Solidarity Contribution (TMS claims)
Texto da decisão
REF TMS 14299
Fl FA
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 29 August 2025
regarding solidarity contribution for the transfer of the player
Attila Arpad SZALAI
BY:
Ms. Livia Silva Kagi (Brazil & Switzerland) Deputy Chairwoman
of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
SK Rapid, Austria
RESPONDENT:
FENERBAHCE A.S., Turkiye
Page 2 of 11
REF TMS 14299
I.
Fl FA
FACTS OF THE CASE
Player:
Attila Arpad SZALAI
Date of birth:
20 January 1998
Player passport:
- issued by the Osterreichischer Fussball-Bund (OFB):
Year
Birthday
Clubs
Registration dates
2012 - 2013
14th - 45h
SK Rapid
07/03/12 - 31/12/13
2014 - 2017
16th 79th
SK Rapid
01/01/14 - 30/07/17
Date of transfer:
24 January 2021
from APOLLON
LIMASSOL (Cyprus) to
FENERBAHCE A:S. (Turkiye)
Financial conditions
e EUR 1,100,000.00 due on 18 January 2021;
e EUR 1,100,000.00 due on 25July 2021; and
e 12.5% sell-on over the profit due 30 days after receipt of payment
o
Player went from Respondent to TSG Hoffenheim on 1 August 2023 for:
=
EUR 8,300,000.00 due on 15 August 2023;
»
EUR 4,000,000.00 due on 15 August 2024; and
#
12.5% sell-on over the profit due 30 days after receipt of payment.
Claimant club:
SK Rapid (Austria)
Respondent club:
FENERBAHCE A:S. (Turkiye)
Claim and Response:
1.
On5June 2024, the Claimant requested 44.4% of the total solidarity contribution,
or 2.23% of the transfer fee, plus 5% interest p.a. as of the due date until the date
of effective payment.
Page 3 of 11
REF TMS 14299
2.
Fl FA
Aware of the financial disclosure, the Claimant stated that with the move of the
player from the Respondent to TSG Hoffenheim, the following sell-on became
due to the former club:
a.
Out of the EUR 8,300,000.00 paid by TSG Hoffenheim to the Respondent
on 15 August 2023:
i.
The Respondent would have had a profit of EUR 6,100,000.00 by
subtracting
from
the
abovementioned
amount
the
EUR 2,200,000.00 previously paid to the former club as fixed fee;
and
ii,
By applying 12.5% sell-on over it, the additional
payment of
EUR 762,500.00 would have been made to the former club on 14
September 2023;
b. Out of the EUR 4,000,000.00 paid by TSG Hoffenheim to the Respondent
on 15 August 2024:
i.
The Respondent would have had a profit of EUR 4,000,000.00; and
ii,
By applying 12.5% sell-on over it, the additional
payment of
EUR 500,000.00 would have been made to the former club on 14
September 2024.
The
Respondent replied that it celebrated
an
agreement with
both TSG
Hoffenheim and the former club so that the sell-on would be paid directly
between the two, without the participation of the Respondent.
Moreover, it agreed that the actual sell-on over the profit should be calculated
after the deduction
of solidarity contribution, which would
result in TSG
Hoffenheim paying to the former club directly:
a.
Out of the EUR 8,300,000.00 due by TSG Hoffenheim to the Respondent
on 15 August 2023;
i.
The amount of EUR 7,885,000.00 would be payable after the
deduction of 5% solidarity contribution;
ii,
The Respondent would have had a profit of EUR 5,685,000.00 by
subtracting
from
the
abovementioned
amount
the
EUR
2,200,000.00 previously paid to the former club and
Page 4 of 11
REF TMS 14299
Fl FA
ili.
By applying 12.5% sell-on over it the additional payment EUR
710,625.00 would have been made by TSG Hoffenheim to the
former club on 14 September 2023.
b. Out of the EUR 4,000,000.00 paid by TSG Hoffenheim to the Respondent
on 15 August 2024:
i.
The amount of EUR 3,800,000.00 after deduction of 5% solidarity
contribution;
li,
The Respondent would have had a profit of EUR 3,800,000.00; and
iii;
By applying 12.5% sell-on over it the additional
payment of
EUR 475,000.00 would have been made by TSG Hoffenheim to the
former club on 14 September 2024.
Additionally, the Respondent stated that the abovementioned sell-on amount of
EUR 1,185,625.00 would have been settled between TSG Hoffenheim and the
former club as follows:
a.
EUR 800,059.75 due on 15 August 2023; and
b.
EUR 385,565.25 due on 15 August 2024.
The agreements between Respondent, former club and TSG Hoffenheim were
provided as evidence.
In conclusion, the Respondent requested the Claimant's claim to be rejected.
The Claimant replied that RSTP determines being the responsibility of the new
club, i.e. the Respondent, the distribution of solidarity contribution, and not of a
third party as TSG Hoffenheim.
In addition, it agrees with the Respondent's calculation that the sell-on over the
profit should have deducted the 5% of solidarity contribution due by TSG
Hoffenheim to the Respondent, so the sell-on to which the former club would be
entitled would be of EUR 1,185,625.00.
10.
The Claimant states being entitled to receive 2.23% of it, i.e. EUR 26,439.44 plus
5% interest p.a. as from the due dates of payment.
11.
The Respondent repeated its arguments in final allegations.
Page 5 of 11
REF TMS 14299
Fl FA
Il. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): 2021
edition
Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (Procedural Rules): 2023
edition
Jurisdiction:
Yes, uncontested
Decision:
1.
Itis undisputed that the Claimant did not receive its solidarity contribution over
the sell-on clause.
2.
However, the Respondent fights its responsibility to pay solidarity contribution
over the sell-on agreed with the former club, as it alleges this conditional
payment was fulfilled by TSG Hoffenheim directly to the former club.
3.
In this sense, the Single Judge analysed the Respondent's argument that this
case would be similar to CAS 2019/A/6196.
4.
On CAS 2019/A/6196, it was determined that:
46. Flamengo (in the Claimant's position) is not entitled to receive a new
share of solidarity contribution over the amount paid by Beijing (in TSG
Hoffenheim’s position), on behalf of Corinthians (in the Respondent's
position), to Leverkusen (in the former club's position), because this share
was included in the solidarity contribution Flamengo received from Beijing. In
this specific case, accepting Flamengo’s claim would result in bis in idem.
(...)
51. In the case at hand, the total amount negotiated for the Player's transfer
was EUR 8,000,000, thus this is the calculation basis of the solidarity
contribution. It is
a sum of two steps: (a) a EUR 5,000,000 payment to
Page 6 of 11
REF TMS 14299
Fl FA
Corinthians (then the Player's current club) and (b) a EUR 3,000,000 payment
to Leverkusen (...)
52. It is true that these payments could have been made in two different
transactions: a first transaction of EUR 8,000,000 from Beijing to Corinthians
and a second transaction from Corinthians to Leverkusen, splitting EUR
3,000,000 of the EUR 8,000,000 to Leverkusen. It is also true that the clubs
agreed that Beijing would pay EUR 3,000,000 straight to Leverkusen for
practical and convenience reasons only.
(...)
60. The EUR 8,000,000 transfer fee amount encompasses both the fee paid to
Corinthians and the sell-on fee paid to Leverkusen. Thus, when Beijing paid
to Flamengo the solidarity contribution in connection with the EUR
8,000,000 compensation, the sell-on fee was taken into account”
5. Art. 13, par. 5 Procedural Rules determine that a party that asserts a fact has
the burden of proving it.
6. The Single Judge emphasizes that the Respondent did not provide any evidence
that TSG Hoffenheim would have paid to the Claimant solidarity contribution
over the sell-on it allegedly paid the former club directly on behalf of the
Respondent.
7.
Moreover, the transfer of the player from the Respondent to TSG Hoffenheim
occurred after the FIFA Clearing House Regulations came into force, resulting in
the generation of EPP-27393.
8. Within EPP-27393, TSG Hoffenheim was exclusively determined to pay solidarity
contribution over the amounts it directly paid the Respondent and not the sellon it paid on the latter’s behalf to the former club.
9. The Single Judge concluded the present case does not repeat CAS 2019/A/6196.
10.Consequently,
and
in
accordance with art. 21
and annexe 5
RITSP, the
Respondent is the one responsible for paying solidarity contribution to the
Claimant over the sell-on activated for the benefit of the former club.
Page 7 of 11
REF TMS 14299
Fl FA
11.The Claimant held the player's registration 665 days between his 14" and 15"
birthdays, resulting in 0.44% solidarity contribution, and 1,307 days between his
16" and 19" birthdays, which results in the entitlement of 1.79%.
12.In light of the above, the Claimant is entitled to receive 2.23% of the transfer fee
as solidarity contribution.
13.In light of the evidence provided and amendment of payment dates and
conditions, the Claimant is entitled to receive:
a.
EUR 17,841.33 of solidarity contribution, i.e. 2.23% over the sell-on
payment of EUR 800,059.75 due on 15 August 2023; and
b.
EUR 8,598.10 of solidarity contribution, i.e. 2.23% over the sell-on of
EUR 385,565.25 due on 15 August 2024.
14.In accordance with the DRCjurisprudence, the Claimant requests to receive 5%
interest p.a. since when its solidarity contribution entitlement became due.
15.The Single Judge, in accordance with the DRC jurisprudence, accepts this
request.
16.In light of the above, the Claimant's claim is accepted, and the Respondent is to
pay EUR 26,439.43 as solidarity contribution as follows:
a.
b.
EUR 17,841.33 plus 5% interest p.a. as from 14 September 2023; and
EUR 8,598.10 plus 5% interest p.a. as from 14 September 2024 until the
date of effective payment.
17.According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable
for disputes between clubs regarding the payment of training rewards.
18.Thus, the amount corresponds to an amount lower than USD 49,999.00.
Therefore, procedural costs levied in this respect are fixed at USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules).
Page 8 of 11
REF TMS 14299
Fl FA
19.According to art. 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.
20.In view the specific circumstances of the case, procedural costs shall be set at
USD 5,000.00 and be paid by the Respondent.
Page 9 of 11
REF TMS 14299
Fl FA
Ill. DECISION
1.
The claim of the Claimant, SK Rapid, is accepted.
2.
The Respondent, FENERBAHCE A.S., has to pay to the Claimant the amount of
EUR 26,439.43 as solidarity contribution as follows:
a.
EUR 17,841.33 plus 5% interest p.a. as from 14 September 2023; and
b.
EUR 8,598.10 plus 5% interest p.a. as from 14 September 2024 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 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.
5. 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.
6. The final costs of the proceedings in the amount of USD 5,000.00 are to be paid by
the Respondent to FIFA reference to case no. TMS 14299 (cf. note relating to the
payment of the procedural costs below).
Emilio Garcia Silvero
Page 10 of 11
REF TMS 14299
Fl FA
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 - 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
Page 11 of 11