Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 13 June 2008,
in the following composition:
ALOULOU Slim (Tunisia), Chairman
MC GUIRE Mick (England), member
COLUCCI Michele (Italy), member
VIEIRA ROCHA Caio Cesar (Brazil), member
MAJAVU Zola (South Africa), member
on the claim presented by the club
A
as Claimant
against the club
R
as Respondent
regarding the solidarity contribution for the transfer of the player J
I.
Facts of the case
1.
According to an official confirmation issued by the B Football Confederation the
player, J (hereinafter: the player) was registered for the club, A (hereinafter: the
Claimant), from 23 August 1996 until 31 July 1999.
2.
In August 2006, the player was transferred from the club, F, to the club, R
(hereinafter: the Respondent) for a transfer compensation in the amount of USD
2,600,000.
3.
On 24 August 2006, the player was registered at the S Football Federation for its
affiliated club, the Respondent.
4.
On 28 November 2006, the Claimant lodged a claim at FIFA against the
Respondent requesting 22,6% of 5% of the compensation paid for the relevant
transfer of the player as solidarity contribution plus default interest at a rate of
5% as from the day on which the payment fell due.
5.
In its late position, the Respondent agreed to pay 22,59% of 5% of the transfer
compensation paid as solidarity contribution, corresponding to the amount of
USD 29,367, to the Claimant.
6.
Subsequently, the Claimant accepted the Respondent’s calculation of the
solidarity contribution.
7.
The relevant payment has not been made yet by the Respondent.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent
to deal with the case at hand. In this respect, it took note that the present
matter was submitted to FIFA on 28 November 2006. Consequently, the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (edition 2005; hereinafter: Procedural Rules) are applicable
to the matter at hand (cf. art. 18 par. 2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. (d) of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber is competent to decide on
the present litigation with an international dimension concerning the
distribution of the solidarity contribution claimed by the Claimant in connection
with the transfer of the professional player, J, during the course of a contract.
3.
Furthermore, and taking into consideration that the player was registered with
his new club on 24 August 2006, the Chamber analysed which regulations should
be applicable as to the substance of the matter. In this respect, it confirmed that
in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and
Solidarity contribution for the transfer of the player J
(Club A / Club R)
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Transfer of Players (edition 2008), and considering that the present claim was
lodged on 28 November 2006, the previous version of the regulations (edition
2005; hereinafter: Regulations) is applicable to the matter at hand as to the
substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The
members of the Chamber started by acknowledging that the Claimant claimed
22,6% of 5% of the transfer compensation in the amount of USD 2,600,000 paid
by the Respondent to F as solidarity contribution plus default interest at a rate of
5% as from the moment on which the payment fell due.
5.
In this regard, the Chamber took note that, in the meantime the Respondent had
agreed to pay 22,59% of 5% of the transfer compensation, corresponding to the
amount of USD 29,367, as solidarity contribution to the Claimant. Furthermore,
the Chamber noted that the Claimant had accepted this amount as being the
one due as solidarity contribution.
6.
As a result of the above, the Chamber concluded that with regard to the amount
payable as solidarity contribution an agreement had been reached between the
parties involved.
7.
However, the Chamber acknowledged that no payment had been made by the
Respondent despite its assurances that it would do so. Thus, and taking into
account the period of time the player was trained by the Claimant, the Chamber
decided that the Claimant is entitled to receive solidarity contribution in the
amount of USD 29,367 as agreed between the parties.
8.
Moreover, in view of the fact that the Claimant, according to its final statement,
accepted the calculation of the amount due as solidarity contribution made by
the Respondent, the Chamber established that the Claimant desisted from it its
principal claim including default interest a rate of 5% as from the day on which
the payment of the solidarity contribution had fallen due.
9.
In view of all of the above, the Chamber decided that the Respondent must pay
to the Claimant the agreed amount of USD 29,367 and, thus, the Claimant’s
claim is accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, A, is accepted.
2.
The Respondent, R, must pay the amount of USD 29,367 to the Claimant, A,
within 30 days as from the date of notification of this decision.
Solidarity contribution for the transfer of the player J
(Club A / Club R)
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3.
In the event that the above-mentioned amount is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned time limit and the present matter shall be submitted, upon
request, to FIFA’s Disciplinary Committee, so that the necessary disciplinary
sanctions may be imposed.
4.
The Claimant, A, is instructed to inform the Respondent, R, immediately and
directly of the account number to which the remittance is to be made and to
notify the Dispute Resolution Chamber of every payment received.
***
Note relating to the motivated decision (legal remedy):
According to art. 63 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the CAS,
a copy of which we enclose hereto. Within another 10 days following the expiry of the
time limit for filing the statement of appeal, the appellant shall file a brief stating the
facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the
directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
Solidarity contribution for the transfer of the player J
(Club A / Club R)
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