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 2 December 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 2 December 2020
regarding solidarity contribution in connection with the transfer of the player Andre
Felipe RIBEIRO DE SOUZA from Sporting CP (Portugal) to Sport Club do Recife (Brazil)
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the
Dispute Resolution Chamber
CLAIMANT:
AD CABOFRIENSE, Brazil
RESPONDENT:
SPORT CLUB DO RECIFE, Brazil
I. FACTS OF THE CASE
Player: Andre Felipe RIBEIRO DE SOUZA
Date of birth: 27 September 1990
Player passport: issued by the Confederação Brasileira De Futebol (CBF) on 21 August 2020
Season Birthday Club(s) Registration dates Status
2005 15th AD Cabofriense 15/04/05 – 31/12/05 Professional
2006 16th AD Cabofriense 01/01/06 – 31/12/06 Professional
2007 17th AD Cabofriense 01/01/07-31/12/07 Professional
2008 18th AD Cabofriense 01/01/08 – 21/07/08 Professional
Sporting season: 1 January to 31 December (Brazil)
Date of transfer: 9 February 2017, from Sporting CP (Portugal) to Sport Club do Recife (Brazil)
Conditions: Fixed transfer fee of EUR 1,200,000 payable as follows:
a. EUR 100,000 on 9 February 2017;
b. EUR 110,000 on 30 June 2017;
c. EUR 390,000 on 30 December 2017;
d. EUR 300,000 on 30 June 2018; and
e. EUR 300,000 on 30 December 2018.
Claimant club: AD Cabofriense (Brazil)
Respondent club: Sport Club do Recife (Brazil)
Claim and Response:
1. On 24 August 2020, the Claimant requested the payment of 29.2% of the solidarity contribution
on the transfer fee paid by the Respondent, plus 5% interest p.a. as of “the due until the date
of effective payment”.
2. The Claimant argued that the player was registered with it as from 15 April 2005 until 21 July
2008, that is to say for 1,194 days between the player’s 15th and 18th birthday seasons.
3. Irrelevant of the due dates of the instalments of the transfer fee as foreseen in the transfer
agreement, the Claimant alleged that it was of the knowledge that the Respondent failed to
respect the due dates of reference.
4. In fact, the Claimant assumed that the Respondent had been ordered to pay the unpaid
instalments of the transfer fee to Sporting CP in or around March 2020 via a decision rendered
by the Single Judge of the Players’ Status Committee (PSC). In this respect, the Claimant
requested the disclosure of this decision, in order to confirm the exact date upon which the said
instalments were actually paid by the Respondent to Sporting CP.
5. Therefore, the Claimant was of the opinion that because the Respondent had only been ordered
to pay Sporting CP the above transfer fee in or around March 2020, the payment of solidarity
contribution only fell due after the execution of the decision of the Single Judge of the PSC had
occurred and not as per the due dates foreseen in the transfer agreement, as per its
interpretation of art. 2 par. 1 of Annexe 5 RSTP.
6. On 29 September 2020, the FIFA administration submitted a proposal to the parties, informing
them that it was of the opinion that the Respondent should pay the amount of EUR 4’371 to
the Claimant, corresponding to 29.14% of the solidarity contribution due on the last instalment
of EUR 300,000 due on 31 December 2018.
7. The Claimant rejected the calculation made by the FIFA administration arguing that solidarity
contribution was payable on the entire transfer fee and not only on the last instalment.
8. The Respondent did not provide its position as to proposal of the FIFA administration nor as to
the claim of the Claimant.
II. LEGAL CONSIDERATIONS
Applicable law: Regulations on the Status and Transfer of Players (RSTP): 2016 edition.
Rules Governing the Procedures of the Players’ Status Committee and the
Dispute Resolution Chamber (Procedural Rules): June 2020 edition.
Jurisdiction: Yes, uncontested
Admissible: Partially
Decision:
1. The Claimant is requesting the payment of its portion of solidarity contribution on the transfer
fee due in connection with the transfer of the player.
2. It is undisputed that the player was transferred to the Respondent on 9 February 2017, in
exchange of a fixed transfer fee of EUR 1,200,000 payable as follows:
a. EUR 100,000 on 9 February 2017;
b. EUR 110,000 on 30 June 2017;
c. EUR 390,000 on 30 December 2017;
d. EUR 300,000 on 30 June 2018; and
e. EUR 300,000 on 30 December 2018.
3. In accordance with art. 2 par. 1 of Annexe 5 RSTP, solidarity contribution is to be paid to the
training club(s) of a player no later than 30 days after the player’s registration or, in case of
contingent payments, 30 days after the due date of such payments.
4. Any solidarity contribution due on the transfer of the player was therefore to be paid by the
Respondent to the training club(s) of the player as follows:
a. On the amount of EUR 100,000 by 11 March 2017;
b. On the amount of EUR 110,000 by 31 July 2017;
c. On the amount of EUR 390,000 by 30 January 2018;
d. On the amount EUR 300,000 by 30 July 2018; and
e. On the amount of EUR 300,000 by 29 January 2019.
5. As per art. 25 par. 5 RSTP FIFA shall not hear any case subject to the RSTP if more than two years
have elapsed since the event giving rise to the dispute. In casu, the event giving rise to the
dispute is the absence of payment by the Respondent of the solidarity contribution due to the
training club(s) of the players as per above and not the moment in which the Respondent
proceeded with the payment of the transfer fee.
6. The claim of the Claimant was lodged on 24 August 2020
7. The first instalment of the transfer fee was due by 9 February 2017, that is to say prior to the
player’s registration. Thus, solidarity contribution fell due 30 days after the player’s registration,
i.e. 11 March 2017, and fell overdue on 12 March 2017, i.e. the date of event giving rise to the
dispute. Any claim in relation to the first instalment shall have been lodged on or before 12
March 2019. As such, the claim of the Claimant in relation to the first installment is time-barred.
8. The second instalment was due by 30 June 2017, thus solidarity contribution was payable up
until 30 July 2017 and fell overdue on 31 July 2017. Any claim in relation to the second
instalment of the transfer fee should have been lodged on or before 31 July 2019. As a
consequence, the claim of the Claimant in relation to the second installment is time-barred.
9. The third instalment was due by 30 December 2017, thus solidarity contribution was payable up
until 29 January 2018 and fell overdue on 30 January 2018. Any claim in relation to the third
instalment of the transfer fee should have been lodged on or before 30 January 2020. As a
consequence, the claim of the Claimant in relation to the third installment is time-barred.
10. The fourth instalment was due by 30 June 2018, thus solidarity contribution was payable up
until 30 July 2018 and fell overdue on 31 July 2018. Any claim in relation to the fourth instalment
of the transfer fee should have been lodged on or before 31 July 2020. As a consequence, the
claim of the Claimant in relation to the fourth installment is time-barred.
11. Finally, the fifth instalment was due by 30 December 2018, therefore solidarity contribution was
payable up until 29 January 2019 and fell overdue on 30 January 2019. Therefore, the claim of
the Claimant in relation to the fifth instalment was lodged on time.
12. The Respondent did not contest the entitlement of the Claimant to receive solidarity
contribution.
13. It remained uncontested that the player was registered with the Claimant as follows:
a. As from 15 April until 31 December 2005, that is to say for 261 days of the season of
the player’s 15th birthday;
b. As from 1 January until 31 December 2006, that is to say for 365 days of the season
of the player’s 16th birthday;
c. As from 1 January until 31 December 2007, that is to say for 365 days of the season
of the player’s 17th birthday; and
d. As from 1 January until 21 July 2007, that is to say for 203 days of the season of the
player’s 18th birthday.
14. The player was registered for a total of 1,194 days with the Claimant.
15. It also uncontested that the Respondent did not pay to the Claimant its portion of the solidarity
contribution generated by the transfer of the player on the fifth instalment payable under the
transfer agreement amounted to EUR 300,000.
16. As per art. 21 and Annexe 5 RSTP 5% of EUR 300,000, i.e. EUR 15,000, was to be deducted by
the Respondent as solidarity contribution and distributed to the training club(s) of the player.
17. 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 seasons of his 15th, 16th, 17th and
18th birthdays.
18. According to art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the season of the player’s
15th birthday amount to 5% of the total solidarity contribution, and amounts to 10% of the
total solidarity contribution for each of the 16th, 17th and 18th birthday seasons.
19. If a player is registered for less than a year this amount is to be calculated pro rata basis (art. 1
par. 1 of Annexe 5 RSTP)
20. In this regard, the player was registered with the Claimant:
a. For 261 days of the season of the player’s 15th birthday. As such, the Claimant is
entitled to receive 3.58% of the due solidarity contribution, i.e. 3.58% of EUR 15,000
which amounts to EUR 537;
b. For the entire season of the player’s 16th birthday. As such, the Claimant is entitled to
receive 10% of the due solidarity contribution, i.e. 10% of EUR 15,000 which amounts
to EUR 1,500;
c. For the entire season of the player’s 17th birthday. As such, the Claimant is entitled to
receive 10% of the due solidarity contribution, i.e. 10% of EUR 15,000 which amounts
to EUR 1,500;
d. For 203 days of the season of the player’s 18th birthday. As such, the Claimant is
entitled to receive 5.56% of the due solidarity contribution, i.e. 5.56% of EUR 15,000
which amounts to EUR 834,
21. In view of the above, the Claimant is entitled to receive EUR 4,371 from the Respondent as
solidarity contribution.
22. As to the interests, taking into account the request of the Claimant as well as the jurisprudence
of the DRC, the Claimant is entitled to receive 5% interests per annum as from 30 January 2019,
i.e. as from the first day after the relevant payment became overdue, until the date of effective
payment.
23. Consequently, the claim of the Claimant is partially accepted insofar it is admissible.
24. No procedural costs are levied in accordance with art. 18 of the Procedural Rules.
25. The relevant provisions set out in art. 24bis RSTP are applicable to the present matter.
III. DECISION
1. The claim of the Claimant, AD Cabofriense, is partially accepted insofar it is admissible.
2. The Respondent, Sport Club do Recife, shall pay to the Claimant:
- EUR 4’371 as solidarity contribution, plus 5% interest per annum on that amount as from
30 January 2019, until the date of effective payment.
3. Any further claim of the Claimant is rejected.
4. The Claimant shall immediately inform the Respondent of the bank account to which the
Respondent must pay the due amount (including all applicable interest).
5. 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).
6. 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.
7. 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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