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 Single Judge of the sub-committee of the Dispute Resolution Chamber (DRC) passed on 16 March 2016, by Eirik Monsen (Norway), Single Judge of the sub-committee of the DRC, on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding solidarity contribution in connection with the transfer of the Player E I.

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 Single Judge of the sub-committee of the Dispute Resolution Chamber (DRC) passed on 16 March 2016, by Eirik Monsen (Norway), Single Judge of the sub-committee of the DRC, on the claim presented by the club, Club A, Country B as Claimant against the club, Club C, Country D as Respondent regarding solidarity contribution in connection with the transfer of the Player E I. Facts of the case 1. According to the player passport issued by the Football Association from Country B, Player E, born on 19 December 1986, was registered with the club from country B, Club A (hereinafter: the Claimant), as from 1 July 1998 until 12 August 2007. 2. The season in Country B starts on 1 July and ends on 30 June of the following year. 3. According to the information contained in the Transfer Matching System (TMS), the player was registered with the club from country D, Club C (hereinafter: the Respondent), on 22 July 2015. 4. Furthermore, according to the information contained in TMS, the Club I from country H and the Respondent agreed upon the transfer of the player from Club I to the Respondent against the payment of transfer compensation. In particular, the parties agreed upon a “gross” transfer compensation of EUR 2,625,000. According to the transfer agreement, Club I would therefore receive from the Respondent the “net” amount of EUR 2,500,000 as follows: - EUR 1,250,000, payable on 7 July 2015; - EUR 1,250,000, payable on 1 February 2016. 5. On 21 January 2016, the Claimant lodged a claim in front of FIFA against the Respondent, claiming its proportion of the solidarity contribution in connection with the aforementioned transfer. More specifically, the Claimant requested 71.2% of 5% of the total transfer compensation, plus 5% interest as from the due dates. 6. In spite of having been invited by FIFA to provide its position regarding the claim, the Respondent did not reply to the claim. II. Considerations of the Single Judge of the sub-committee of the DRC 1. First of all, the Single Judge of the sub-committee of the DRC (hereinafter also: the Single 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 21 January 2016. Consequently, the Single Judge concluded that the 2015 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 of the Procedural Rules). 2. Subsequently, the Single Judge referred to art. 3 par. 2 of the Procedural Rules, which states that he shall examine his jurisdiction in light of art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2015). In accordance with art. 3 of Annexe 6 in conjunction with art. 24 and art. 22 lit. d) of the Regulations on the Status and Transfer of Players, the Single Judge is competent to decide on the present dispute relating to the solidarity mechanism between clubs belonging to different associations. 3. Furthermore, the Single Judge 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, he confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2015) and reiterating that the present claim was lodged in front of FIFA on 21 January 2016, the 2015 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Single Judge and the applicable regulations having been established, and entering into the substance of the matter, the Single Judge started by acknowledging the above-mentioned facts as well as the documentation contained in the file. However, the Single 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. 5. In this respect, the Single Judge noted that the Claimant held that it is entitled to a payment of solidarity contribution corresponding to the percentage of 71.2% of 5% of the total transfer compensation, plus 5% interest as from the relevant due dates. 6. Equally, the Single Judge took into account that according to the information contained in TMS, Club I and the Respondent agreed upon a transfer compensation amounting to EUR 2,625,000, payable in two equal instalments. 7. Furthermore, the Single Judge duly noted that the Respondent never took position in the present matter, although having been invited to do so by FIFA. Therefore, the Single Judge deemed that, in this way, the Respondent renounced its right to defence and accepted the allegations of the Claimant. 8. As a consequence of the aforementioned consideration, the Single Judge established that indeed, 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 Single 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 Single Judge recalled that the Football Association from Country B had confirmed that the player, born on 19 December 1986, was registered with the Claimant as from 1 July 1998 until 12 August 2007. 11. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the Single Judge considered that the Claimant is, thus, entitled to receive solidarity contribution for the period as from 1 July 1998 until 12 August 2007, i.e. for the complete seasons of the player’s 12th to 20th birthday as well as for one month of the season of the player’s 21st birthday. 12. As a result, the Single Judge decided that the Claimant is entitled to 70.83% of 5% of the total transfer compensation. Based on a transfer compensation of EUR 2,625,000, this results in an entitlement for the Claimant of EUR 92,964. 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 Single Judge decided that the Respondent has to pay, in conformity with the longstanding practice of the DRC, interest at a rate of 5% p.a. as follows: - 5% p.a. on the amount of EUR 46,482 as from 7 August 2015; - 5% p.a. on the amount of EUR 46,482 as from 3 March 2016. 14. Lastly, the Single 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 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 Claimant has been the successful party, the Single Judge concluded that the Respondent has to bear the costs of the current proceedings in front of FIFA. 16. Considering that in accordance with Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute, the Single Judge held that the amount to be taken into consideration in the present proceedings is EUR 94,340 related to the claim of the Claimant. Consequently, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000 (cf. table in Annex A). 17. Taking into account the particularities of the matter at hand as well as the fact that the Respondent did not reply to the claim, the Single Judge determined the costs of the current proceedings to the amount of CHF 10,000, which shall be borne by the Respondent. ***** III. Decision of the Single Judge of the sub-committee of the DRC 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 92,964 plus 5% interest until the date of effective payment as follows: a) 5% p.a. on the amount of EUR 46,482 as from 7 August 2015; b) 5% p.a. on the amount of EUR 46,482 as from 3 March 2016. 3. In the event that the aforementioned sum plus interest is not paid by the Respondent 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 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 Single Judge of the sub-committee of the DRC of every payment received. 6. The final costs of the proceedings in the amount of CHF 10,000 are to be paid by the Respondent, within 30 days of notification of the present decision, as follows: 6.1. The amount of CHF 8,000 to FIFA to the following bank account with reference to case nr.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6.2. The amount of CHF 2,000 to the Claimant. 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 Single Judge of the sub-committee of the DRC: ________________________ Markus Kattner Acting Secretary General Enclosed: CAS directives