F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 28 January 2016, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding a solidarity contribution dispute related to the transfer of the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - solidarity contribution – official version by www.fifa.com - Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 28 January 2016, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding a solidarity contribution dispute related to the transfer of the Player E I. Facts of the case 1. According to the player passport issued by the Football Federation of Country B, the Player E (hereinafter: the player), born on 8 May 1986, was registered with the Club of Country B, Club A (hereinafter: the Claimant), as from 25 September 2001 until 8 September 2002. 2. The football season in Country B during the period of time the player was registered with the Claimant started on 1 July and ended on 30 June of the following year. 3. According to the information contained in the Transfer Matching System (TMS) the player was registered on loan as a professional with the Club of Country D, Club C (hereinafter: the Respondent), on 3 July 2013. 4. On 26 May 2015, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the loan transfer of the player concerned from the Club of Country B, Club F, to the Respondent. In particular, the Claimant requested 9.59% of 5% of the loan compensation, plus 5% interest p.a. as from the due date. 5. According to the information contained in TMS, Club F and the Respondent agreed upon a loan compensation of EUR 450,000. 6. In spite of having been invited by FIFA to provide its position regarding the claim, the Respondent did not respond to the claim or make any statements at all during the course of the investigation. II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter also referred to as DRC judge) analysed whether he was competent to deal with the matter at hand. In this respect, he took note that the present matter was submitted to FIFA on 26 May 2015. Consequently, the 2015 edition of the Rules governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21 of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art. 22 d) of the Regulations on the Status and Transfer of Players (edition 2015) he is competent to decide on the present litigation relating to the solidarity mechanism. 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 confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012, 2014 and 2015), and considering that the player was registered with the Respondent on 3 July 2013, the 2012 edition of said regulations (hereinafter: 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, he started by acknowledging the above-mentioned facts of the case as well as the documents contained in the file. 5. However, the DRC judge emphasised 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. 6. In this respect and entering into the substance of the matter, the DRC judge started by acknowledging that the Claimant is claiming its proportion of the solidarity contribution in connection with the loan transfer of the player from Club F to the Respondent. In particular, the Claimant requested 9.59% of 5% of the loan compensation, plus 5% interest p.a. as from due date. 7. In addition to the above, the DRC judge took into account that according to the information contained in the TMS, Club F and the Respondent agreed upon a loan compensation of EUR 450,000. 8. Furthermore, the DRC judge noted that the Respondent never took position in the specific matter relating to the claim of the Claimant, 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 therefore accepted the allegations of the Claimant. 9. 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 pass a decision upon the basis of the documents already on file, i.e. upon the statements and documents presented by the Claimant as well as upon the information contained in the TMS. 10. 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 between the seasons of his 12th and 23rd birthday. 11. In this respect, the DRC judge recalled that according to the player passport issued by the Football Federation of Country B had confirmed that the player, born on 8 May 1986, was registered with the Claimant as from 25 September 2001 until 8 September 2002. 12. 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 25 September 2001 until 8 September 2002, i.e. for 9 months of the season of the player’s 16 th birthday and for 2 months of the season of the player’s 17th birthday. 13. 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 2,061 to the Claimant as solidarity contribution in relation to the loan transfer of the player from Club F to the Respondent. 14. Lastly, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC judge, 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 the degree of success as well as that the Respondent never replied to the claim, 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 EUR 2,157.75 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 Annexe A). 18. Considering all the above, the DRC judge determined the costs of the current proceedings to the amount of CHF 5,000. ***** Decision of the DRC judge 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 2,061 plus 5% interest p.a. on said amount as of 3 August 2013 until the date of effective payment. 3. In the event that 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 is rejected. 5. The final costs of the proceedings in the amount of CHF 5,000 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: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance under point 2. above 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: Markus Kattner Acting Secretary General Encl. CAS directives