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 8 January 2021

Decision of the

Single Judge of the sub-committee of

the Dispute Resolution Chamber

passed on 8 January 2021

regarding solidarity contribution for the transfer of the player Junior Osmar Ignacio Alonso Mujica

BY:

Alexandra Gómez Bruinewoud (Uruguay), Single Judge of the sub-committee of the Dispute Resolution Chamber

CLAIMANT:

Cristobal Colon, Paraguay

RESPONDENT:

Atletico MG, Brazil

I. FACTS OF THE CASE

Player: Junior Osmar Ignacio Alonso Mujica

Date of birth: 9 February 1993

Player passport: issued by the Asociación Paraguaya de Futbol (“APF”)

Season

Club(s)

Registration dates

Status

2005

Cristobal Colon

01.01.2005-31.12.2005

Amateur

2006

Cristobal Colon

01.01.2006-31.12.2006

Amateur

2007

Cristobal Colon

01.01.2007-31.12.2007

Amateur

2008

Cristobal Colon

01.01.2008-31.12.2008

Amateur

2009

Cristobal Colon

01.01.2009-19.02.2009

Amateur

Sporting season: 1 January to 31 December (Paraguay)

Date of transfer: 21 July 2020, LOSC Lille (France) to Atletico MG (Brazil)

Financial conditions: EUR 3,000,000 payable as follows:

- EUR 1,000,000 on 1 August 2020

- EUR 500,000 on 28 February 2021;

- EUR 750,000 on 30 June 2021;

- EUT 750,000 on 20 December 2021.

In accordance with the agreement the amounts to be paid to LOSC Lille (“the former club”) were net amounts and “no deductions will be made by clube Atletico Mineiro and LOSC will receive 100% of the amount fixed into the Agreement. (…) Atletico Mineiro will be solely responsible of paying the FIFA Solidarity Contribution and the eventual Training Compensation provided by Article 20 and 21 and Annexe 4 and 5 of the FIFA Regulations on the Status and Transfer of Players (RSTP, 2020 Edition) to the Player’s training clubs. Accordingly, Clube Atletico Mineiro shall no deduct from the Transfer Compensation prior to payment to LOSC, the amount of Solidarity Contribution arising in respect thereof.”

Claimant club: Cristobal Colon, Paraguay

Respondent club: Atletico MG, Brazil

Claim and Response:

1. On 11 August 2020, the Claimant lodged a claim for solidarity contribution against the Respondent requesting payment of the solidarity contribution in connection with transfer of the player to the Respondent.

2. On 25 September 2020, the FIFA administration submitted a proposal to the parties suggesting that the Respondent should pay to the Claimant the sum of EUR 11,247.37 as solidarity contribution on the first instalment due as per the transfer agreement, plus 5% interest p.a. as from the due date.

3. The Claimant accepted the proposal.

4. The Respondent contested the proposal arguing that only the sum of EUR 10,691.78 was due to the Claimant as solidarity contribution on the first instalment of EUR 1,000,000.

II. LEGAL CONSIDERATIONS

Applicable law: RSTP: June 2020 edition.

Procedural Rules: June 2020 edition.

Jurisdiction: yes, uncontested.

Admissible: yes, uncontested.

Decision:

5. The Claimant requested the payment of solidarity contribution on the transfer of the player to the Respondent.

6. The Respondent contested the proposal of the FIFA administration but did not contest the entitlement of the Claimant to receive solidarity contribution.

7. It is undisputed that the player was registered with the Claimant as indicated in the player passport issued by the APF, i.e. between 01.01.2005 and 31.12.2008, corresponding to the entire season of the player’s 12th, 13th, 14th and 15th birthday, as well as 49 days during the season of the player’s 16th birthday.

8. It is also uncontested that the Respondent did not pay to the Claimant its portion of the solidarity contribution generated by the transfer of the player.

9. The transfer fee that was to be paid to the Respondent did not include solidarity contribution. Therefore, solidarity contribution is to be calculated in addition to the relevant transfer compensation.

10. As a result, 5% is to be added to the total amount of EUR 1,000,000. Consequently, the amount to be taken into account to calculate the solidarity contribution due to the Claimant is EUR 1,052,632, i.e. EUR 1,000,000 plus 5%.

11. The Claimant is entitled to receive its portion of the due solidarity contribution for the training and education provided to the player between his 12th and 16th birthday.

12. As per art. 1 par. 1 of Annexe 5 RSTP, solidarity contribution for the seasons of a player’s 12th, 13th, 14th and 15th birthday amounts to 5% of the total solidarity contribution, the one for the seasons of a player’s 16th birthday amounts to 10% of the total solidarity contribution.

13. If a player is registered for less than a year this amount is to be calculated on a pro rata basis (cfr. Art. 1 par. 1 of Annexe 5 to the RSTP).

14. Taking into account the time that the player was registered with the Claimant as established in point 7 above, the Claimant is entitled to receive 21.37% of the solidarity contribution due, i.e. 5% for the seasons of his 12th, 13th, 14th and 15th birthday as well as 1.37% for the season of his 16th birthday. In total the solidarity contribution due amounts to EUR 11,247.37.

15. As a result, the Claimant is entitled to receive from the Respondent the amount of EUR 11,247.37 as solidarity contribution.

16. Consequently the claim of the Claimant is accepted.

17. No procedural costs are levied as per art. 18 of the Procedural Rules.

18. Art. 24 bis RSTP is applicable.

DECISION OF THE SINGLE JUDGE OF THE SUB-COMMITTEE OF THE DISPUTE RESOLUTION CHAMBER

1. The claim of the Claimant, Cristobal Colon, is accepted.

2. The Respondent, Atletico MG, shall pay to the Claimant EUR 11,247.37 as solidarity contribution.

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:

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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland

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