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 27 January 2021

Decision of the
Single Judge of the sub-committee of
the Dispute Resolution Chamber
passed on 27 January 2021
regarding solidarity contribution for the transfer of the player Gonzalo Nicolás
Martínez
BY:
Stefano Sartori (Italy), Single Judge of the sub-committee of the Dispute
Resolution Chamber
CLAIMANT:
CA Huracán, Argentina
RESPONDENT:
Al Nassr, Saudi Arabia
I. FACTS OF THE CASE
Player: Gonzalo Nicolás Martínez
Date of birth: 13 June 1993
Player passport: issued by the Asociación de Fútbol Argentino (“AFA”) on 5 September 2018
Season Club(s) Status Reg. dates
2009 Huracán Amateur 19.03.2009 - 31.12.2009
2010 Huracán Amateur 01.01.2010 - 31.12.2010
2011 Huracán Amateur 01.01.2011 - 30.06.2011
2011/2012 Huracán Amateur 01.07.2011 - 30.06.2012
2012/2013 Huracán Professional 01.07.2012 - 30.06.2013
2013/2014 Huracán Professional 01.07.2013 - 30.06.2014
2014/2015 Huracán Professional 01.07.2014 - 01.02.2015
2014/2015 River Plate Professional 02.02.2015 – 30.06.2015
2015/2016 River Plate Professional 01.07.2015 – 30.06.2016
2016/2017 River Plate Professional 01.07.2016 – 30.06.2017
2017/2018 River Plate Professional 01.07.2017 – 30.06.2018
2018/2019 River Plate Professional 01.07.2018 – 05.02.2019
Sporting season: 1 January to 31 December (young players in Argentina)
1 July to 30 June (older amateurs and professional players in Argentina)
Date of transfer: 7 September 2020, from Atlanta United FC (USA) to Al Nassr (Saudi Arabia)
Financial conditions: USD 16,000,000 payable as follows:
- USD 5,000,000 on 17 September 2020;
- USD 5,500,000 on 1 October 2021; and
- USD 5,500,000 on 1 October 2022.
Claimant club: CA Huracán (Argentina)
Respondent club: Al Nassr (Saudi Arabia)
Claim and Response:
1. On 22 September 2020, the Claimant lodged a claim for solidarity contribution against the
Respondent requesting payment of the solidarity contribution in connection with the transfer of
the player from Atlanta United FC to the Respondent. The Claimant requested 3% of the total
transfer fee, i.e. 60% of the solidarity contribution, plus interests.
2. On 10 November 2020, the FIFA administration submitted a proposal to the parties suggesting
that the Respondent should pay to the Claimant the sum of USD 159'525 as solidarity
contribution (63.81% of the solidarity contribution).
3. The Respondent rejected the calculation of the FIFA administration whilst recognizing the
entitlement of the Claimant to receive solidarity contribution.
4. In this respect, the Respondent sustained that the Claimant was entitled to receive 58.59% of
the solidarity contribution only, i.e. the amount of USD 146’506.85.
5. In its calculation, the Respondent had reduced the player’s 18th birthday season to 6 months
(overlapping season) and allocated to that season 5% of the solidarity contribution only, instead
of 10%.
6. Furthermore, the Respondent rejected the interest proposed by the FIFA administration.
7. Subsidiarily, the Respondent requested that 5% interest p.a. shall be applied as from 22
September 2020.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: August 2020 edition.
Procedural Rules: 2020 edition.
Jurisdiction: Yes, uncontested.
Admissible: Yes, uncontested.
Decision:
8. It remained undisputed that the Claimant is entitled to receive solidarity contribution from the
Respondent.
9. It is also undisputed that the player was registered with the Claimant as from 19 March 2009
until 1 February 2015.
10. In accordance with the player passport dated 5 September 2018, the season between the
player’s 18th birthday and his 19th birthday is an overlapping one.
11. When confronted with overlapping seasons, the well-established jurisprudence of the DRC
reduces the season during which a player is registered with a particular club to 6 months when
the player’s birthday is prior to 1 July and extend it to 18 months if such birthday falls after 1
July. The amount to be distributed as solidarity contribution per seasons remains the one set out
in art. 1 par. 1 of Annexe 5 of the RSTP, i.e. a proportion (if less than one year of registration)
of 5% of 5% of any compensation for the seasons of a player’s 12th -15th birthday and of 10%
of 5% of any compensation for the seasons of a player’s 16th -23rd.
12. In casu, the 2011 season overlaps with the 2011/2012 season. Given that the player was born
before 1 July, the 2011 season is to be reduced to a 6 months season going from 1 January
2011 to 30 June 2011. The amount to be distributed as solidarity contribution for the relevant
seasons is 10% as it corresponds to the season of the player’s 18th birthday.
13. In view of the above, the Claimant would be, in principle, entitled to receive USD 159'525 as
solidarity contribution, corresponding to 63.81 of the due solidarity contribution.
14. Nevertheless, and in accordance with the legal principle of non ultra petita, considering that the
Claimant limited its claim to 3% of the transfer fee, the latter is entitled to receive the sum of
USD 150,000 as solidarity contribution from the Respondent.
15. Taking into account the specific request of the Claimant, and in accordance with the wellestablished
jurisprudence of the DRC, the Claimant is entitled to receive interest at the rate of
5% p.a. on the amount of USD 150,000 as from 18 October 2020, i.e. as of the day after the
due date of the payment of the first instalment of the transfer fee, 30 days after the payment +
1 day, until the date of effective payment.
16. 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).
17. Art. 24 bis is applicable.
DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE
DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, CA Huracán, is accepted.
2. The Respondent, Al Nassr, shall pay to the Claimant:
- USD 150,000 as solidarity contribution, plus 5% interest per annum on that amount as
from 18 October 2020, 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
www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777
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