized its good faith conduct with the Claimant from the moment
it was first contacted.
registration and the Respondent understands that only the information set out in the
player passport should be valid for the purposes of solidarity contribution payment;
-The Respondent cited several quotes from the FIFA commentary on the RSTP whereby
its acknowledged that only the official player passport, as issued by the relevant member
association, will be considered by the DRC in the event of any dispute.
-It is understood by the Respondent that there is a contradiction between two player
passports issued by the FA. It further explains that, at the time of the registration in RFEF,
it was aware the player was never trained not played with the Claimant; On September
2022 when registering the player and closing the international transfer via TMS, the FA
submitted a player passport issued on 07/09/2022
where no
third club besides former club appears in the registration history.
-On 21 October 2022, a second player passport
was issued by
the FA, which Respondent had no knowledge of and no access to until October 2024,
where the Claimant appears registered from 20 February 2014 until 30 June 2014.
- It acknowledged having received two different player passports with inconsistent data,
and maintains that the First player passport issued by the FA should serve as the sole
basis for calculation
- The Respondent argued that even if the Claimant could prove it trained the player, no
payment should be due as this would contradict the principle of reliance. It further
submits that, having acted in good faith on the First Player Passport, no interest should
apply.
8.Invited to reply, the Claimant remained silent.
Page 6 of 13
REF TMS 14700
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): July 2022
edition
Procedural Rules Governing the Football Tribunal (Procedural Rules):
March 2023 edition
Decision:
1.
On 8 October 2024, the Claimant lodged a claim against Respondent for solidarity
contribution in connection with the transfer of the player from Manchester United
Women to the Respondent.
2.
The Claimant is requesting the payment of its portion of solidarity contribution, which it
considers to be equal to the amount of 1.748% or subsidiarily in the amount of 0.18%
(based on the registration dates reflected on the Player Passport issued by the FA).
3.
The Respondent agreed with the Former Club on the payment of the following
instalments:
Fixed Fee
-net sum of EUR 400,000 at the later of (i) thirty (30) days after MCWFC shall have
cancelled the MCWFC Playing Contract pursuant to clause or (ii) fifteen (15) days after
MCWFC shall have provided BUYING CLUB with the invoice mentioned in this
paragraph.
Conditional Fee
an appearance in 50 official games for the BUYING CLUB;
-
the BUYING
the BUYING CLUB.
France Football (or any successor or replacement thereof) or (ii) the three (3) final
registered with BUYING CLUB; and
-
the Player is registered with BUYING CLUB.
Page 7 of 13
REF TMS 14700
4.
The Respondent indicated that the claim submitted by the Claimant is prescribed as it
surpassed the statutory limit for hearing the case.
5.
In accordance with art. 2 par. 1 of Annexe 5 RSTP, the new club of a player shall pay the
registration or, in case of contingent payments, 30 days after the date of such payments.
6.
According to Clause 7.3 of the transfer agreement, the Respondent was obligated to
within 15 days of receipt of the corresponding invoice, whichever came first. The invoice
was issued on 08 September 2022, therefore the Respondent had 15 days to execute
the payment, i.e until 23 September 2022.
7.
In line with art. 2 par. 1 of Annexe 5 RSTP, the Respondent had 30 days to pay any
solidarity generated, by the payment of the above due sums to the training clubs, i.e.
until 23 October 2022. Said payment became overdue on 24 October 2022.
8.
As per art. 25 par. 5 RSTP FIFA shall not hear any case subject to the RSTP if more than
two years have elapsed since the event giving rise to the dispute. In casu, the event giving
rise to the dispute is the absence of payment by the Respondent of the solidarity
contribution due to the training club(s) of the player.
9.
As such, any claim with respect to the payment of solidarity contribution generated by
the transfer of the player to Respondent should have been lodged on or before 24
October 2024.
10.
The claim of the Claimant was lodged on 8 October 2024.
11.
Consequently, the claim of the Claimant is admissible.
12.
In Addition, the Claimant relies on the documentation listed in point I.2 and 3. above in
order to justify that it had the player effectively registered between his 10th until half of
his 15th birthday season, that is to say as from 1 July 2007 until 30 June 2014. In other
words, the Claimant argues that the registration period as provided in the player
passport issued by the FA is not correct.
13.
The Respondent states that the player passport is the only indication to establish the
information set out in the player passport should be valid for the purposes of solidarity
contribution payment. Having received two different player passports with different
data and the Respondent believes that the sole player passport should be used as the
basis of calculation is the First player passport issued by the FA on 7 September 2022.
Page 8 of 13
REF TMS 14700
14.
15.
It is added by the Respondent that even if the Claimant would be able to prove that it in
fact trained the player, it should not be liable to pay as it would go against the legal
principle of reliance.
legal principle of reliance is hereby rejected. The 5% solidarity contribution was withheld
by the Respondent to be distributed among all training clubs, and in this case, it does
not overlap with the registration periods of any other clubs.
16.
As such, the central issue in the matter at stake is to determine the effective period of
registration of the player with the Claimant in order to calculate the relevant solidarity
contribution due in connection with the transfer of reference.
17.
Art. 2 par. 2 of Annexe 5 of the RSTP provides that it is the responsibility of the new club
to calculate the amount of the solidarity contribution and to distribute it in accordance
18.
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 contents.
19.
In casu, the First player passport, issued and uploaded in the relevant transfer instruction
on 7 September 2022, provided that the player was not registered with the Claimant, but
solely with the Former Club.
20.
As such, based on the aforementioned player passport, the Claimant would not be
entitled to solidarity contribution.
21.
However, there is a Second Player Passport issued by the FA approximately one month
later, where in addition to the period with Former Club displayed by the First Player
Passport, it provides that the player was registered also with the Claimant from 20
February 2014 until 30 June 2014. On the basis of such player passport, the Claimant
would be entitled to 3.59% as solidarity contribution for having trained and educated
the player during the calendar year of her 17th birthday.
22.
Bearing in mind all the above and despite the absence of the information contained in
the First the player passport, in line with the principle of burden of proof, the Claimant
provided conclusive evidence by means of a Second Player Passport issued by the FA,
demonstrating that the player has been registered with the Claimant as from 20
February 2014 until 30 June 2014.
23.
The additional period of registration requested by the Claimant and which is not covered
by the Second Player Passport is not to be considered by this chamber as in accordance
with art. 7 RSTP, only a player passport issued and confirmed by a member association
will be considered in case of a dispute, in casu, the second player passport.
Page 9 of 13
REF TMS 14700
24.
It is uncontested that the Respondent did not pay to Claimant its portion of the solidarity
contribution due to the Claimant generated by the fixed transfer fee amounting to EUR
400,000 and three conditional payments as follows:
- EUR 25,000 for the player appearance in 50 official games;
- EUR 25,000 for the
-
25.
Therefore, the total transfer compensation to be taken into account amounts to EUR
475,000.
26.
According to art. 21 and art. 1 par. 1 of Annexe 5 of the RSTP, 5% of the above due
transfer fee shall be deducted as solidarity contribution, that is to say EUR 23,750.
27.
Pursuant to the Second Player Passport issued by the FA on 21 October 2022, the
Claimant is entitled to receive 3.59% of the due solidarity contribution, corresponding
to:
i) 131 days from 20 February 2014 until 30 June 2014, during the calendar year of the
th
birthday;
28.
The Claimant is therefore entitled to 3.59% of EUR 23,750, i.e EUR 852.625 (eight
hundred and fifty-two Euros and 62.5 cents).
29.
In addition, the Claimant requested the payment of interests over the claimed amount
at a rate of 5% p.a. as of the due date.
30.
The Respondent rejects the application of interest considering it relied with good faith
on the First Player Passport issued by the FA where it displayed that no third club would
be entitled to solidarity contribution and therefore it was not aware it had any financial
obligations towards it up until the presentation of the claim.
31.
Considering that the above is confirmed with the documents uploaded in the transfer
instruction of the Player to Respondent, and considering that the latter only became
communication on the day this claim was filed,
request not to be imposed late payment interest is acceptable, in casu.
32.
and the presentation of a new player
passport of which the Respondent was not aware when registering the player, 5%
interest p.a is to be applied starting from the date of issuance of the decision in the
present matter.
Page 10 of 13
REF TMS 14700
33.
Procedural costs in the maximum amount of USD 25,000 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution (cf.
art. 18 par. 1 of the Procedural Rules).
34.
The Claimant requested being entitled to an amount lower than USD 49,999. Procedural
costs shall be set at the maximum amount of USD 5,000.
35.
The final costs of the proceedings in the amount of USD 2,500 are to be paid USD to FIFA
with reference to case no. TMS 14700:
a) The amount of USD 2,000 shall be paid by the Claimant;
b) The amount of USD 500 shall be paid by the Respondent;
Page 11 of 13
REF TMS 14700
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Blackburn Rovers Women FC, is partially accepted.
2.
The Respondent, F.C Barcelona, shall pay to Claimant EUR 852.625 as solidarity contribution, as
follows:
a) On the amount of EUR 718 plus 5% interest p.a as from 7 July 2025 until the date of effective
payment;
b) On the amount of EUR 44.875 plus 5% interest as from 7 July 2025 until the date of effective
payment;
c)
On the amount of EUR 44.875 plus 5% interest as from 7 July 2025 until the date of effective
payment;
d) On the amount of EUR 44.875 plus 5% interest as from 7 July 2025 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.
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 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.
5. The consequences shall only be enforced at the request of the Claimant in accordance with
article 24 paragraphs 7 and 8 of the Regulations on the Status and Transfer of Players.
6.
The final costs of the proceedings in the amount of USD 2,500 are to be paid by the Respondent to
FIFA with reference to case no. TMS 14700 (cf. note relating to the payment of the procedural costs
below), as follows:
a) The amount of USD 2,000 shall be paid by the Claimant;
b) The amount of USD 500 shall be paid by the Respondent.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Office
Page 12 of 13
REF TMS 14700
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
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
Page 13 of 13