Solidarity Contribution
Texto da decisão
REF TMS 9378
Decision of the
Dispute Resolution Chamber
passed on 10 December 2021
regarding solidarity contribution for the transfer of the player Samson
Okikiola TIJANI
BY:
Johan Van Gaalen (South Africa)
CLAIMANT:
Damilola Taylor Football Academy, Nigeria
RESPONDENT:
FC Red Bull Salzburg, Austria
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REF TMS 9378
I. FACTS OF THE CASE
Player:
Samson Okikiola TIJANI
Date of birth:
17 May 2002
Player passport:
issued by the Nigeria Football Federation (NFF) & uploaded in the Transfer
Matching System (TMS) on 29 July 2020:
Season
Birthday
Club(s)
Registration dates
Status
2014
12th
01.01.14 – 31.12.14
2015
13th
2016
14th
2017
15th
2018
16th
2019
17th
2020
18th
Jokers Football
Academy
Damilola Taylor
Football Academy
Right Football
Academy
Collins Edwin
Football Club
Collins Edwin
Football Club
Collins Edwin
Football Club
Collins Edwin
Football Club
Amateur
(permanent)
Amateur
(permanent)
Amateur
(permanent)
Amateur
(permanent)
Amateur
(permanent)
Professional
(permanent)
Professional
(permanent)
01.01.15 – 31.12.15
01.01.06 – 31.12.16
01.01.17 – 31.12.17
01.01.18 – 31.12.18
01.01.19 – 31.12.19
01.01.20 – 27.07.20
Sporting season:
1 January to 31 December (Nigeria)
Date of transfer:
30 July 2020, Collins Edwin Sports Club (Nigeria) to FC Red Bull Salzburg
(Austria)
Financial conditions:
- Fixed transfer fee: EUR 350,000 payable “within 15 days of receipt of the
Player’s [ITC]”; and
- Sell-on fee: 10% of the Net Revenue, i.e. “transfer fee actually received by
[the Respondent] for the transfer of the Player to a third club or entity minus (i)
the amounts paid by [the Respondent] to [the former club] at the time of the
transfer to the third club or entity and (ii) minus owed or already paid Solidarity
Contribution and Training Compensation”.
Claimant club:
Damilola Taylor Football Academy, Nigeria
Respondent club:
FC Red Bull Salzburg, Austria
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REF TMS 9378
Claim and Response:
1.
On 9 and 16 November 2021, the Claimant lodged a claim against the Respondent for the
solidarity contribution in connection with the transfer of the player from Collins Edwin Sports
Club (former club) to the Respondent and requested the payment of a sum corresponding to
0.75% of 1) the transfer fee, which according to the Claimant corresponded to EUR 26,250,
and 2) the sell-on fee.
2.
In addition the Claimant requested 5% interest p.a. as from the due dates on the
aforementioned amounts.
3.
In particular, the Claimant held that, to the contrary of the information contained in the player
passport issued by the NFF on 29 July 2020, it had actually educated and trained the player
during two and a half years, that is to say as from 1 January 2015 until 17 July 2017, before his
registration with the former club on 18 July 2017.
4.
In this respect the Claimant provided inter alia the following documentation:
- a copy of the player’s license cards referring to his registration with the Claimant for the “COD
United/Sone Aluko - Ambassador’s U-15 Football Cup – October 2015” and for the “Henry
Ajomale U-15 Football Cup – 2016”;
- a copy of a “Sworn Affidavit of Consent”, issued and signed by the player’s father on 18 July
2017 and indicating inter alia that he gave his “consent to Chief (…), President of [the former
club] (…) to develop and promote my son [the player] in his education and football career to his
full potentials both domestic and international level”;
- a copy of a letter issued and signed by the Claimant on 2 July 2020 and addressed to the
“Lagos State Football Association” by means of which the former requested the latter inter alia
for “an International Player Passport to claim solidarity compensation to cover the period he was
trained by our academy (…) from age 13 in 2015 for two and half years before he joined [the
former club] on 18th of July 2017”; and
- a copy of a letter issued and signed by the Claimant on 24 September 2020 and addressed to
the “Lagos State Football Association” by means of which the former requested the latter the
correction of the player passport issued by the NFF on 29 July 2020 which did not reflect the
effective and complete registration period of the player with the Claimant, i.e. as from 1 January
2015 until 17 July 2017.
5.
On 17 November 2021, the FIFA administration notified the claim of the Claimant to the
Respondent.
6.
On 26 November 2021, the Respondent explained that according to its calculation based on the
relevant player passport, the Claimant was entitled to 0.25% of the fixed transfer, that is to say
to the amount of EUR 875 as solidarity contribution.
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REF TMS 9378
7.
In this respect, the Respondent referred to and provided an email correspondence held with the
Claimant as from 16 until 19 November 2021 regarding the Respondent’s intention to proceed
with the payment of the aforementioned amount of solidarity contribution to the Claimant.
8.
In particular, the Respondent explained that on 19 November 2021, the Claimant expressed its
will not to be paid the amount of EUR 875 but rather “to wait for a decision of the FIFA regarding
the player passport of [the player]”.
9.
Despite having been invited to do so, the NFF did not provide its clarifications to date on the
accuracy of its player passport issued on 29 July 2020.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2020 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): 2021 edition.
Jurisdiction:
yes, uncontested.
Admissible:
yes, uncontested.
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution which it considers
to be equal to 0.75% of the transfer fee of reference, i.e. in its opinion EUR 26,250, and on the
sell-on fee agreed between the former club and the Respondent, plus 5% interest p.a. as from
the due dates.
2.
In particular, the Claimant relies on the documentation listed in point I./.4. above in order to
justify that it had the player effectively registered between his 13th until half of his 15th birthday
season, that is to say as from 1 July 2015 until 17 July 2017. In other words, the Claimant argues
that the registration period as provided in the player passport issued by the NFF on 29 July 2020
is not correct.
3.
For its part, the Respondent explained that based on the relevant player passport, it was willing
to pay the amount of EUR 875 as solidarity contribution to the Claimant, corresponding to
0.25% of the transfer fee of reference, however to no avail given the latter’s refusal because of
the contested player passport.
4.
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.
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REF TMS 9378
5.
According to art. 1 par. 1 of Annexe 5 of the RSTP, if a professional moves during the course of
a contract, 5% of any compensation paid within the scope of this transfer, 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.
6.
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 with the
player’s career history as provided in the player passport.
7.
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.
8.
In casu, the player passport of relevance, issued and uploaded in the relevant transfer instruction
on 29 July 2020, provided that the player was registered with the Claimant during the entire
season of his 13th birthday, i.e. as from 1 January until 31 December 2015.
9.
As such, based on the aforementioned player passport, the Claimant would be in principle
entitled to 5% of the due solidarity contribution for having trained the player during the
complete season of his 13th birthday.
10.
However, the Claimant sustained that it had the player registered as well during his 14th and half
of his 15th birthday season, i.e. for the total period as from 1 January 2015 until 17 July 2017.
11.
Art. 13 par. 5 of the Procedural rules indicates that a party that asserts a fact has the burden of
proving it.
12.
According to the player’s license cards provided by the Claimant, the player participated in two
Under-15 football tournaments, respectively in 2015 and in 2016, while being registered with
the Claimant.
13.
In addition, from the information provided in the “Sworn Affidavit of Consent” issued on 18 July
2017, the player’s father gave his consent for his registration on the said date with the former
club, Collins Edwin Football Club.
14.
Furthermore, by means of its correspondences of 2 July and 24 September 2020, the Claimant
undisputedly held already at that point of time that 1) it had the player registered as from his
13th birthday season until his registration with the former club on 18 July 2017 and 2) the
information contained in the player passport issued by the NFF on 29 July 2020 was in its opinion
incorrect as regards to the relevant period of registration and should therefore be amended.
15.
In its reply to the claim, the Respondent only explained that it based its calculations on the player
passport of relevance and was willing to pay it EUR 875. As such, the aforementioned elements
listed in point I./4. above remained uncontested.
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REF TMS 9378
16.
Bearing all the above in mind, one can conclude that, to the contrary of the information
contained in the player passport of relevance and in line with the principle of the burden of
proof, the Claimant provided conclusive evidence in order to demonstrate that the player has
been uninterruptedly registered with the Claimant as from 1 January 2015 until 17 July 2017
before registering with the former club on 18 July 2017.
17.
Therefore, the period of time the player was registered with the Claimant ran as from 1 January
2015 until 17 July 2017, corresponding to the entire seasons of the player’s 13th and 14th
birthday and to 198 days of his 15th birthday season.
18.
It is uncontested that the Respondent did not pay to the Claimant its portion of the due solidarity
contribution generated by the transfer fee amounting to EUR 350,000.
19.
The Claimant argued that its share of solidarity should also apply on the sell-on fee concluded
between the Respondent and the former club. However the Claimant did not provide any
evidence in support of its request as to the sell-on fee being triggered and as such it failed to
meet its burden of proof on this point.
20.
Therefore, the total transfer compensation to be taken into account amounts to EUR 350,000.
21.
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 17,500.
22.
As established above, the Claimant is entitled to receive its portion of the due solidarity
contribution for the training and education provided to the player during the course of the
player’s 13th, 14th and 198 days of his 15th birthday season.
23.
As per art. 1 par. 1 of Annexe 5 of the RSTP, solidarity contribution for a player’s 13th to 15th
birthday season shall amount to 5% of the total solidarity contribution for each season.
24.
If a player is registered for less than a year this amount shall be calculated pro rata (cf. art. 1 par.
1 of Annexe 5 of the RSTP).
25.
Since the player was registered with the Claimant during the entire seasons of his 13th and 14th
birthday as well as for 198 days of the season of his 15th birthday, the Claimant is entitled to
receive 12.71 % of the due solidarity contribution, i.e. 10% for his 13th and 14th birthday seasons
(5% for each complete season) and 2.71% for his 15th birthday season.
26.
In view of the above, the Claimant is entitled to receive as solidarity contribution 12.71% of EUR
17,500, i.e. EUR 2,224.25.
27.
In addition, taking into account the request of the Claimant as well as the jurisprudence of the
DRC, the Claimant is entitled to receive 5% interest p.a. on the due amount due as of the 31st
day after it became due, i.e. as of 14 September 2020, until the date of effective payment.
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REF TMS 9378
28.
Consequently, the claim of the Claimant is partially accepted.
29.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for disputes
between clubs regarding the payment of solidarity contribution.
30.
The Claimant claimed the amount of EUR 26,250. From the Claimant’s submissions, its appears
that the latter mistakenly calculated its share of solidarity corresponding to 0.75% of EUR
3,500,000 instead of EUR 350,000 as correctly disclosed by the FIFA administration during the
current proceedings.
31.
Thus, the amount claimed by the Claimant corresponds to an amount lower than USD 49,999.
Therefore, procedural costs levied in this respect are fixed to a maximum of USD 5,000 (cf. art.
2 of Annexe 1 to the Procedural Rules.
32.
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.
33.
In view the specific circumstances of the case, procedural costs shall be set at USD 2,600.
34.
In view of the outcome of the claim, said costs shall be borne by the parties as follows:
a. The amount of USD 1,000 shall be paid by the Claimant;
b. The amount of USD 1,600 shall be paid by the Respondent.
35.
The provisions of art. 24bis of the RSTP apply in the matter at stake.
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REF TMS 9378
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Damilola Taylor Football Academy, is partially accepted.
2. The Respondent, FC Red Bull Salzburg, has to pay to the Claimant:
- EUR 2,224.25 as solidarity contribution plus 5% interest p.a. as from 14 September 2020
until the date of effective payment.
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 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.
6. The consequences shall only be enforced at the request of the Claimant in accordance with
article 24bis of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 2,600 are to be paid by the parties to FIFA
with reference to case no. TMS 9378 (cf. note relating to the payment of the procedural costs
below), as follows:
a. The amount of USD 1,000 shall be paid by the Claimant;
b. The amount of USD 1,600 shall be paid by the Respondent.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 9378
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 57 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 paragraph 2 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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