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 passed in Zurich, Switzerland, on 20 August 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Taku Nomiya (Japan), member Theo van Seggelen (Netherlands), member on the claim presented by the club, Club X, from country N as Claimant against the club, Club Y, from country I as Respondent regarding solidarity contribution in connection with the transfer of the player O

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 passed in Zurich, Switzerland, on 20 August 2014, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Taku Nomiya (Japan), member Theo van Seggelen (Netherlands), member on the claim presented by the club, Club X, from country N as Claimant against the club, Club Y, from country I as Respondent regarding solidarity contribution in connection with the transfer of the player O I. Facts of the case 1. The Football Federation of country N confirmed that the player O (hereinafter: the player), born on 16 June 1989, was registered with its affiliated club, Club X (hereinafter: the Claimant), from 1 January 2006 until 5 September 2007. 2. The Football Federation of country N confirmed that the football season in country N ran from 1 January until 31 December before 2007, whereas since 2007, it has run from August until July of the following year. 3. On 5 August 2008, the Club L from country Z (hereinafter: Club L) and Club Y from country I (hereinafter: the Respondent), concluded a transfer agreement according to which Club L was entitled to receive a transfer compensation amounting to EUR 2,250,000 payable as follows: • EUR 1,125,000 “upon the PLAYER being registered with [the Respondent] […] in no event later than 10 (ten) day from the signature date of the CONTRACT insofar the ITC […] has been issued”; • EUR 562,500 “by 31st January 2009”; • EUR 562,500 “by 31st August 2009”. Moreover, the parties agreed to a sell-on-clause “equating 10% […] of the difference between the transfer fee received by [the Respondent] and the amount paid by [the Respondent] to [Club L]”. In particular, it would pay EUR 660,000 on 20 May 2009 instead of EUR 750,000 due 31 August 2009. 4. On 7 May 2009, the Respondent and Club L concluded an agreement related to two transfer agreements related to the player and another player, amending the last instalment of both agreements. According to the amendment, the Respondent agreed to pay the last of its installments at an earlier date, but at a reduced amount. In this respect, the Respondent enclosed an e-mail between the Respondent and Club L, dated 13 May 2009, according to which the parties agreed to attribute the reduction of EUR 90,000 as follows: EUR 67,500 reduction towards the player and EUR 22,500 reduction towards the other player. 5. According to the Football Federation of country I, the player was registered with the Respondent on 24 September 2008. 6. On 28 January 2010, the Claimant lodged a claim before FIFA against the Respondent requesting the solidarity contribution in connection with the transfer of the player from Club L to the Respondent. In particular, the Claimant requested 16.79% of the 5% of the transfer compensation, plus 5% interest p.a. 7. The Respondent rejected the claim lodged against it and stated that it has already paid the solidarity contribution to the Claimant. In this respect, the Respondent assessed that, after the reduction, it paid EUR 2,182,500 to Club L for the transfer, and claims that it distributed 0.34%, i.e. EUR 7,420.50, to the Claimant. In this respect, the Respondent submitted the following payment documents: • 24 March 2009: EUR 3,825 payment to The Bank, Club X / Club S / Mr. C • 29 March 2010: EUR 3,595.50 to The Bank, Club X / Club S / Mr. C 8. As to the alleged payments made by the Respondent, the Claimant claimed that “there were no financial entrances to [its] bank account”. Furthermore, the Claimant stated not having informed the Respondent about its bank details during the investigation and that it “does not have any bank account in the indicated bank”. In addition, it asked for “documents on which the decision of [the Respondent] to effect the payment to the corresponding bank accounts had been accepted”. 9. In reply, the Respondent provided on several occasions copies of e-mails allegedly exchanged between Club Y and the Claimant, in which said club had disclosed its bank details to the Respondent. In particular, on 27 February 2009, the Claimant supposedly sent an e-mail to the Respondent, which reads as follows: “bank: Bank INT’L PLC; beneficiary: [the Claimant]/Club S/Mr. C; account number: 1153 003 000 152”. 10. On 13 May 2013, the Claimant asserted that the player had been loaned to Club N and to Club G. As a result, the Claimant requested FIFA to provide them with the information contained in the TMS. 11. On 14 March 2014, the Claimant insisted that there were no evidences of the payment of solidarity contribution. In particular, the Claimant rejected that the e-mails enclosed to the Respondent’s reply are evidences of the fulfillment of the latter’s obligations. In addition, the Claimant reiterated that e-mails are not official correspondence and that they had never been in contact with the Respondent. As a result, the Claimant stated that it had never informed the Respondent of the correct bank details. 12. Furthermore, the Claimant amended its claim. In particular, it requested 16.79% of the solidarity contribution for the transfer of the player, totally amounting EUR 18,322, plus 5% p.a. “for unjustified delay in payment”, as well as 0,83% of the 10% of the difference between the transfer fee received by the Respondent from Club G and the amount paid by the Respondent to Club L. 13. On 25 March 2014, the Claimant assessed that in the bank statements provided with by the Respondent, the Club S (hereinafter: “Club S”) and Mr. C were mentioned as the beneficiaries. In this respect, the Claimant stated that it has no legal relationship with Club S. 14. Alternatively, the Claimant stated that the Respondent provided with bank statements of transfers for the amount of EUR 7,420. Since in the Claimant’s opinion the outstanding solidarity contribution totally amounts to EUR 18,322, the Claimant concluded that the Respondent would still have to pay EUR 10,902. 15. On 12 May 2014, the Respondent lastly rejected the claim by reiterating that the solidarity contribution was paid. 16. Furthermore, the Respondent held that the Claimant is entitled to 0,34% of the transfer fee solidarity contribution, which equals to EUR 7,420.50, since the player was registered for the Claimant from 1 January 2007 until 5 September 2009 according to the player passport issued by the Football Association of country Z based on which it proceeded to distribute the solidarity contribution. In this respect, the Respondent assessed that the Claimant calculated the solidarity contribution for the period from 1 January 2006 until 31 December 2006 and from 1 January 2007 until 5 September 2007 and stated that its legal representative, on 17 December 2009, stated that the player was registered for the Claimant for five and a half season, this is, in the Respondent’s opinion, from 2001 to 2006. 17. Lastly, the Respondent confirmed that the loan to Club G was free of charge and, hence, nothing was paid to Club L. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the DRC 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 2014 and 2012). The present matter was submitted to FIFA on 28 January 2010, as a consequence, the DRC 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 Chamber referred to art. 3 par. 1 of the Procedural Rules, which states that the jurisdiction of the DRC is set out in art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2014). In accordance with art. 22 lit. d) and art. 24 par. 2 of the aforementioned Regulations, the DRC concluded that it was competent to deal with a dispute regarding solidarity contribution involving a club affiliated to the Football Federation of country N and a club affiliated to the Football Federation of country I. 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 Chamber 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 2014, 2012, 2010 and 2009) and, on the other hand, to the fact that the present claim was lodged on 28 January 2010 and that the player was registered for the Respondent on 24 September 2008. In view of the aforementioned, the DRC concluded that the 2008 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 and the applicable regulations having been established, it entered into the substance of the matter. In doing so, the Chamber 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 noted that the Claimant requested the payment of the 16.79% of the 5% of the transfer fee paid by the Respondent as solidarity contribution, plus 5% interest p.a. 6. In addition to the above, the Chamber took into account that, according to the agreement on file, Club L and the Respondent agreed upon a transfer compensation of EUR 2,182,500 payable in three instalments as follows: - EUR 1,1250,000 upon the player being registered with the Respondent and no later than 10 days after signing the transfer agreement; - EUR 562,500 on or before 31 January 2009; and - EUR 495,000 on or before 20 May 2009. 7. Furthermore, the DRC duly noted that the Respondent assessed that it paid the relevant solidarity contribution to the Claimant in the bank account the latter had indicated, fact which was denied by the Claimant. 8. Having established the above, the DRC 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 recalled that the Football Federation of country N had confirmed that the player, born on 16 June 1989, was registered with the Claimant as from 1 January 2006 until 5 September 2007. 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 period as from 1 January 2006 until 5 September 2007. 11. Having established that the Respondent is obliged to pay solidarity contribution to the Claimant, the Chamber then turned to the calculation of the pertinent amount. In this respect, the DRC took in consideration that the player was born on 16 June 1989. 12. As a result, the DRC 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 16.79% of the 5% of the relevant transfer compensation, i.e. EUR 18,322. 13. In this context, the Chamber recalled that, the Respondent provided with documentary evidence of the payment of EUR 7,420, although the Claimant denied any payment and held that it had not informed the Respondent of its bank details. 14. In this respect, the DRC referred to art. 12 par. 3 of the Procedural Rules, according to which, any party claiming a right on the basis of an alleged fact shall carry the burden of proof. In particular, the Chamber stressed out that the Claimant failed to provide with any evidence supporting that it had never informed the Respondent of its bank details and that the bank account in which the payment was made was not the Claimant’s account, whereas the Respondent had provided with e-mails in which the Claimant reasonably appeared to have informed of its bank details as well as with transfer receipts of the relevant payments. 15. In light of the foregoing, the Chamber concluded that the payments in the amount of EUR 7,420 shall be considered as partial payments of the solidarity contribution in connection with the transfer of the player from Club L to the Respondent. 16. Consequently, the DRC partially accepted the claim of the Claimant and determined that the Respondent has to pay to the Claimant the amount of EUR 10,902. 17. In addition, and in accordance with the Claimant’s request, the DRC concluded that a 5% interest rate p.a. on said amount as of the date of the claim should apply. 18. The Chamber then turned its attention to the request for the 10% of the next transfer/conditional payment. In this respect, the DRC referred once more to art. 12 par. 3 of the Procedural Rules. 19. As a result, and in view of the lack of evidences in this regard, the Chamber decided to reject the request for the 10% of the subsequent transfer/conditional payment. 20. Finally, the DRC 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. 21. 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. 22. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 18,322 related to the claim of the Claimant. Therefore, the DRC concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000. 23. Considering that the case at hand did not compose any complex factual or legal issues as well as that the claim of the Claimant has been partially accepted, the Chamber determined the final amount of costs of the current proceedings to the amount of CHF 5,000, which shall be borne by the Respondent. ***** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club X, is partially accepted. 2. The Respondent, Club Y, has to pay to the Claimant, Club X, within 30 days the amount of EUR 10,902 plus 5% interest p.a. on said amount as of 28 January 2010. 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 X, is rejected. 5. The final amount of costs of the proceedings in the amount of CHF 5,000 are to be paid to FIFA within 30 days as from the date of notification of the present decision as follows: 5.1 The amount of CHF 2,500 by the Respondent, Club Y. 5.2 The amount of CHF 2,500 by the Claimant, Club X. 5.3 The above-mentioned amounts (i.e. CHF 2,500 and CHF 2,500) have to be paid to the following bank account with reference to case no.: 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 X, is directed to inform the Respondent, Club Y, 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 Encl. CAS directives