CAS 2012/A/2929 Skeid Fotball v. Toulouse FC

CAS 2012/A/2929 Skeid Fotball v. Toulouse FC

The solidarity mechanism comes into play when two conditions are met, a player transfers to a foreign club during the course of his contract and a payment of a transfer compensation by the new club to the former club.

Any circumvention of the solidarity rules, intended to reduce or avoid the payment of compensation, should be dissuaded, since it contradicts the aim to promote more and better training of young football players. The requirements set out in the FIFA rules on solidarity, therefore, must be interpreted in ways that give effect to the solidarity mechanism and prevent any circumvention thereof.

The player’s market value is irrelevant for the purposes of solidarity contribution. The only relevant value is that actually attributed to the player by the parties to the transfer.

Facts/Procedure

The Player D. was registered with Skeid from 1994 to 2005. In the middle of the 2004-2005 football season, Skeid transferred the Player to Rosenborg. Rosenborg signed an employment contract with the Player. This contract was due to expire at the end of the 2006-2007 football season.

On 31 July 2007, Rosenborg transferred the Player to Bolton for a sum of EUR 475,000. After playing only a handful of matches, Toulouse contacted Bolton in order to explore the possibility of acquiring the Player through a transfer.

Bolton communicated to Toulouse that it was willing to transfer the Player D. to Toulouse. At the same time, Bolton expressed its interest in the player J., registered with Toulouse. After a series of Agreements, both Players were signed by Bolton and Toulouse.

In particular, on 23...

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