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 25 September 2015, by Theo van Seggelen (Netherlands), DRC judge, on a matter between the club Club A, country B, and the club Club C, country D and the club Club E, country F as intervening party regarding a dispute relating to the solidarity contribution in connection with the transfer of the Player G. 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 Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 25 September 2015, by Theo van Seggelen (Netherlands), DRC judge, on a matter between the club Club A, country B, and the club Club C, country D and the club Club E, country F as intervening party regarding a dispute relating to the solidarity contribution in connection with the transfer of the Player G. I. Facts of the case 1. The Football Association of country B confirmed that the player, Player G (hereinafter: the player), born on 21 January 1983, was registered with its affiliated club, Club A (hereinafter: Club A), as from 20 September 1993 until 20 October 2001. 2. The Football Association of country B also confirmed that for the period during which the player was registered with Club A, the sporting season in country B ran as follows: Season Starting date Ending date 1993/94 12.08.1993 22.05.1994 1994/95 11.08.1994 27.05.1995 1995/96 12.08.1995 25.05.1996 1996/97 10.08.1996 31.05.1997 1997/98 09.08.1997 16.05.1998 1998/99 08.08.1998 20.03.1999 1999/2000 13.07.1999 20.05.2000 2000/01 12.08.2000 20.06.2001 2001/02 18.08.2001 05.06.2002 3. According to the Football Association of country D (hereinafter: the Football Association of country D), the player was registered with its affiliated club, Club C (hereinafter: Club C), on 15 July 2011. 4. On 15 May 2012, Club A contacted FIFA claiming its proportion of solidarity contribution in connection with the transfer of the player from the club from country F, Club E (hereinafter: Club E) to Club C in July 2011. 5. In particular, Club A requested 2.5% of the transfer compensation as solidarity contribution. 6. According to the information contained in the Transfer Matching System (TMS), Club E and Club C had agreed upon transfer compensation amounting to EUR 700,000 net payable on 11 July 2011. Furthermore, the parties agreed that “Club E will be responsible for all solidarity payment according to FIFA transfer regulations”. 7. In its reply to the claim, dated 2 November 2012, Club C held that according to the transfer agreement concluded with Club E, Club E would be responsible for the distribution of the solidarity contribution to the player’s former clubs. Club C, however, did not request the involvement of Club E in the present proceedings. 8. After FIFA informed all the parties of the pertinent jurisprudence in this regard, Club E replied stating that because Club C is the new club, it had to pay the solidarity contribution to Club A in light of FIFA’s Regulations. II. Considerations of the DRC judge 1. First, the Dispute Resolution Chamber (DRC) judge (hereinafter: DRC judge) analysed whether he was competent to deal with the matter at stake. In this respect, he took note that the present matter was submitted to FIFA on 15 May 2012. Consequently, 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 matter at hand (cf. art. 21 of the 2015 edition of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 1 and 2 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (2015 edition), the DRC judge is competent to decide on the present matter, which concerns a dispute relating to the solidarity mechanism between clubs belonging to different associations, in connection with the international transfer of a professional player. 3. Furthermore, the DRC judge analysed which edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations) should be applicable to the substance of the matter. In this respect, the DRC judge referred on the one hand to art. 26 par. 1 and 2 of the Regulations (2015 edition), and on the other hand to the fact that the present claim was lodged on 15 May 2012 and that the player was registered with Club C on 15 July 2011, the 2010 edition of said regulations is applicable to the matter at hand. 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, DRC judge started by acknowledging all the aforementioned facts as well as the arguments and the documentation submitted by the parties. The DRC judge however emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand. 5. The DRC judge started by acknowledging that Club A is requesting the payment of 2.5% of the transfer compensation from Club C as solidarity contribution in connection with the international transfer of the professional player, Player G, from the club from country F, Club E. 6. Moreover, the DRC judge duly noted that according to the information contained on the TMS and the transfer agreement, the player was transferred to Club C on 15 July 2011 for the amount of EUR 700,000. 7. Furthermore, the DRC judge noted that Club C did not dispute Club A’s right to receive its portion of the solidarity contribution, but only claimed it should be paid by Club E, without however requesting the involvement of Club E in the present proceedings. 8. In continuation, the DRC judge emphasised that, as established in art. 21 in connection with Annex 5 of the Regulations, 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 to be distributed by the new club as solidarity contribution to the club(s) involved in the training and education of the player in proportion to the number of years the player has been registered with the relevant clubs between the sporting seasons of his 12th and 23rd birthday. 9. In this respect, the DRC judge took due note that the Football Association of country B confirmed that the Player G, born on 21 January 1983, was registered with the club from country B, Club A, between 20 September 1993 and 20 October 2001. 10. On account of the above and in accordance with art. 1 of Annex 5 of the Regulations, the DRC judge considered that Club A is thus entitled to receive solidarity contribution for the period of 20 September 1993 until 20 October 2011, i.e. for the entirety of the seasons of his 12th to his 18th birthday and for four months of the season of his 19th birthday. 11. In view of all of the above, the DRC judge decided to accept the claim of Club A and held that Club C is liable to pay the amount of EUR 17,500 to Club A as solidarity contribution in relation to the transfer of the player from Club E to Club C. 12. In continuation, 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 during the proceedings before the Dispute Resolution Chamber or the DRC judge relating to disputes regarding 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. 13. In this respect, the DRC judge reiterated that the claim of Club A is accepted and established that the Respondent has to bear the costs of the current proceedings in front of FIFA. 14. 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. 15. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 17,500 related to the claim of Club A. The DRC judge therefore concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 16. Considering that the claim of Club A was fully accepted and that Club C did not put forward any valid arguments for delaying the payment of the solidarity contribution to Club A, the Chamber determined the final amount of costs of the current proceedings as being CHF 5,000. 17. In view of all of the above, the DRC judge concluded that the amount of CHF 5,000 has to be paid by Club C to cover the costs of the present proceedings. III. Decision of the DRC judge 1. The claim of Club A is accepted. 2. Club C, has to pay to Club A the amount of EUR 17,500 within 30 days as from the date of notification of this decision. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, interest of 5% p.a. will fall due as of expiry of the stipulated time limit and 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 5,000 are to be paid by Club C within 30 days as from the date of the notification of the present decision, to FIFA to the following bank account with reference to case nr. xxxxxxxxxxxx: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. Club A is directed to inform Club C 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