Solidarity Contribution
Texto da decisão
REF TMS 7607
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 27 August 2021
regarding solidarity contribution for the transfer of the player Jordan Veretout
BY:
Roy Vermeer (the Netherlands), Single Judge of the sub-committee of
the Dispute Resolution Chamber
CLAIMANT:
FC Nantes, France
RESPONDENT:
ROMA SPA, Italy
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REF TMS 7607
I. FACTS OF THE CASE
Player:
Jordan VERETOUT
Date of birth:
1 March 1993
Player passport:
issued by the Fédération Française de Football (“FFF”) on 14 January 2021
Season
2004-2005
2005-2006
2006-2007
2007-2008
2008-2009
2009-2010
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
2015-2016
Birthday
12th
13th
14th
15th
16th
17th
18th
19th
20th
21st
22nd
23rd
Sporting season:
1 July to 30 June (France)
Club
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
FC Nantes
Registration
01.07.2004-30.06.2005
01.07.2005-30.06.2006
01.07.2006-30.06.2007
01.07.2017-30.06.2008
01.07.2008-30.06.2009
01.07.2009-30.06.2010
01.07.2010-30.06.2011
01.07.2011-30.06.2012
01.07.2012-30.06.2013
01.07.2013-30.06.2014
01.07.2014-30.06.2015
01.07.2015-29.07.2015
Registration
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Permanent
Information of the Federazione Italiana Giuoco calcio (“FIGC”) (free translation):
- Date of transfer:
The FIGC confirmed that the Italian clubs ACF Fiorentina (“former club”) and
ROMA SPA (“Respondent”) agreed to the loan of the player with obligation to
purchase by way of a transfer agreement dated and executed on 19 July 2019.
- Financial conditions:
Loan: EUR 1,000,000 payable on the “1st Sporting Season”;
Permanent (“Purchase obligation”):
EUR 16,000,000 payable as follows:
- EUR 7,000,000 at the start of the 2020/2021 season;
- EUR 4,000,000 at the start of the 2021/2022 season;
- EUR 5,000,000 at the start of the 2022/2023 season.
In accordance with the loan agreement:
- the obligation to buy had been set-out in the loan agreement on 19 July
2019;
- the permanent transfer of the player was to be triggered when the
Respondent earned one point in the 2019/2020 Serie A Championship after 3
February 2020 having the player registered with it.
(in italian: “(…) la Società di destinazione ha l’obbligo di trasformare la cessione
temporanea di contratto in cessione definitiva al verificarsi delle seguenti
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REF TMS 7607
condizioni: (…) al raggiungimento del 1^ (primo) punto ottenuto dalla prima
squadra della AS Roma in gare di campionato serie A dopo la data del
03/02/2020 a condizione che il calciatore risulti ancora tesserato con la As Roma
alla data di maturazione della condizione”).
Bonus: EUR 1,000,000 “(…) qualora la As Roma ottenga il diritto a partecipare
alla Uefa Champions League da disputarsi nella stagione sportive successive a
quella considerate e solo a condizione che il calciatore, in tale stagione sportiva,
abbia almeno disputato n. 19 partite da 45’ ciascuna in gare del campionato
serie A. Tale premio potrà maturare in ognuna delle stagioni sportive in cui il
calciatore sarà tesserato a qualsiasi titolo per la As Roma. Il predetto premio
potrà maturare sino ad un massimo di due volte e, pertanto, fino ad un
ammontare Massimo di [EUR] 2.000.000,00 (…) durante il periodo di
tesseramento del giocatore con la As Roma (…).”
(free translation in English: “(…) if As Roma obtains the right to participate in
the Uefa Champions League to be played in the football season following the
one in question, and only on condition that the player, in that football season,
has played at least 19 matches of 45 minutes each in Serie A Championship
matches. This bonus may accrue in each of the football seasons in which the
player is registered with As Roma. The above bonus may accrue up to a
maximum of two times and, therefore, up to a maximum amount of [EUR]
2,000,000.00 (...) during the period of the player's membership with As Roma
(…)”).
- Player passport:
issued by the by the FIGC on 18 January 2021
Season
2017-2018
Birthday
25th
2018-2019
26th
2019-2020
27th
2019-2020
2020-2021
27th
28th
Claimant club:
FC Nantes (France)
Respondent club:
ROMA SPA (Italy)
Club
Fiorentina
S.P.A.
Fiorentina
S.P.A.
Fiorentina
S.P.A.
Roma SPA
A.S. Roma SPA
Registration
31.07.2017-30.06.2018
Registration
Permanent
01.07.2018-30.06.2019
Permanent
01.07.2019-19.07.2019
Permanent
20.07.2019-31.08.2020
01.09.2020-onwards
Loan
Permanent
Claim and Response:
1.
On 14 and 20 January 2021, the Claimant lodged a claim for solidarity contribution against the
Respondent requesting payment of the solidarity contribution in connection with the permanent
transfer of the player from ACF Fiorentina to the Respondent and requested the payment of a
sum corresponding to 4.54 % of the transfer fee. No interests requested.
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REF TMS 7607
2.
In particular, the Claimant referred to the August 2020 edition of the Regulations on the Status
and Transfer of Players (RSTP) according to which a training club is entitled to receive (a
proportion of) the 5% solidarity contribution when a professional player is transferred, either on
a definitive or loan basis, between clubs affiliated to the same association, provided that the
training club is affiliated to a different association.
3.
On 21 January 2021, the FIFA administration submitted a proposal to the parties suggesting that
the Respondent should pay the amount of EUR 317,765 to the Claimant as solidarity
contribution, corresponding to 90.79% of the solidarity contribution on the first instalment of
EUR 7,000,000 payable by the Respondent for the permanent transfer of the player from ACF
Fiorentina to the Respondent, plus 5% interest p.a. as of the due date.
4.
The proposal was accepted by the Claimant and rejected by the Respondent.
5.
On 1 February 2021, the Respondent made reference to the June 2020 edition of the RSTP and
stated that despite the loan was formally converted into a permanent transfer on 1 September
2020, the permanent transfer was agreed by way of a compulsory right granted to it in the
transfer agreement of 19 July 2019, i.e. prior to such regulations coming into force.
6.
In this respect, the Respondent recalled that the automatic exercise of the compulsory right was
conditioned to an event which it considered certain to occur. In this respect, the Respondent
referred to its financial report dated 31 December 2019 by means of which it had already
accounted for the transfer of the player as a permanent transfer as of end December 2019.
7.
The Respondent provided an extract of its “Relazione Finanziaria Semestriale Consolidata - Per il
semestre chiuso al 31 Dicembre 2019” (“Consolidated Half-Year Financial Report - For the six
months ended 31 December 2019”) which provided for a list of players, among which the player,
and referred, inter alia, to the latter’s employment contract with it listed as being valid until 30
June 2024 and to his full financial value to the Respondent.
8.
Since the solidarity mechanism had been extended to national transfers with an international
dimension that occurred as from 1 July 2020, the Respondent considered that the transfer did
not fall under said rule which did not exist nor could be foreseen at the time of the transfer
being agreed.
9.
Finally, the Respondent sustained that while concluding the transfer agreement with the former
club on 19 July 2019, the parties could not predict the impact of the June 2020 edition of the
RSTP which they would in such case have certainly assessed in said agreement. As such, the
Respondent requested the former club to be included in the current proceedings as intervening
party.
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REF TMS 7607
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): June 2019 edition.
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 requested the payment of the solidarity contribution on the national transfer of
the player to the Respondent on a permanent basis.
2.
The Respondent contested the entitlement of the Claimant to receive its proportion of the
solidarity contribution arguing the inapplicability of the provisions related to the payment of
solidarity contribution to national transfers in the matter at hand.
3.
The FIFA Circular nr. 1709 of 13 February 2020 indicates, inter alia, that the solidarity mechanism
has been extended to national transfers with an international dimension with effect as from 1
July 2020.
4.
The obligation to pay solidarity contribution on national transfers with an international
dimension was introduced with the June 2020 edition of the RSTP, which came into force on 1
July 2020.
5.
According to art. 26 par. 2 of the RSTP, solidarity contribution disputes “shall be assessed
according to the regulations that were in force when the contract at the centre of the dispute
was signed, or when the disputed facts arose”.
6.
The loan agreement was concluded on 19 July 2019 and indicated that the loan would become
permanent if the Respondent earned one point in the 2019/2020 Serie A Championship after 3
February 2020.
7.
It remained uncontested that, on an unknown date between 3 February 2020 and 30 June 2020,
the aforementioned condition was met and the option to permanently register the player with
the Respondent was triggered. It also remained uncontested that this occurred without further
intervention of the parties to the agreement.
8.
When the loan agreement was concluded, the FIFA Circular nr. 1709 was not yet issued and the
2019 edition of the RSTP was applicable. At that time no solidarity contribution was payable in
the context of national transfers.
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REF TMS 7607
9.
Applying the June 2020 edition to a transaction that was agreed between the parties one year
before and was triggered before its entering into force, when solidarity contribution was not yet
payable in the context of a national transfer, would go against the principle of legal certainty. It
would not be fair for the parties to be subjected to a provision that was not applicable at the
moment they discussed the possibility of the player’s loan to become permanent nor when the
loan became de facto permanent with the option having been activated.
10.
In addition, it has to be mentioned that the contract did not foresee for the parties to undertake
further discussions as to the permanent transfer of the player past the Respondent having
obtained one point in the 2019/2020 Serie A Championship after 3 February 2020.
11.
As a result of all of the aforementioned, the applicability of the provisions related to the payment
of solidarity contribution on national transfers that are included in the RSTP as of the entering
into force of the June 2020 edition has in casu to be rejected.
12.
The above reasoning remains in line with the wording of art. 26 par. 2 of the RSTP in accordance
with which the applicable edition of the RSTP to solidarity contribution disputes relies on when
the disputed fact arose or when the contract at the centre or the dispute was signed.
13.
Considering the inapplicability of the provision related to the payment of the solidarity
contribution on national transfers to the matter at stake, the claim of the Claimant is rejected.
14.
Art. 18 par. 1 of the Procedural Rules stipulates that costs in the maximum amount of CHF
25,000 are levied in connection with proceedings before the DRC relating to disputes regarding
training compensation and the solidarity mechanism. Costs are to be borne in consideration of
the parties’ degree of success in the proceedings. In special circumstances, the costs may be
assumed by FIFA.
15.
Taking into consideration the claimed amount in the matter at stake, procedural costs levied in
this respect shall not exceed CHF 8,000 (art. 1 of Annexe A of the Procedural Rules).
16.
The Claimant has to pay the amount of CHF 8,000 as procedural costs due to the fact that the
claim is rejected.
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REF TMS 7607
III. DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, FC Nantes, is rejected.
2.
The final costs of the proceedings in the amount of CHF 8,000 are to be paid by the by the
Claimant to FIFA with reference to case no. TMS 7607 (cf. note relating to the payment of the
procedural costs below).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 7607
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
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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