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2014 Football Transfer Dismissed English Appeal Procedure

Parties & Representatives

Appellant Representative: Juan de Dios Crespo Pérez
Respondent: Fluminense FC
Respondent Representative: Daniel Cravo Souza; Francisco Balbuena Dal Forno

Arbitrators

President: Marco Balmelli

Decision Information

Decision Date: January 22, 2015

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on January 22, 2015, in a dispute between Al Ittihad FC and Fluminense FC concerning solidarity contributions related to the transfer of a football player from Vasco da Gama to Al Ittihad. Fluminense, as a training club, claimed its share of the solidarity contribution, leading to a FIFA Dispute Resolution Chamber (DRC) decision in its favor, ordering Al Ittihad to pay EUR 102,535 plus interest. Al Ittihad appealed to CAS, arguing that Vasco da Gama was responsible for the payment under their transfer agreement. The CAS panel, led by a sole arbitrator, addressed several legal issues, including the suspension of proceedings, the inclusion of Vasco da Gama as a party, and the interpretation of contractual obligations. The panel ruled that Al Ittihad, as the new club, was responsible for calculating and distributing solidarity contributions, regardless of any agreements with Vasco da Gama. It emphasized that the maturity of transfer fee installments, not their actual payment, triggered the obligation to pay solidarity contributions. The panel upheld the FIFA DRC's decision, dismissing Al Ittihad's appeal and reinforcing the principle that new clubs must comply with FIFA regulations on solidarity payments. The case highlighted the importance of adhering to contractual and regulatory obligations in player transfers, with the arbitrator rejecting Al Ittihad's attempts to delay or shift liability. The ruling confirmed Fluminense's entitlement to the solidarity contribution and underscored the consequences of failing to engage in dispute resolution processes. Ultimately, the CAS decision affirmed the FIFA DRC's original ruling, requiring Al Ittihad to fulfill its financial obligations to Fluminense. The case serves as a precedent for enforcing solidarity contributions and clarifying the responsibilities of clubs in player transfers under FIFA regulations.

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