F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 12 December 2013, in the following composition: Geoff Thompson (England), Chairman Johan van Gaalen (South Africa), member Eirik Monsen (Norway), member Theodore Giannikos (Greece), member Todd Durbin (USA), member on the claim presented by the club, P, from country F as Claimant against the club, S, from country C as Respondent regarding solidarity contribution in connection with the transfer of the player A

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 12 December 2013, in the following composition: Geoff Thompson (England), Chairman Johan van Gaalen (South Africa), member Eirik Monsen (Norway), member Theodore Giannikos (Greece), member Todd Durbin (USA), member on the claim presented by the club, P, from country F as Claimant against the club, S, from country C as Respondent regarding solidarity contribution in connection with the transfer of the player A I. Facts of the case 1. According to the player passport issued by the F Football Federation, the player, A (hereinafter: player), born on 24 March 1979, was registered with the country F club, P (hereinafter: Claimant) as follows: o As from 29 June 1992 until 14 June 1994; o As from 25 July 1995 until 28 February 1997; o As from 21 July 2000 until 20 December 2001. 2. The football season in country F starts on 1 July and ends on 30 June of the following year. 3. The player was transferred from the country E club, X, to the country C club, S (hereinafter: Respondent), on the occasion of which, according to the Transfer Matching System (TMS), the parties agreed upon a transfer compensation of EUR 500,000, payable by the Respondent to club X until 31 December 2011. 4. The C Football Association confirmed that the player was registered with its affiliated club, S, on 20 February 2012. 5. On 18 March 2013, the Claimant lodged a claim against the Respondent in front of FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from club X to the Respondent. In particular, the Claimant requests 50% of the 5% solidarity contribution or EUR 12,500. 6. In reply to the claim, the Respondent does not deny that it owes solidarity contribution payments to the Claimant and merely pointed out that the Claimant had ignored its previous correspondence. 7. After the parties had been given the opportunity to amicably settle the present matter in view of the above position, the Claimant finally reverted to FIFA indicating that no payment had been received from the Respondent. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the Chamber took note that the present matter was submitted to FIFA on 18 March 2013. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 in conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2012), the Dispute Resolution Chamber is competent to decide on the present matter, which concerns a dispute relating to the solidarity mechanism between clubs belonging to different associations. 3. Furthermore, the DRC 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, the members referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012) and, on the other hand, to the fact that the present claim was lodged on 18 March 2013 and that the player was registered with the Respondent on 20 February 2012. In view of the aforementioned, the Chamber confirmed that the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the Chamber emphasised that in the following considerations it will refer only to the facts, arguments and documentary evidence, which it considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC noted that the Claimant claimed the payment of the amount of EUR 12,500 as solidarity contribution from the Respondent, corresponding to 50% of the 5% of the total transfer compensation. 6. In addition to the above, and referring to art. 6 par. 3 of Annexe 3 of the Regulations, the Chamber took into account that according to the information contained in the TMS, club X and the Respondent agreed upon a transfer compensation of EUR 500,000. 7. Furthermore, the DRC noted that the Respondent, for its part, has not contested the Claimant’s claim and merely alleged that the Claimant had not responded to its correspondence. 8. Having established the above, the Chamber referred to art. 21 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 between the seasons of his 12th and 23rd birthday. 9. In this respect, the DRC recalled that the F Football Federation had confirmed that the player, born on 24 March 1979, was registered with the Claimant during the following periods of time: as from 29 June 1992 until 14 June 1994, as from 25 July 1995 until 28 February 1997, and as from 21 July 2000 until 20 December 2001. 10. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the DRC considered that the Claimant is, thus, entitled to receive solidarity contribution for the periods as from 29 June 1992 until 14 June 1994, as from 25 July 1995 until 28 February 1997, and as from 21 July 2000 until 20 December 2001, i.e. for 12 months of the season of the player’s 14th birthday, for 11 months of the season of the player’s 15th and 17th birthday, for 8 months of the season of the player’s 18th birthday, for 11 months of the season of the player’s 22nd birthday, and for 6 months of the season of the player’s 23rd birthday. In terms of the percentage of the 5% solidarity contribution, the Chamber calculated that, on a pro rata basis, this corresponds to 39.56% of 5% as opposed to the 50% of 5% claimed by the Claimant. 11. In view of all of the above, the DRC decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 9,890 to the Claimant as solidarity contribution in relation to the transfer of the player from club X to the Respondent. 12. In continuation, the deciding authority referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the Dispute Resolution Chamber relating to disputes regarding solidarity mechanism costs in the maximum amount of currency of country H 25,000 are levied. The costs are to be borne in consideration of the parties’ degree of success in the proceedings. 13. In this respect, the Chamber reiterated that the claim of the Claimant is partially accepted and established that the Respondent has to bear the costs of the current proceedings in front of FIFA. 14. According to Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 15. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 12,500 related to the claim of the Claimant. Therefore, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to currency of country H 5,000 (cf. table in Annexe A). 16. Considering that the case at hand allowed to be dealt with following a simple procedure, that the case was adjudicated by the Chamber, that the present case did not show particular factual difficulty and that it did not involve specific legal complexity, the Chamber determined the final amount of costs of the current proceedings to the amount of currency of country H 2,000. 17. In view of all of the above, the Chamber concluded that the amount of currency of country H 2,000 has to be paid by the Respondent to cover the costs of the present proceedings. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, club P, is partially accepted. 2. The Respondent, club S, has to pay to the Claimant the amount of EUR 9,890 within 30 days of notification of this decision. 3. In the event that the aforementioned sum is not paid within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the aforementioned time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The final costs of the proceedings in the amount of currency of country H 2,000 are to be paid by the Respondent to FIFA, within 30 days as from the date of notification of the present decision, to the following bank account with reference to case no. 6. 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 Dispute Resolution Chamber: Jérôme Valcke Secretary General Enclosed: CAS directives