F.I.F.A. – Camera di Risoluzione delle Controversie (2012-2013) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2012-2013) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 17 May 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club D, from country P as Claimant against the club, Club S, from country R as Respondent regarding solidarity contribution in connection with the international transfer of the player C

F.I.F.A. - Camera di Risoluzione delle Controversie (2012-2013) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2012-2013) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 17 May 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club D, from country P as Claimant against the club, Club S, from country R as Respondent regarding solidarity contribution in connection with the international transfer of the player C I. Facts of the case 1. The country P Football Federation confirmed that the player, Player C, (hereinafter: the player), born in November 1983, was registered with its affiliated club, Club D (hereinafter: Claimant), as from 23 August 2006 until 17 September 2008. 2. The country P Football Federation confirmed that its sportive season runs from 1 July to 30 June of the following year. 3. The country R Football Federation confirmed that the player was registered with its affiliated club on 27 July 2010. 4. On 28 October 2010, the Claimant contacted FIFA asking for its proportion of the solidarity contribution in connection with the transfer of the player from Club L to Club S, (hereinafter: Respondent) in July 2010 for the alleged transfer amount of EUR 900,000. In this respect, the Claimant requests the amount of EUR 3,847.50 corresponding to 8.55% of the 5% solidarity contribution, plus interests at the rate of 5% p.a. as from August 2010 until the date of its payment. 5. On 15 November 2010, the Respondent informed FIFA that according to its calculation the Claimant is not entitled to solidarity contribution, since the player was registered with the said club only between his 24th and 25th birthday. Moreover, the Respondent provided a copy of the transfer agreement based on which it can be established the player was transferred for the amount of EUR 400,000. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 28 October 2010. Consequently, the DRC judge concluded that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber is applicable to the matter at hand (cf. art. 21 par. 2 and par. 3 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules, which states that the DRC judge shall examine its jurisdiction in light of art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2010). In accordance with art. 24 par. 1 and par. 2 lit. ii. in connection with art. 22 lit. d) of the Regulations on the Status and Transfer of Players, the DRC judge is competent to decide on the present matter relating to the solidarity mechanism between clubs belonging to different associations. 3. Furthermore, the DRC judge analysed which edition of the Regulations on the Status and Transfer of Players should be applicable as to the substance of the matter. In this respect, he referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2010) and, on the other hand, to the fact that the present claim was lodged on 28 October 2010 and that the player was registered with the Respondent on 27 July 2010. In view of the aforementioned, the DRC judge concluded that the 2009 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. In doing so, the DRC judge started by acknowledging the above-mentioned facts of the case as well as the documents contained in the file. 5. In this respect, the DRC judge noted that the Claimant claimed the payment of EUR 3,847.50 corresponding to 8.55% of the 5% solidarity contribution, plus interests at the rate of 5% p.a. as from August 2010 until the date of its payment. 6. In addition to the above, the DRC judge took into account that the Respondent deems that the Claimant is not entitled to solidarity contribution, since the player was registered with the said club only between his 24th and 25th birthday. Moreover, the Respondent provided a copy of the transfer agreement based on which it can be established the player was transferred for the amount of EUR 400,000. 7. Having established the above, the DRC judge referred to art. 21 of the Regulations in combination with art. 1 of Annexe 5 of the Regulations which stipulate that, if a professional moves during the course of a contract, 5% of any compensation, not including training compensation paid to his former club, shall be deducted from the total amount of this compensation and be distributed by the new club as a solidarity contribution to the club(s) involved in the training and education of the player in proportion of the number of years the player has been registered with the relevant club(s) between the seasons of his 12th and 23rd birthday. 8. In this respect, the DRC judge recalled that the country P Football Federation confirmed that the player, born in November 1983, was registered with the Claimant, as from 23 August 2006 until 17 September 2008. 9. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the DRC judge considered that the Claimant is, thus, entitled to receive solidarity contribution for the period as from 23 August 2006 until 30 June 2007, i.e. for 10 months during the season 2006/2007, the season of the player’s 23rd birthday. 10. In view of all of the above, the DRC judge did not uphold the position of the Respondent and decided that the Respondent is liable to pay the amount of EUR 1,666 to the Claimant as solidarity contribution in relation to the transfer of the player from Club D to the Respondent. 11. Furthermore, and taking into consideration both the claim of the Claimant as well as art. 2 par. 1 of Annexe 5 of the Regulations, the DRC judge decided that the Respondent has to pay interest at rate of 5% per year as from 27 August 2010 until the date of effective payment. 12. Lastly, the DRC judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC, including the DRC judge, relating to disputes regarding training compensation and the solidarity mechanism, costs in the maximum amount of currency of country H 5,000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings (cf. art. 18 par. 1 of the Procedural Rules). 13. In respect of the above, and taking into account that the claim of the Claimant has been partially accepted, the DRC judge concluded that the Respondent has to bear the costs of the current proceedings in front of FIFA. 14. According to Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. On that basis, the DRC judge held that the amount to be taken into consideration in the present proceedings is EUR 3,847.50 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 5,000 (cf. table in Annex A). 15. Considering that the case at hand did not compose any complex factual or legal issues and that it was adjudicated by the DRC judge and not by the DRC, the DRC judge determined the costs of the current proceedings to the amount of currency of country H 500. III. Decision of the DRC judge 1. The claim of the Claimant, Club D, country P, is partially accepted. 2. The Respondent, Club S, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 1,666 plus 5% interest p.a. on said amount as from 27 August 2010 until the date of effective payment. 3. If the aforementioned sum plus interest is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The final costs of the proceedings in the amount of currency of country H 500 are to be paid within 30 days as from the date of notification of the present decision, by the Respondent to FIFA to the following bank account with reference to case no.: 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ** Note relating to the motivated decision (legal remedy): According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS directly within 21 days of receipt of notification of this decision and shall contain all the elements in accordance with point 2 of the directives issued by the CAS, a copy of which we enclose hereto. Within another 10 days following the expiry of the time limit for filing the statement of appeal, the appellant shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point 4 of the directives). The full address and contact numbers of the CAS are the following: Court of Arbitration for Sport Avenue de Beaumont 2 1012 Lausanne Switzerland Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 e-mail: info@tas-cas.org www.tas-cas.org For the DRC judge: Jérôme Valcke Secretary General Enclosed: CAS directives