CAS 2012/A/2707 AS Nancy-Lorraine V. FC Dynamo Kyiv, Award of 12 October 2012
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2012/A/2707 AS Nancy-Lorraine v. FC Dynamo Kyiv, award of 12 October 2012 Panel: Mr José Juan Pintó Sala (Spain), President; Mr François Klein (France); Mr Michele Bernasconi (Switzerland) Football Transfer and solidarity contribution Limits in the power of review of CAS acting as appeal court Deduction of the amount corresponding to the solidarity mechanism from the transfer compensation Training compensation according to the FIFA RSTP Payment of the transfer price and additionally of the solidarity contribution based on contractual agreement between the two clubs 1. The CAS acting as appeal court cannot review and decide in the appeal proceedings on a claim on which the FIFA DRC, acting as a first instance body, did not decide because the competence to do so was ascribed and corresponds to the FIFA PSC. 2. In accordance with the FIFA RSTP, the amount corresponding to the solidarity mechanism shall be mandatorily deducted by the new club from the transfer compensation, not being the clubs entitled to derogate the aforementioned compulsory rule. Therefore, the parties were not permitted to determine that the amount of transfer compensation amounted to a sum net without deduction of the solidarity contribution, which made the FIFA DRC consider that Nancy already received from Dynamo the solidarity contribution relating to the relevant transfer of the Player. 3. According to article 21 FIFA RSTP, if a professional is transferred before the expiry of his contract, any club that has contributed to his education and training shall receive a proportion of the compensation paid to his previous club and (ii) pursuant to article 1 of Annex 5 of the FIFA RSTP, this compensation is quantified in 5% of any compensation, with the exception of training compensation, paid to the former club, this amount to be deducted from the total amount of this compensation and distributed by the new club as a solidarity contribution to the club(s) involved in the player’s his training and education over the years.
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