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 (DRC) judge passed in Zurich, Switzerland, on 13 December 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club M, from country P as Claimant against the club, Club D, from country U as Respondent regarding solidarity contribution in connection with the transfer of the player N

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 (DRC) judge passed in Zurich, Switzerland, on 13 December 2013, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club M, from country P as Claimant against the club, Club D, from country U as Respondent regarding solidarity contribution in connection with the transfer of the player N I. Facts of the case 1. According to the official confirmation of the Football Federation of country P, the player, N (hereinafter: the player), born on 15 January 1983, was registered with the Club M, from country P (hereinafter: Claimant), as from 9 September 2005 until 3 February 2006. 2. The football season in country P ran as from 1 July until 30 June of the following year. 3. The Football Federation of country U informed FIFA that the player was registered with its affiliated club, Club D (hereinafter: Respondent), on 16 February 2011. 4. According to the Claimant, in January 2011, the Club X, from country P (hereinafter: the involved club), concluded a transfer agreement with the Respondent for the transfer of the player. 5. According to the information contained in the Transfer Matching System (TMS), the involved club and the Respondent agreed upon a transfer compensation amounting to EUR 1,230,000 payable until 10 February 2011. 6. On 20 September 2012, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player concerned from the involved club to the Respondent for the alleged transfer compensation of EUR 1,230,000. In particular, the Claimant requested 4,04% of 5% of the said transfer compensation, equivalent to EUR 2,484.60, plus 5% interest as from 18 March 2011. 7. On 15 July 2013, the Respondent stated that under the terms of the transfer agreement between it and the involved club, the latter is obliged to pay solidarity contribution. In this respect, it provided FIFA with a copy of the transfer agreement. II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber judge (hereinafter: the DRC judge) analysed whether he was competent to deal with the case at hand. In this respect, the DRC judge first referred to art. 21 par. 1 and 3 of the Rules Governing the Procedures of the Players' Status Committee and the Dispute Resolution Chamber (edition 2012). The present matter was submitted to FIFA on 20 September 2012, thus before the aforementioned Rules entered into force on 1 December 2012. Therefore, the DRC judge concluded that the 2008 edition of the Rules Governing the Procedures of the Players' Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand. 2. Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules, which states that the jurisdiction of the DRC judge is set out in art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2012). In accordance with art. 22 lit. d) and art. 24 par. 2 iii) of the aforementioned Regulations, the DRC judge concluded that he was competent to deal with a dispute regarding solidarity contribution involving a club affiliated to the Football Federation of country P and a club affiliated to the Football Federation of country U. 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, the DRC judge referred, on the one hand, to art. 26 par. 1 and 2 in connection with art. 29 of the Regulations on the Status and Transfer of Players (editions 2012 and 2010) and, on the other hand, to the fact that the present claim was lodged on 20 September 2012 and that the player was registered for the Respondent on 16 February 2011. In view of the aforementioned, the DRC judge concluded that the 2010 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, he 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 requested the payment of the amount of EUR 2,484 as solidarity contribution from the Respondent, corresponding to 4,04% of the 5% of the total compensation, plus 5% interest as from 18 March 2011. 6. In addition to the above, the DRC judge took into account that according to the information contained in the Transfer Matching System (TMS), the involved club and the Respondent agreed upon a transfer compensation of EUR 1,230,000 payable until 10 February 2011. 7. Furthermore, the DRC judge duly noted that the Respondent assessed that, according to the terms of the transfer agreement, the involved club is obliged to pay solidarity contribution. 8. 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. 9. In this respect, the DRC judge recalled that the Football Federation of country P had confirmed that the player, born on 15 January 1983, was registered with the Claimant as from 9 September 2005 until 3 February 2006. 10. 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 9 September 2005 until 6 February 2006. 11. As to the obligation to pay solidarity contribution, the DRC judge was eager to emphasize that, pursuant to art. 2 par. 2 of Annexe 5 of the Regulations, it is the responsibility of the new club to calculate and distribute the solidarity contribution. Equally, the DRC judge stressed that the solidarity mechanism is a principle well-established in the Regulations, from which the parties signing a transfer contract cannot derogate through the contents of a contract. In other words, the obligation to distribute solidarity contribution cannot be set aside by means of a contract concluded between the clubs involved in a player’s transfer; the Regulations clearly establish that the distribution of the solidarity contribution is incumbent on the new club. As a result, he readily accepted that the Respondent is liable for the payment of solidarity contribution. 12. Having established that the Respondent is obliged to pay solidarity contribution to the Claimant, the DRC judge then turned to the calculation of the pertinent amount. In this respect, the DRC judge took in consideration that the player was born on 15 January 1983. 13. As a result, the DRC judge decided that, in accordance with art. 1 of Annexe 5 of the Regulations as well as in accordance with the percentage claimed by the Claimant, the Respondent is liable to pay 4.04% of the 5% of the relevant transfer compensation, i.e. EUR 2,484. In addition, and in accordance with the Claimant’s request, the DRC judge concluded that a 5% interest rate p.a. on said amount as of 19 March 2011 should apply. Consequently, the DRC judge partially accepted the claim of the Claimant and determined that the Respondent has to pay to the Claimant the amount of EUR 2,484 plus 5% interest p.a. on said amount as of 19 March 2011. 14. Finally, 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 the proceedings before the Dispute Resolution Chamber relating to disputes regarding training compensation and the solidarity mechanism costs in the maximum amount of CHF 25,000 are levied. The costs are to be borne in consideration of the parties’ degree of success in the proceedings. 15. In this respect, the DRC judge reiterated that the Claimant is the successful party of the present proceedings and decided that therefore the Respondent has to bear the full costs of the current proceedings in front of FIFA. 16. 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. 17. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 2,484.60 related to the claim of the Claimant. Therefore, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A of the Procedural Rules). 18. Considering that the case at hand did not compose any complex factual or legal issues, that it was adjudicated by the DRC judge and not by the DRC, the DRC judge determined the final amount of costs of the current proceedings to the amount of CHF 1,000, which shall be borne by the Respondent. ***** III. Decision of the DRC judge 1. The claim of the Claimant, Club M, is partially accepted. 2. The Respondent, Club D, has to pay to the Claimant, Club M, within 30 days as of the date of notification of the present decision, the amount of EUR 2,484 plus 5% interest p.a. on said amount as of 19 March 2011 until the date of effective payment. 3. If the aforementioned sum plus interest is not paid 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. Any further claim lodged by the Claimant, Club M, is rejected. 5. The final costs of the proceedings in the amount of CHF 1,000 are to be paid by the Respondent, Club D, within 30 days of notification of the present decision to FIFA to the following bank account with reference to case nr.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant, Club M, is directed to inform the Respondent, Club D, immediately and directly of the account number to which the remittance is to be made and to notify the DRC judge 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 Encl. CAS directives