Solidarity Contribution
Texto da decisão
REF TMS 12187
Decision of the
Dispute Resolution Chamber
passed on 20 May 2024
regarding solidarity contribution for the transfer of the player Sadiq UMAR
COMPOSITION:
Frans de Weger (The Netherlands), Chairperson
CLAIMANT:
Future of Africa Football Academy, Nigeria
RESPONDENT:
Real Sociedad de Fútbol SAD, Spain
INTERVENING PARTY:
U.D. Almería, Spain
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REF TMS 12187
I. FACTS OF THE CASE
Player:
Sadiq UMAR
Date of birth:
2 February 1997
Player passport:
issued by Nigeria Football Federation (NFF) on 14 July 2020:
Season
Club
Category
Registration dates
Status
Future of Africa
2009
Football
IV
01/01/2009
31/12/2009
Amateur
01/01/2010
31/12/2010
Amateur
01/01/2011
31/12/2011
Amateur
01/01/2012
31/12/2012
Amateur
01/01/2013
31/12/2013
Amateur
IV
01/01/2014
31/12/2014
Amateur
IV
01/01/2015
31/12/2015
Amateur
Academy
(Permanent)
Future of Africa
2010
Football
IV
Academy
(Permanent)
Future of Africa
2011
Football
IV
Academy
(Permanent)
Future of Africa
2012
Football
IV
Academy
(Permanent)
Future of Africa
2013
Football
IV
Academy
(Permanent)
Football College
2014
Abuja (Defunct)
(Permanent)
Football College
2015
Abuja (Defunct)
(Permanent)
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REF TMS 12187
Transfer:
1 September 2022: domestic transfer of the player Sadiq Umar from U.D. Almería SAD (Spain) to Real
Sociedad de Futbol SAD (Spain) as a professional against payment of transfer compensation
Financial conditions: Financial conditions (free translated from Spanish to English):
According to information provided by Spanish FA, Almeria and Real Sociedad agreed upon a
transfer compensation amounting to EUR 20,000,000.00 payable as follows:
Article 2.2 of the mentioned transfer agreement established the following conditional clauses:
Group 1 of conditional payments (payable up to a maximum of EUR 2,000,000.00)
a) The payment of EUR 500,000.00 every time that Real Sociedad qualifies to play in the group
stage of the UEFA CHAMPIONS LEAGUE, by any means (La Liga or Europa League), provided
that the PLAYER has remained federally registered with the CLUB until the end of the season
in which the event took place. In the event that the player has remained registered only for
part of the season that the event took place, Almeria shall be entitled to the proportional
part of the amount agreed upon according to the time during which the player has been
registered. The amount of the present variable will be EUR 1,000,000.00, plus the applicable
VAT, in case during the season of the qualification UEFA CHAMPIONS LEAGUE, the PLAYER
accumulates a minimum of 25 matches in the League competition having played as a
starting player and/or having been a substitute for a minimum of forty-five (45) minutes in
each match of the said competition. For the purposes of the computation of 25 matches,
the participation as a substitute for time inferior to 45 minutes will not be computed, nor
accumulated with minutes of other substitutions of less than 45 minutes.
b) EUR 250,000.00 every time that Real Sociedad qualifies to the UEFA Europa League group
stage, by any means (La Liga or Copa del Rey) provided that the PLAYER has remained
federally registered with the CLUB until the end of the season in which the event took place.
In the event that the player has remained registered only for part of the season that the
event took place, Almeria shall be entitled to the proportional part of the amount agreed
upon according to the time during which the player has been registered. The amount of the
present variable will be EUR 500,000.00, plus the applicable VAT, in case during the season
of the qualification UEFA Europa League, the PLAYER accumulates a minimum of 25
matches in the League competition having played as a starting player and/or having been a
substitute for a minimum of 45 minutes in each match of the said competition. For the
purposes of the computation of the 25 matches, the participation as a substitute for time
inferior to 45 minutes will not be computed, nor accumulated with minutes of other
substitutions of less than 45 minutes.
c)
EUR 250,000.00 for each block of 15 official goals and/or assist of the player with Real
Sociedad in any official competition. The calculation of goals and/or assists for the
calculation of this concept will start from zero after each block.
Group 2 of conditional payments (payable up to a maximum of EUR 3,000,000.00)
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REF TMS 12187
a) EUR 1,000,000.00 for the first time Real Sociedad qualifies to play in the UEFA Champions
League quarterfinals;
b) EUR 750,000.00 for the first time Real Sociedad wins the first division of the National League;
c)
EUR 750,000.00 for the first time the player is nominated for the top three finalists to the
Golden Ball award;
d) EUR 500,000.00 for the first that the player finishes the season as a top scorer in the first
division of the National League.
Article 2.3 of the mentioned transfer agreement established the following:
Sell-on fee: in case of any future transfer (temporary and/or definite) of the PLAYER's federative
and economic rights to a third club (including the transfer with option or option to buy, the joint
termination of the contract, the payment of the corresponding termination clause or any other
transaction constituting a transfer of the PLAYER's rights), Real Sociedad shall pay to UD
ALMERÍA the amount of the fifteen percent (15%) of the economic surplus that the REAL
SOCIETY is entitled or entitled to receive (including fixed and variable amounts, if applicable).
including the percentages of participation in a future transfer) for the transfer of the PLAYER to
a third party.
Claimant club:
Future of Africa Football Academy (Nigeria)
Respondent club: Real Sociedad de Fútbol SAD (Spain)
Intervening party: U.D. Almería SAD (Spain)
Claim and Response:
1.
On 19 January 2023, the Claimant lodged a claim against the Respondent requesting the
payment of solidarity contribution generated by domestic transfer of the player from
Almería SAD to the Respondent. The Claimant requested 30% of the applicable solidarity
contribution plus interest of 5% per annum from the due date until the date of effective
payment.
2.
On 31 January 2023 and after being informed by FIFA of the financial conditions of the
transfer of the player, the Claimant amended its claim and requested the payment of
solidarity contribution based on fixed transfer compensation paid by the Respondent
for the transfer of the player, in the amount of EUR 20,000,000.00.
3.
On 13 February 2023, the FIFA general secretariat presented a proposal to the parties.
The proposal was accepted by the Claimant and rejected by the Respondent.
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REF TMS 12187
4.
In its response, the Respondent contested the validity of the player passport submitted
by the Claimant and issued by the NFF and stated that the information available in this
player passport, in particular the registration period of the player with the club
FOOTBALL COLLEGE ABUJA, overlaps with the registration period of the player with the
Italian club LAVAGNESE 1919, as established in the player passport issued by the Italian
Football Federation (FIGC).
5.
The Respondent pointed out that the registration period of the player with the Claimant
as established by the Nigerian player passport is also inaccurate considering that the
former club of the player in Nigeria was FOOTBALL COLLEGE ABUJA and that the player
moved to Italy in 2013. The Respondent submitted several media articles to support its
argument.
6.
Furthermore, considering the particularity of the case and the uncertainty of the player
passport issued by the NFF, the Respondent requested to pay the amount of solidarity
contribution due to training clubs via FIFA Clearing House in order to guarantee that the
correct distribution to the training clubs that are entitled to solidarity contribution.
7.
On 27 March 2023, the former club of the player, U.D Almería, requested to intervene in
the present matter, considering that, according to the amendment to the domestic
transfer agreement signed between the Respondent and the former club, the latter
would be responsible for payment the amount of solidarity contribution due to the
an
.
8.
On 20 April 2023, the former club of the player was invited to provide its position to the
claim.
9.
On 10 May 2023, the former club submitted its comments to the claim and argued that
and contested the veracity of the referred document.
10.
Additionally, the former club submitted an Amendment to the domestic transfer
agreement, according to which the former club undertook the responsibility for paying
solidarity contribution to the training clubs on behalf of the Respondent.
11.
Furthermore, the former club acknowledged the amount of EUR 20,000,000 agreed
between the parties for the domestic transfer of the player.
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REF TMS 12187
12.
In order to support its allegations regarding the inaccuracy of the player's passport, the
former club referred to the FIFA disciplinary proceeding FDD-8068, in which the club
Spezia Calcio SRL was investigated due to its involvement in the international transfer of
minor players, including the player Umar Sadiq.
13.
The former club provided several documents such as reports from the Italian police and
the player passport issued by the Italian MA to demonstrate that the player entered Italy
on 30 September 2013 and therefore could never be registered with the Claimant from
1 January 2009 until 31 December 2013 and with club Football College Abuja from 1
January 2014 until 31 December 2015.
14.
The former club highlighted that the club
during the years of 2012 and 2013 and before his departure to Italy- the Player was not registered with the Claimant, but with
15.
Furthermore, the former club stated that other Nigerian clubs reached out to the
Respondent confirming that the player passport issued by the NFF is inaccurate and that
the correct training clubs are not included in the player passport.
16.
The former club referred to CAS jurisprudence to point out that whenever an error on
the player passport is identified, it should be rectified by the respective Federation as
soon as possible. In this respect, considering that the NFF did not provide any rectified
and accurate version of the player passport, it is impossible to assert the correct date in
which the player was registered with the Claimant.
17.
Considering the above, the former club affirmed that it should not be liable for the
payment of any solidarity contribution to the Claimant or any Nigerian club while the
NFF does not present an updated and correct version of the player passport.
18.
Finally, the former club referred to the CAS jurisprudence to argue that, with respect to
a bilateral agreement, the parties are free to agree on a shift of the burden of payment
of solidarity contribution and, in the present case (i) the financial burden to pay Solidarity
Contribution in relation to the transfer of Player to all training clubs has been legally shifted
to Almeria; (ii) Almeria has been categorically complying with this obligation without failure
till the present date, and most importantly; (iii) the Claimant is not owed any claimed amounts
due to the faulty and inaccurate Player Passport.
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19.
In its Replica, the Claimant stated that the Respondent recognized that the registration
period of the player with the Claimant is not affected by the overlapping period
established in the player passports issued by the NFF and FIGC.
20.
According to the Claimant, the Respondent did not provide any evidence to prove that
the player was registered with Football College Abuja between 2012 and 2013. In this
regard, the Claimant stated that (i) the report from the Italian Police reveals that the
Football College Abuja; and (ii) the club Football College Abuja is
defunct and disaffiliated and therefore the registration period of the player with this club
should be disregarded.
21.
Moreover, the Claimant argued that the statement from Mrs. Emenike has no
evidentiary weight considering that there is no information regarding the club that she
allegedly represents, no power of attorney that proves that Mrs. Emenike is authorized
to act on behalf of such club, and no mention regarding the registration period that is
inaccurate.
22.
to the present claim via Clearing House. In this regard, the Claimant pointed out that the
Clearing House Regulations foresee the payment and distribution of training rewards to
training clubs for transfer and registrations that occurred after 16 November 2022,
which does not apply to the matter at stake.
23.
Respondent regarding the liability to pay solidarity contribution, FIFA regulations clearly
state that the new club is responsible for the distribution of the solidarity contribution
to the training clubs and therefore the Respondent shall be liable to pay solidarity
contribution to the training clubs.
24.
The Claimant argued that the evidence provided by the former club, in particular the
report prepared by the Italian Police, does not contradict the fact that the Claimant
provided training and education to the player at least until 30 September 2023.
25.
The Claimant pointed out that the player passport issued by the FIGC is not relevant to
the present claim considering that the document does not show any overlapping period
between the registration period of the player with the Claimant and Italian clubs.
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26.
In its reply to the second round of submission, the Respondent affirmed that the
Respondent, only the registration periods contained in the Nigerian player passport.
27.
Moreover, the transfer agreement clearly established that the Respondent assumed the
payment of solidarity contribution in case the former club did not comply with it in due
time.
28.
The former club did not provide any comment to the second round of submission.
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):
November 2022 edition
Jurisdiction:
yes, uncontested.
Admissible:
yes, uncontested.
Decision:
1.
The Claimant is requesting the payment of solidarity contribution resulting from the
compensation paid for the domestic transfer of the player.
2.
According to the player passport issued by the NFF, the player was registered with the
Claimant between 01 January 2009 and 31 December 2013.
3.
The Respondent and the former club contested the claim of the Claimant arguing that
the player's passport issued by the NFF is
career record. According to them, the player was illegally transferred from Nigeria to
the object
of investigation by the Italian police and FIFA.
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4.
The report of the Italian Police submitted by the Respondent shows that the player
entered Italy on 30 September 2023 as part of a scheme for the illegal transfer of minor
players.
5.
Similarly, the decision passed by FIFA Disciplinary Committed (FDD-8068) also
6.
Moreover, the player passport issued by the FIGC showed the first registration of the
player in Italy on 20 February 2014 with the club Lavagnese 1919.
7.
In this matter, it seems that the registration period of the player with the Claimant does
not overlap with any other registration period provided by any other Federation.
8.
The former club provided evidence that the player moved to Italy on 30 September 2013
as part of an illegal scheme for transferring young players. On the other hand, the
Claimant did not present any additional evidence besides the player passport issued by
the NFF to support its allegations that the player was registered with the Claimant
between 30 September 2013 and 31 December 2013.
9.
It should be highlighted that the registration period claimed by the Claimant was not
distributed to any training club, which prevents solidarity contribution from being paid
twice for the same period.
10.
In light of the above, for the purpose of calculation of solidarity contribution, it is
considered that the player was registered with the Claimant between 1 January 2009 and
29 September 2013.
11.
It is undisputed that the Respondent did not pay the solidarity contribution related to
the first and second instalment of the fixed transfer fee, in the amount of EUR
12,000,000.
12.
At the time of the submission of the claim, only the first instalment was due. However,
in application of the procedural economy principle, it shall also be granted the solidarity
contribution regarding the second instalment that is already due.
13.
As established in point 10 above, it is considered that the player was registered with the
Claimant between 1 January 2009 and 29 September 2013. Consequently, the Claimant
is entitled to 27.45% of the total solidarity contribution due for the transfer of the player,
corresponding to: (i) 100% of 5% for the season year of the 12th birthday of the player;
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(ii) 100% of 5% for the season year of the 13 th birthday of the player; (iii) 100% of 5% for
the season year of the 14th birthday of the player; (iv) 100% of 5% for the season year of
the 15th birthday of the player; and (v) 74.52% of 10% corresponding to 272 days of the
th
14.
birthday.
The amount due to the training clubs in relation to the first and second instalment of the
fixed transfer fee paid by the Respondent is EUR 600,000.00, i.e. 5% of EUR 12,000,000.
15.
The Claimant is entitled to 27.45% of EUR 600,000.00, i.e. EUR 164,700.
16.
Even though the Claimant requested the application of 5% interest p.a. as of the due
dates of payment, this is not to be granted given the due diligence of the Respondent
and the former club in the present case.
17.
considering that the transfer of the player took place on 1 September 2022, i.e. before
the go-live of the FIFA Clearing House (16 November 2022).
18.
remit the relevant proportion(s) of the 5% solidarity contribution to training clubs, even
if the new club and the former club agreed otherwise in the relevant transfer agreement.
19.
As per the same jurisprudence and in line with the principle of procedural economy, the
DRC has rendered decisions in the past in which it would at the same time order the
former club, i.e. the Intervening party, to reimburse the same proportion(s) of the 5% of
fee.
20.
In view of the above, the claim of the Claimant is partially accepted, and the Respondent
shall pay the Claimant solidarity contribution of EUR 164,700.00.
21.
Furthermore, the Intervening party has to reimburse the sum of EUR 164,700.00 to the
Respondent.
22.
Art. 25 par. 2 of the Procedural Rules stipulates that costs in the maximum amount of
USD 25,000 are levied in connection with proceedings before the DRC of the Football
Tribunal relating to disputes regarding training compensation and the solidarity
mecha
the proceedings (art. 25 par. 5 of the Procedural Rules).
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23.
The amount claimed in the present dispute corresponds to an amount below USD
199,999. Therefore, procedural costs levied in this respect shall not exceed USD 20,000
(cf. art. 2 of Annexe 1 of the Procedural Rules).
24.
In consideration of the amount claimed, the costs of the proceedings are set at USD
5,000.
25.
In view of the outcome of the claim and the conduct of the parties, said costs shall be
paid by as follows: USD 2,500 by the Respondent and USD 2,500 by the Intervening party.
26.
Art. 24 of the RSTP applies.
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III.
DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Future of Africa Football Academy, is partially accepted.
2.
The Respondent, Real Sociedad de Fútbol SAD, shall pay the Claimant EUR 164,700.00
as solidarity contribution.
3.
Any further claims of the Claimant are rejected.
4.
Full payment shall be made to the bank account indicated in the enclosed Bank
Account Registration Form.
5.
The Intervening party, U.D. Almería SAD, shall reimburse the Respondent the sum of
EUR 164,700.00.
6.
The Respondent shall immediately inform the Intervening party of the bank account
to which the Intervening party must pay the due amount.
7.
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 or the Intervening party 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 is still not paid by the end of the of the
three entire and consecutive registration periods.
8. The consequences shall only be enforced at the request of the Claimant or the
Respondent in accordance with article 24 paragraphs 7 and 8 and article 25 of the
Regulations on the Status and Transfer of Players.
9. The final costs of the proceedings in the amount of USD 5,000 are to be paid to FIFA
reference to case no. TMS 12187 (cf. note relating to the payment of the procedural
costs below) as follows:
- The amount of USD 2,500 shall be paid by the Respondent; and
- The amount of USD 2,500 shall be paid by the Intervening party.
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For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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 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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