F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, on the claim presented by the club, Club A, from country B as Claimant against the club, Club C, from country D as Respondent regarding solidarity contribution in connection with the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 10 February 2015, by Philippe Diallo (France), DRC judge, on the claim presented by the club, Club A, from country B as Claimant against the club, Club C, from country D as Respondent regarding solidarity contribution in connection with the Player E I. Facts of the case 1. According to the player passport issued by the Football Federation from country B the player, Player E (hereinafter: the player), born on 1 July 1986, was registered with its affiliate, Club A, as from 15 July 2008 until 11 August 2010. 2. The relevant sporting seasons in country B ran as from 1 January until 31 December. 3. The Football Association from country D informed FIFA that the player was registered with its affiliated club, Club C (hereinafter: the Respondent) on 27 June 2012. 4. According to the information contained in the Transfer Matching System (TMS), on 26 June 2012, the club from country F, Club G and the Respondent agreed upon a transfer compensation for the transfer of the player of USD 4,800,000 payable as follows: o USD 800,000 on 6 July 2012; o USD 2,000,000 on 13 February 2013; o USD 2,000,000 on 15 September 2013. 5. Moreover, the transfer agreement provided that the Respondent should pay to Club G the following amounts: o USD 500,000 on 27 June 2012; o USD 700,000 on 14 July 2012 “to go to cancel tariffs and/or charges applicable to this final transfer agreement”. 6. In this framework, on 10 May 2014, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from Club G to the Respondent. In particular, the Claimant requested 0.73% of the total transfer compensation as solidarity contribution plus 5% interest p.a. as from the date on which the solidarity contribution was due. 7. Despite having been asked to do so by FIFA, the Respondent did not reply to the claim. II. Considerations of the DRC judge 1. First of all, the DRC judge analyzed 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 10 May 2014. Consequently, the 2012 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 (cf. art. 21 of the 2012 and 2014 editions of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 lit. iii) in conjunction with art. 22 lit. e) of the Regulations on the Status and Transfer of Players (edition 2014), the DRC judge is competent to decide on the present matter which is of an international dimension, does not contain complex factual or legal issues and concerns the distribution of solidarity contribution claimed by a club from country B in connection with the international transfer of the player from a club from country F to a club from country D. 3. Furthermore, and taking into consideration that the player was registered with the Respondent on 27 June 2012, the DRC judge analyzed which regulations should be applicable as to the substance of the matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (editions 2012 and 2014) and considering that the present claim was lodged on 10 May 2014, the 2012 version of the said Regulations (hereinafter: the Regulations) is applicable to the present matter as to the substance. 4. The competence of the DRC judge and the applicable regulations having been established, and entering into the substance of the matter, the DRC judge started by acknowledging the above-mentioned facts, the arguments of the parties as well as the documentation contained in the file. However, the DRC judge emphasized that in the following considerations, he will refer only to the facts, arguments and documentary evidence which he considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC judge noted that the Claimant claimed as solidarity contribution from the Respondent 0.73% of the total transfer compensation. 6. In addition to the above, the DRC judge considered that according to the information contained in the TMS, the club from country F, Club G and the Respondent agreed upon a transfer compensation of USD 6,000,000, payable as follows: a. USD 500,000 on 27 June 2012; b. USD 800,000 on 6 July 2012; c. USD 700,000 on 14 July 2012; d. USD 2,000,000 on 13 February 2013; e. USD 2,000,000 on 15 September 2013. 7. Furthermore, the DRC judge duly noted that the Respondent never took position in the present matter, although having been invited to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the Respondent renounced to its right to defence and accepted the allegations of the Claimant. 8. As a consequence of the aforementioned consideration, the DRC judge established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the basis of the documents on file. 9. Having established the above, the DRC judge 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 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. 10. In this respect, the DRC judge recalled that the Football Federation from country B had confirmed that the player, born on 1 July 1986, was registered with the Claimant as from 15 July 2008 until 11 August 2010, i.e. during the season of his 22nd and 23rd birthday. 11. 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 above-mentioned period. 12. As a consequence and taking into consideration that the Claimant requested as solidarity contribution 0.73% of the total transfer compensation, the DRC judge decided to accept the claim of the Claimant and held that the Respondent is liable to pay the amount of USD 43,800 to the Claimant as solidarity contribution in relation to the transfer of the player from Club G to the Respondent. 13. 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% p.a. as follows: - 5% p.a. on the amount of USD 3,650 as from 28 July 2012 until the date of effective payment; - 5% p.a. on the amount of USD 5,840 as from 6 August 2012 until the date of effective payment; - 5% p.a. on the amount of USD 5,110 as from 14 August 2012 until the date of effective payment; - 5% p.a. on the amount of USD 14,600 as from 16 March 2013 until the date of effective payment; - 5% p.a. on the amount of USD 14,600 as from 16 October 2013 until the date of effective payment. 14. 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 CHF 25’000 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). 15. In respect of the above, and taking into account that the claim of the Claimant has been accepted, the DRC judge concluded that the Respondent has to bear the costs of the current proceedings in front of FIFA. 16. 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. 17. On that basis, the DRC judge held that the amount to be taken into consideration in the present proceedings is USD 43,800 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 18. 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 CHF 3,000, which are to be covered by the Respondent in its entirety. III. Decision of the DRC judge 1. The claim of the Claimant, Club A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant the amount of USD 43,800 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 USD 3,650 as from 28 July 2012; b. 5% p.a. on the amount of USD 5,840 as from 6 August 2012; c. 5% p.a. on the amount of USD 5,110 as from 14 August 2012; d. 5% p.a. on the amount of USD 14,600 as from 16 March 2013; e. 5% p.a. on the amount of USD 14,600 as from 16 October 2013. 3. In the event that the aforementioned sum and interest are 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. The final costs of the proceedings in the amount of CHF 3,000 are to be paid by the Respondent, within 30 days as from the date of notification of the present decision, to FIFA to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH 27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 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 DRC judge: Jérôme Valcke Secretary General Encl. CAS directives