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 4 December 2020
Decision of the
Single Judge of the sub-committee of
The Dispute Resolution Chamber
passed on 4 December 2020
regarding solidarity contribution for the transfer of the player Ivan Santini
Johan van Gaalen (South Africa), Single Judge of the sub-committee of the Dispute Resolution Chamber
NK Inter Zapresic, Croatia
RSC Anderlecht, Belgium
I. FACTS OF THE CASE
Player: Ivan Santini
Date of birth: 21 May 1989
Player passport: issued by the Croatian Football Federation (“HNS”) on 17 April 2020
FC SV MIHOVIL
FC SV MIHOVIL
FC ZADAR S.D.D
NK Inter Zapresic
FC ZADAR S.D.D
*Remark: The player passport provided the following additional information as regards to the registration of the player with NK Inter Zapresic : “The registration was cancelled by the decision No. 2957/06 of the Committee for verification of registration of clubs and players of the Croatian Football Federation on 10 October 2006.”
Clarification of the HNS:
Upon being requested by FIFA to clarify to what extent the additional information provided in the
aforementioned player passport had any consequence on the registration of the player with the
Claimant, the HNS stated, inter alia, on 17 August and 22 October 2020 respectively, the following:
- the registration of the player with the Claimant was cancelled by the Decision of the Committee
for verification of registration of clubs and players of the HNS;
- the decision of 24 November 2006 remitted by the “Appeals Committee of the Executive Committee of HNS” confirmed the “the Decision of the Committee for Verification of the Clubs and Players Registrations, number: 2957/06 of 10.10.2006” by means of which “the registration of the player Santini with NK “Inter Zaprešić” was annulled”. The decision provided by the HNS is final and binding;
- the registration is therefore to be considered as if it had never occurred.
Sporting season: 1 July to 30 June (Croatia)
Date of transfer: 12 July 2018, SM Caen (France) to RSC Anderlecht (Belgium)
- EUR 2,000,000 as fixed transfer fee payable as follows:
EUR 750,000 on 31 July 2018
EUR 750,000 on 31 January 2019
EUR 500,000 on 31 July 2019
- EUR 500,000 as a maximum conditional transfer fee :
EUR 250,000 “if RSC Anderlecht qualifies for the UCL group stage”;
EUR 100,000 “if RSC Anderlecht qualifies for the UEL group stage”.
Claimant club: NK Inter Zapresic (Croatia)
Respondent club: RSC Anderlecht (Belgium)
Claim and Response:
1. On 22 July 2020, the Claimant requested the payment of 2.25% of the relevant transfer amount (fixed & conditional transfer fees, if any), as solidarity contribution resulting from the transfer of the player from the former club to the Respondent, plus 5% interests p.a. as of the due date.
2. The Claimant provided several official match reports in support of the allegation that the player was registered with the Claimant during the following matches of the Croatian second football league and of the Croatian cup:
“1. NK Inter Zapresic v. Pomorac on 08.09.2006 – Result 2:1 (0:1)
2. Solin v. NK Inter Zapresic on 16.09.2020 – Result: 3:1 (0:1)
3. Cakovec v. NK Inter Zapresic on 18.11.2020 – Result: 2:5 (2:3)
4. NK Dinamo v. NK Inter Zapresic on 21.11.2006 – Result: 2:1 (0:1)
5. NK Inter Zapresic v. Hrvatski Dragovoljac on 15.11.2006 – Result: 1:0 (0:0).“
3. On 4 November 2020, the FIFA administration notified the claim of the Claimant to the Respondent. Despite having been invited to provide its comment, the Respondent did not reply.
II. LEGAL CONSIDERATIONS
Applicable law: RSTP: June 2018 edition.
Procedural Rules: June 2020 edition.
4. In accordance with the documentation and information provided by the HNS, the registration of the player with the Claimant was cancelled and it is considered as if it had never occurred.
5. As a result, the player was never registered with the Claimant in the context of article 21 and Annexe 5 of the of the Regulations on the Status and Transfer of Players (RSTP) and the relevant provisions are not applicable.
6. The claim of the Claimant is Claimant is therefore rejected.
1. The claim of the Claimant, NK Inter Zapresic, is rejected.
2. 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).
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