SSC Napoli S.p.A. v. Real Betis Balompié SAD

At a glance

Parties

SSC Napoli S.p.A. (Italy) v. Real Betis Balompié S.A.D. (Spain)

Case no.

CAS 2021/A/8227

Forum and rules

Court of Arbitration for Sport, appeals procedure (Code of Sports-related Arbitration); appeal from FIFA DRC decision TMS 6508

Treaty

None. FIFA Regulations on the Status and Transfer of Players (June 2018), Article 21 and Annexe 5

Tribunal

Bernhard Welten (President), Mark Hovell, José Juan Pinto

Sector

Football transfer; solidarity contribution

Outcome

Appeal dismissed and FIFA DRC decision upheld (29 June 2023). The key findings were made by majority.

Amount

FIFA DRC award upheld: EUR 1,197,947.37 solidarity contribution plus 5% interest per annum from 13 August 2018. Real Betis had claimed EUR 1,275,000.

The dispute

Real Betis employed the Player, Mr A., under a contract valid until 30 June 2023. Article 5 of that contract, based on Article 16 of Spain's Real Decreto 1006/1985, set a buy-out indemnity of EUR 30,000,000. On 4 July 2018 Napoli deposited EUR 30,000,000 with La Liga in favour of Real Betis, and the Player was registered with Napoli on 13 July 2018. Real Betis then claimed its share of the solidarity contribution under Article 21 and Annexe 5 of the FIFA RSTP, paid on top of the buy-out fee. Napoli argued that the contribution was included in the EUR 30,000,000, because the buy-out clause did not say otherwise. In the alternative, Napoli argued that the amount should be reduced. The FIFA DRC awarded Real Betis EUR 1,197,947.37, and Napoli appealed to CAS.

Key holdings

1. The FIFA regulations apply primarily, and Swiss law applies subsidiarily. Real Betis argued that Spanish law and the Real Decreto took priority; the Panel rejected this, because the dispute concerns whether solidarity contribution was triggered under the FIFA RSTP. ¶¶ 54–55
2. The Player's move after the buy-out clause was triggered is a transfer under Article 21 and Annexe 5 of the RSTP. A "move" is read broadly, not limited to a typical transfer. All four elements of a transfer were present: the releasing club consented through Article 5, which acts as an offer; the new club consented; the Player consented; and a price was paid. ¶¶ 67–71
3. The EUR 30 million that Napoli paid to La Liga is compensation within the meaning of the solidarity mechanism. Both conditions for solidarity contribution were therefore met. ¶ 74
4. By majority, the solidarity contribution is payable on top of the buy-out fee. A buy-out is triggered only by unconditional payment of the full sum, with no deductions; a net payment of EUR 28,500,000 would not have triggered it. The majority relied on CAS 2015/A/4188 and the 2021 FIFA Commentary. It also noted that Napoli had paid Elche its share separately, which undermined Napoli's position. Napoli had not proved that Real Betis waived its share. ¶¶ 78–85
5. EUR 30,000,000 is treated as 95% of a gross transfer value of EUR 31,578,947. Using the Player's passport, Real Betis's share is 75.87% of the 5% contribution, which is EUR 1,197,947.37. This is the same figure the FIFA DRC reached. ¶¶ 87–92
6. Interest at 5% per annum runs from 13 August 2018, the day after the 30-day payment deadline that followed the Player's registration on 13 July 2018. The appeal is dismissed and the DRC decision is upheld. ¶ 93; operative part

Procedural history

1. 4 July 2018Napoli deposits EUR 30,000,000 with La Liga in favour of Real Betis. The Player is registered with Napoli on 13 July 2018.
2. 5 August 2020Real Betis files a claim with the FIFA Dispute Resolution Chamber for EUR 1,275,000 in solidarity contribution.
3. 11 March 2021FIFA DRC decision TMS 6508 awards Real Betis EUR 1,197,947.37 plus interest. The reasoned decision is notified on 23 July 2021.
4. 13 August 2021Napoli files its Statement of Appeal with CAS.
5. 27 September 2021The three-member Panel is constituted.
6. 29 March 2022Hearing held in Lausanne.
7. 29 June 2023Award: appeal dismissed, by majority on the key issues.

Tribunal, counsel and experts

Decided by

• Bernhard Welten President, CAS Panel — appointed by the institution
• Mark Andrew Hovell Co-arbitrator, CAS Panel — appointed by the claimant
• José Juan Pintó Co-arbitrator, CAS Panel — appointed by the respondent

For the claimant

Mattia Grassani · Luca Smacchia · Luigi Carlutti

For the respondent

Alphonso León · Alessandro Mosca · Victor Omnes

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Keywords

• solidarity contribution
• solidarity mechanism
• buy-out clause
• release clause
• FIFA RSTP Article 21
• Annexe 5 RSTP
• Real Decreto 1006/1985
• net transfer fee
• gross transfer value
• FIFA Dispute Resolution Chamber
• Napoli
• Real Betis
• Elche
• football transfer
• training compensation
• player passport
• waiver

Summary generated with AI from the published documents — refer to the award for the authoritative text.