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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 9 May 2014, in the following composition: Geoff Thompson (England), Chairman Johan van Gaalen (South Africa), member Damir Vrbanovic (Croatia), member on the claim presented by the club, Club F, from country B as Claimant against the club, Club I, from country S 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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 9 May 2014, in the following composition: Geoff Thompson (England), Chairman Johan van Gaalen (South Africa), member Damir Vrbanovic (Croatia), member on the claim presented by the club, Club F, from country B as Claimant against the club, Club I, from country S as Respondent regarding solidarity contribution in connection with the transfer of the player A I. Facts of the case: 1. The country B Football Association confirmed that the player, Player A, born in June 1985, was registered with its affiliate, Club F, the Claimant, as from 9 May 2001 (16th birthday) until 7 July 2005 (20th birthday). 2. The sporting season in country B follows the calendar year. 3. According to the information contained in the Transfer Matching System (TMS), the player was registered with Club I, the Respondent, on 28 July 2012. 4. On 2 October 2012, the Claimant lodged a claim in front of FIFA requesting its proportion of the solidarity contribution in connection with the transfer of the player from the Club V, from country B, to the Respondent. In particular, the Claimant requested the payment of 2.0507% of the total transfer compensation plus 5% interest “from the date in which the payment should have been done”. 5. In accordance with the information contained in the TMS, the clubs involved in the transfer of the player agreed upon a transfer compensation of EUR 5,000,000 payable in the following way: a) EUR 1,000,000 payable until 25 July 2012; b) EUR 1,500,000 payable until 10 August 2012; c) EUR 2,500,000 payable until 15 January 2013. 6. Despite having been invited by FIFA to start with the payment of the relevant solidarity contribution or to provide valid reasons which could justify a possible refusal, the Respondent did not reply to the claim lodged by the Claimant. II. Considerations of the Dispute Resolution Chamber: 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at stake. In this respect, it referred to art. 21 par. 2 and 3 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber. The present matter was submitted to FIFA on 2 October 2012, as a consequence the Chamber concluded that the edition 2008 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) is applicable on the matter at hand. 2. With regard to the competence of the Chamber, article 3 par. 1 of the Procedural Rules states that the Dispute Resolution Chamber shall examine its jurisdiction in the light of articles 22 to 24 of the Regulations on the Status and Transfer of Players (edition 2014). In accordance with article 1 par. 1, which describes the scope and the field of application of the aforesaid regulations, in connection with articles 24 par. 1 and 22 (d), the Dispute Resolution Chamber shall adjudicate on disputes between two clubs in connection with an international transfer of a professional player related to solidarity mechanism. 3. As a consequence, the Dispute Resolution Chamber is the competent body to decide on the present litigation concerning the distribution of the solidarity contribution claimed by the Claimant, in connection with the transfer of the professional player A, from Club V, from country B, to the Respondent. 4. Subsequently, the members of the Chamber analyzed 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 Chamber referred to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012). Furthermore, it acknowledged that the professional had been registered for the Respondent on 28 July 2012. Equally, the Chamber took note that the claim was lodged before FIFA on 2 October 2012. In view of the aforementioned, the Chamber concluded that the 2010 edition of the FIFA Regulations on the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the case at hand as to the substance. 5. In continuation, and entering into the substance of the matter, the members of the Chamber started by acknowledging that the Claimant is requesting 2.0507% of the total transfer compensation paid by the Respondent to the Club V, plus 5% default interest “from the date in which the payment should have been done”. 6. Moreover, the Chamber duly noted that the Respondent failed to present its response to the claim of the Claimant, in spite of having been invited to do so. In this way, the Chamber considered that the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant. 7. Furthermore, as a consequence of the aforementioned consideration, the Chamber concurred that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant as well as upon the information contained in TMS. 8. In continuation, the members of the Chamber emphasised that, as established in art. 21 of the Regulations in connection with Annexe 5 of the Regulations, the new club of the player is to distribute 5% of any compensation, with the exception of training compensation paid to the player’s former club, to the club(s) involved in the training and education of the player in proportion to the number of years the player has been registered with the relevant club(s) between the seasons of his 12th and 23rd birthdays. 9. In this respect, the Chamber took due note that the country B Football Association confirmed that the player concerned, born in June 1985, was registered with the Claimant, as from 9 May 2001 (16th birthday) until 7 July 2005 (20th birthday). 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 8 months of the season of the player’s 16th birthday, for 12 months of the season of the player’s 17th birthday, for 12 months of the season of the player’s 18th birthday, for 12 months of the season of the player’s 19th birthday and for 6 months of the season of the player’s 20th birthday. As a result, the Chamber concluded that the Claimant is entitled to the claimed proportion of 2.0507% of the total transfer compensation. 11. Turning its attention to the relevant calculation, the Chamber took into account that, according to the relevant transfer agreement, the Respondent agreed to pay the total amount of EUR 5,000,000 in three installments of EUR 1,000,000 payable until 25 July 2012, EUR 1,500,000 payable until 10 August 2012 and EUR 2,500,000 payable until 15 January 2013. 12. As a result, the Chamber decided that the Claimant is entitled to receive the total amount of EUR 102,535 as solidarity contribution from the Respondent. 13. In light of the above and considering that the Claimant requests 5% default interest, the Chamber underlined that in case of contingent payments, the new club shall pay the solidarity contribution to the training clubs no later than 30 days after the date of such payments (cf. art. 2 par. 1 of Annexe 5 of the Regulations). As a result, the Respondent should have paid to the Claimant 2.0507% of each installment no later than 30 days after the dates as from which each installment became due. 14. In view of all of the above, the Chamber decided that the Respondent has to pay to the Claimant as solidarity contribution the total amount of EUR 102,535 plus default interest of 5% p.a. as follows: 5% p.a. on EUR 20,507 as from 25 August 2012, 5% p.a. on EUR 30,760.5 as from 11 September 2012 and 5% p.a. on EUR 51,267.5 as from 15 February 2013, in each case until the effective date of payment to the Claimant. 15. In continuation, the Chamber referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which costs in the maximum amount of currency of country H 25,000 are levied in connection with proceedings before the Dispute Resolution Chamber relating to disputes regarding the solidarity mechanism. The costs are to be borne in consideration of the parties' degree of success in the proceedings. 16. In this respect, the Chamber reiterated that the claim of the Claimant is accepted. Therefore, the Respondent has to bear the costs of the current proceedings in front of FIFA. 17. 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. 18. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 102,535 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 15,000 (cf. table in Annexe A). 19. Considering that the claim of the Claimant was fully accepted and that the Respondent did not reply, the Chamber determined the final amount of costs of the current proceedings to the amount of currency of country H 15,000. 20. In this respect, the Chamber took into account that the Claimant had paid the advance of costs in the amount of currency of country H 2,000 in accordance with art. 17 of the Procedural Rules. 21. In view of all of the above, the Chamber concluded that the amount of currency of country H 15,000 has to be paid by the Respondent to cover the costs of the present proceedings. Thereof the amount of currency of country H 13,000 has to be paid by the Respondent to FIFA and the amount of currency of country H 2,000 to the Claimant. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club F, is accepted. 2. The Respondent, Club I, has to pay to the Claimant the amount of EUR 102,535 within 30 days as from the date of notification of this decision, plus 5% interest p.a. until the date of effective payment, as follows: a) 5% p.a. on the amount of EUR 20,507 as from 25 August 2012; b) 5% p.a. on the amount of EUR 30,760.5 as from 11 September 2012; c) 5% p.a. on the amount of EUR 51,267.5 as from 15 February 2013. 3. In the event that the aforementioned amount plus interest are not paid within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. The final costs of the proceedings in the amount of currency of country H 15,000 are to be paid by the Respondent within 30 days of notification of the present decision, as follows: 4.1. Currency of country H 13,000 to FIFA to the following bank account with reference to case no.: 4.2. Currency of country H 2,000 to the Claimant. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances are 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: Markus Kattner Deputy Secretary General Enclosed: CAS directives