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 theDispute Resolution Chamber(DRC) judge passed in Zurich, Switzerland, on 27 August 2014, by Philippe Diallo (France), DRC judge, on the claim presented by the club, Club S, from country G as Claimant against the club, Club K, from country T as Respondent regarding solidarity contribution in connection with the international transfer of the player Y

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 theDispute Resolution Chamber(DRC) judge passed in Zurich, Switzerland, on 27 August 2014, by Philippe Diallo (France), DRC judge, on the claim presented by the club, Club S, from country G as Claimant against the club, Club K, from country T as Respondent regarding solidarity contribution in connection with the international transfer of the player Y I. Facts of the case 1. The country G Football Federation confirmed, that the player Y (hereinafter: the player), born in February 1990, was registered with its affiliated Club S (hereinafter: the Claimant) from 16 August 2002 until 4 June 2004 as an amateur. 2. The football season in country G runs as from 1 July until 30 June of the following year. 3. The country T Football Federation informed FIFA that the player was registered with its affiliated Club K (hereinafter: the Respondent), on 31 August 2011. 4. According to the information contained in the Transfer Matching System (TMS), Club D, from country G, and the Respondent agreed upon a transfer compensation of EUR 575,000, thereof the amount of EUR 300,000 payable on 1 July 2011 and the amount of EUR 275,000 on 20 January 2012. 5. On 26 July 2013, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the abovementioned transfer, requesting the amount of EUR 2,875, corresponding to 0.5% of the transfer compensation, plus interest at a rate of 5% p.a. as of 2 August 2011. 6. Despite having been invited by FIFA to provide its position regarding the claim, the Respondent never provided its position. 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 26 July 2013. Consequently, the DRC judge concluded that the 2012 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 2014). In accordance with art. 24 par. 1 and par. 2 lit. iii. in connection with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations), the DRC judge is competent to decide on the present matter relating to the solidarity mechanism between clubs belonging to different associations in connection with an international transfer of the player. 3. Furthermore, the DRC judge analysed which edition of the Regulations 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 (edition 2014) and, on the other hand, to the fact that the present claim was lodged on 26 July 2013 and that the player was registered with the Respondent on 31 August 2011. In view of the aforementioned, the DRC judge concluded that the 2010 edition of 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 the amount of EUR 2.875 as solidarity contribution from the Respondent, corresponding to 0.5% of the total transfer compensation agreed between Club D and the Respondent, plus interest at a rate of 5% p.a. as of 2 August 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 Club D, from country G, and the Respondent agreed upon a transfer compensation of EUR 575,000, thereof the amount of EUR 300,000 payable on 1 July 2011 and the amount of EUR 275,000 on 20 January 2012. 7. Furthermore, the DRC judge duly noted that the Respondent never took position in the present matter, in spite of 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, it shall take a decision upon the basis of the documents already on file. 9. 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. 10. In this respect, the DRC judge recalled that the country D Football Federation had confirmed that the player, born in February 1990, was registered with the Claimant as from from 16 August 2002 until 4 June 2004 as an amateur. 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 period as from 16 August 2002 until 4 June 2004. 12. In view of all of the above, the DRC judge decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 2,635 to the Claimant as solidarity contribution in relation to the transfer of the player from Club D 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, in conformity with the longstanding practice of the DRC, interest at rate of 5% p.a. as follows: 5% p.a. on the amount of EUR 1,375 as of 1 August 2011until the date of effective payment; 5% p.a. on the amount of EUR 1,260 as of 20 February 2012 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 currency of country H 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 partially accepted, the DRC judge concluded that the costs of the current proceedings in front of FIFA are to be borne both by the Claimant and the Respondent. 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. On that basis, the DRC judge held that the amount to be taken into consideration in the present proceedings is EUR 2,875 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 Annexe A). 18. Considering that the Claimant’s claim is partially accepted and that the Respondent never replied to the claim although having been invited to do so by FIFA, the DRC judge determined the costs of the current proceedings to the amount of currency of country H 4,000, of which currency of country H 1,000 are to be paid by the Claimant and currency of country H 3,000 by the Respondent. ***** III. Decision of the DRC judge 1. The claim of the Claimant, Club S, is partially accepted. 2. The Respondent, Club K, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 2,635, plus interest on said amount of 5% p.a. as follows: 2.1 on the amount of EUR 1,375 as of 1 August 2011; 2.2 on the amount of EUR 1,260 as of 20 February 2012. 3. If the aforementioned amount 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 claims lodged by the Claimant are rejected. 5. The final costs of the proceedings in the amount of currency of country H 4,000 are to be paid within 30 days as of notification of the present decision as follows: 5.1 The amount of currency of country H 1,000 by the Claimant to FIFA. 5.2 The amount of currency of country H 3,000 by the Respondent to FIFA. 5.3 The abovementioned amounts of currency of country H 1,000 and currency of country H 3,000 have to be paid to FIFA to the following bank account with reference to case nr.: 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 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 Enclosed: CAS directives