F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – solidarity contribution/ contributo di solidarietà – (2020-2021) – fifa.com – atto non ufficiale – Decision 3 November 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 3 November 2020
regarding solidarity contribution in connection with the transfer of the player Cristian
Martinez from CD America de Cali (Colombia) to LDU Quito (Ecuador)
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
FK CRVENA ZVEZDA, Serbia
RESPONDENT:
LDU QUITO, Ecuador
I. FACTS OF THE CASE
Player: Cristian Martinez
Date of birth: 1 January 1988
Player passport: issued by the Football Association of Serbia on 23 July 2012
Season Birthday Club Registration Status
10/11 21st Claimant 16/02/11 – 30/06/11 Professional (loan from
SER Caxias do Sul)
11/12 22nd Claimant 01/07/11 – 30/06/12 Professional (loan from
SER Caxias do Sul)
12/13 23rd Claimant 01/07/12 – 23/07/12 Professional (loan from
SER Caxias do Sul)
Sporting season: 1 July to 30 June (Serbia)
(1) Temporary transfer
Date: 1 August 2018
Former club: CD America de Cali (Colombia)
New club: LDU Quito (Ecuador)
Terms: USD 200,000 payable by 1 August 2018
USD 100,000 payable on 31 October 2018
(2) Permanent transfer
Date: 23 July 2019
Former club: CD America de Cali (Colombia)
New club: LDU Quito (Ecuador)
Terms: USD 35,000 payable on 31 August 2019
USD 35,000 payable on 30 September 2019
Claimant club: FK Crvena Zvezda (Serbia)
Respondent club: LDU Quito (Ecuador)
Claim and Response:
1. On 22 July 2020, the Claimant requested the payment of 5% of the total solidarity contribution
generated by the aforementioned transactions plus 5% interest as of “the due dates”.
2. On 11 September 2020, the FIFA administration made a proposal to the parties to the settle the
matter suggesting that the Respondent should pay the Claimant the sum of USD 2’651.05
corresponding to 14.33% of the total solidarity contribution, plus 5% interests p.a. as from the
due dates.
3. The proposal was accepted by the Claimant.
4. On 28 September 2020, the Respondent rejected the proposal. Nevertheless, it did not provide
any reason for its rejection.
II. LEGAL CONSIDERATIONS
Applicable law: Regulations on the Status and Transfer of Players (RSTP): June 2018 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): June 2020 edition.
Jurisdiction: Yes, uncontested
Admissible: Yes, uncontested
Decision:
1. It is undisputed that the Claimant provided training and education to the player in the sense of
art. 21 and art. 2 par. 2 of Annexe 5 RSTP for:
(a) Most of the second part of the player’s 21st birthday season, as from 16 February 2011 until
30 June 2011;
(b) The entire season of the player’s 22nd birthday season, as from 1 July 2011 until 30 June
2012; and
(c) A few days at the beginning of the player’s 23rd birthday season, as from 1 July 2012 until
23 July 2012.
2. In view of the above, the Claimant should, in principle, be entitled to receive 14.33% of 5% of
any proportion of the compensation paid to his former club (solidarity contribution), as per
art. 21 RSTP and art. 1 of Annexe 5 RTSP, corresponding to:
(a) 3.70% of any solidarity contribution for the training and education provided during the 21st
birthday season;
(b) 10% of any solidarity contribution for the training and education provided during the 22nd
birthday season;
(c) 0.63% of any solidarity contribution for the training and education provided during the 23rd
birthday season.
3. It is also uncontested that the player was temporarily transferred from the Colombian club CD
America de Cali to the Respondent on 1 August 2018, against a transfer fee of USD 200,000
payable by 1 August 2018 and of USD 100,000 on 31 October 2018.
4. In addition, it is undisputed that the player was permanently transferred from the Colombian
club CD America de Cali to the Respondent on 23 July 2019, against a transfer fee of USD
35,000 payable on 31 August 2019 and of USD 35,000 payable on 30 September 2019.
5. Furthermore, it is uncontested that the Claimant did not receive any payment from the
Respondent concerning the solidarity contribution generated by the fees of the temporary
transfer and the permanent transfer of the player from the Colombian club CD America de Cali
to the Respondent.
6. Finally, the Respondent did not provide any reason for its refusal to pay solidarity contribution,
nor it did provide any evidence that it had paid any amount corresponding to solidarity
contribution to the Claimant.
7. In light of the above, it shall be established the Claimant is entitled to receive its share of solidarity
contribution in connection with the temporary and permanent registration of the player with
the Respondent.
8. The Claimant limited its claim to 5% of any solidarity contribution. In line with the legal principle
of non ultra petita, the Respondent shall be pay solidarity contribution in the amount of USD
925 to the Claimant, corresponding to:
(a) USD 500 as its share of solidarity contribution on the first instalment of the temporary
transfer fee that fell due to the Claimant on 31 August 2018;
(b) USD 250 as its share of solidarity contribution on the second instalment of the temporary
transfer fee that fell due to the Claimant on 30 November 2018;
(c) USD 87.50 as its share of solidarity contribution on the first instalment of the permanent
transfer fee that fell due to the Claimant on 29 September 2019;
(d) USD 87.50 as its share of solidarity contribution on the first instalment of the permanent
transfer fee that fell due to the Claimant on 30 October 2019.
9. Additionally, the Claimant shall be awarded 5% interest p.a. as follows:
(a) on the amount of USD 500 as from 1 September 2018 until the date of effective payment;
(b) on the amount of USD 250 as from 1 December 2018 until the date of effective payment;
(c) on the amount of USD 87.50 as from 30 September 2019 until the date of effective payment;
(d) on the amount of USD 87.50 as from 31 October 2019 until the date of effective payment.
10. No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
11. The relevant provisions set out in art. 24bis RSTP are applicable in this matter.
III. DECISION
1. The claim of the Claimant, FK Crvena Zvezda, is accepted.
2. The Respondent, LDU Quito, shall pay solidarity contribution to the Claimant as follows:
- USD 500 plus 5% interest p.a. as from 1 September 2018 until the date of effective
payment;
- USD 250 plus 5% interest p.a. as from 1 December 2018 until the date of effective
payment;
- USD 87.50 plus 5% interest p.a. as from 30 September 2019 until the date of effective
payment; and
- USD 87.50 plus 5% interest p.a. as from 31 October 2019 until the date of effective
payment;
3. The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
4. The Respondent shall provide evidence of full payment to psdfifa@fifa.org. If applicable, the
evidence shall be translated into an official FIFA language (English, French, German, Spanish).
5. If the due amount (including all applicable interest) is not paid by the Respondent within 45 days
as from notification of the bank account details, the following consequences shall apply:
1.
2.
The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods.
The ban will be lifted immediately, and prior to its complete serving, following confirmation
that the due amount (including all applicable interest) has been received by the Claimant.
3.
In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
6. No procedural costs are payable (cf. arts. 17 par. 1 and 18 par. 1 of the Rules Governing the
Procedure of the Players’ Status Committee and Dispute Resolution Chamber).
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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
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