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 passed in Zurich, Switzerland, on 17 June 2016, in the following composition: Geoff Thompson (England), Chairman Theodore Giannikos (Greece), member Carlos González Puche (Colombia), member on the claim presented by the club, S, from M as Claimant against the club, E, from L, represented by Mr xxxxx as Respondent regarding a solidarity contribution dispute related to the transfer of the player B 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 passed in Zurich, Switzerland, on 17 June 2016, in the following composition: Geoff Thompson (England), Chairman Theodore Giannikos (Greece), member Carlos González Puche (Colombia), member on the claim presented by the club, S, from M as Claimant against the club, E, from L, represented by Mr xxxxx as Respondent regarding a solidarity contribution dispute related to the transfer of the player B I. Facts of the case 1. According to the player passport issued by the Football Association of M, the player, B (hereinafter: the player), born on 1 May 1986, was registered with its affiliated club, S (hereinafter: the Claimant), as follows: - As from 27 July 2007 until 31 May 2008; - As from 26 July 2008 until 31 May 2009; - As from 8 July 2010 until 31 May 2011. 2. The relevant sporting seasons ran as follows: - 2007-08 season: as from 3 August 2007 until 1 June 2008; - 2008-09 season: as from 26 July 2008 until 31 May 2009; - 2010-11 season: as from 23 July 2010 until 22 May 2011. 3. The Football Association of L confirmed that the player was registered with its affiliate, E (hereinafter: the Respondent), on 28 July 2013. 4. According to the information contained in the Transfer Matching System (TMS), on 5 July 2013, A and the Respondent agreed on a transfer compensation of EUR 8,000,000 for the transfer of the player, payable as follows: - EUR 4,000,000 upon signing the contract; - EUR 4,000,000 on 30 November 2013 5. Nevertheless, and following the player’s passing away on 29 July 2013, A and the Respondent reached a settlement agreement according to which, in addition to the amount of EUR 4,000,000 already paid on 18 July 2013, the Respondent committed to pay EUR 4,000,000 plus EUR 20,000 as legal costs to A, as follows: - EUR 2,020,000 on 15 October 2014; - EUR 1,000,000 on 15 January 2015; - EUR 1,000,000 on 15 March 2015. 6. On 9 September 2013, the Claimant contacted FIFA asking for its proportion of the solidarity contribution derived from the transfer of the player concerned from A to the Respondent. In particular, the Claimant claimed that it is entitled to 30% of the 5% of EUR 8,000,000, i.e. EUR 120,000. 7. In its reply to the Claimant’ claim, the Respondent explains that it paid 100% of the transfer compensation agreed to A and therefore requested the reimbursement of the 5% corresponding to the solidarity contribution by the latter club. 8. In addition, the Respondent sustains that in accordance with the player passport, the Claimant would be entitled to receive the amount of EUR 68,729.10 as solidarity contribution. 9. In its replica, the Claimant reiterates that it is entitled to receive 30% of the 5% of EUR 8,000,000, i.e. EUR 120,000. 10. On 14 March 2016, the Respondent informed FIFA that it had received the reimbursement of the 5% of solidarity contribution from A. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the Chamber took note that the present matter was submitted to FIFA on 9 September 2013. Consequently, the 2012 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 members of the Chamber referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 in conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2016), the Dispute Resolution Chamber is competent to decide on the present matter, which concerns a dispute relating to the solidarity mechanism between clubs belonging to different associations. 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 members referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2016) and, on the other hand, to the fact that the present claim was lodged on 9 September 2013 and that the player was registered with the Respondent on 28 July 2013. In view of the aforementioned, the Chamber confirmed that the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Chamber and the applicable regulations having been established, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. However, the Chamber emphasised that in the following considerations it will refer only to the facts, arguments and documentary evidence, which it considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC noted that the Claimant claimed the payment of the amount of EUR 120,000 as solidarity contribution from the Respondent, corresponding to 30% of the 5% of EUR 8,000,000. 6. In addition to the above, and referring to art. 6 par. 3 of Annexe 3 of the Regulations, the Chamber took into account that according to the transfer agreement as well as the subsequent settlement agreement concluded between A and the Respondent, both parties eventually agreed upon a total compensation of EUR 8,020,000 for the transfer of the player. 7. Furthermore, the DRC noted that the Respondent, for its part, does not dispute that the Claimant would be entitled to solidarity contribution, however alleges that the Claimant is only entitled to EUR 68,729.10. 8. Having established the above, the Chamber 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. 9. In this respect, the DRC recalled that the Football Association of M had confirmed that the player, born on 1 May 1986, was registered with the Claimant during the following periods of time: as from 27 July 2007 until 31 May 2008, as from 26 July 2008 until 31 May 2009, and as from 8 July 2010 until 31 May 2011. 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 periods as from 27 July 2007 until 31 May 2008 and as from 26 July 2008 until 31 May 2009, i.e. for 10 months of the season of the player’s 22nd birthday and for 10 months of the season of his 23rd birthday. Regarding the registration of the player as from 8 July 2010 until 31 May 2011, the Chamber pointed out that it corresponds to the season of the player’s 25 th birthday and can therefore not be taken into account in order to determine the amount due as solidarity contribution. Consequently, and in terms of the percentage of the 5% solidarity contribution, the Chamber calculated that, on a pro rata basis, this corresponds to 16.66% of 5% as opposed to the 30% of 5% claimed by the Claimant. 11. In view of all of the above, the DRC decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 66,806.60 to the Claimant as solidarity contribution in relation to the transfer of the player from A to the Respondent. 12. Lastly, the Chamber 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, costs in the maximum amount of CHF 25’000 are levied. It is further stipulated that the costs are to be borne in consideration of the parties’ degree of success in the proceedings and 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. 13. In respect of the above, the Chamber held that the amount to be taken into consideration in the present proceedings is EUR 120,000 related to the claim of the Claimant. Consequently, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to CHF 15,000 (cf. table in Annex A). 14. As a result, and taking into account the particularities of the present matter as well as the degree of success, the Chamber determined the costs of the current proceedings to the amount of CHF 12,000, of which the amount of CHF 6,000 shall be borne by the Claimant and the amount of CHF 6,000 by the Respondent. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant is partially accepted. 2. The Respondent has to pay to the Claimant within 30 days as from the date of notification of this decision, the amount of EUR 66,806.60. 3. In the event that the aforementioned amount is not paid within the stated time limit, interest at the rate of 5% p.a. will apply as of the expiry of the stipulated time limit and the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for its 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 12,000 are to be paid within 30 days as from the date of notification of the present decision, as follows: 5.1. The amount of CHF 6,000 by the Respondent to FIFA. 5.2. The amount of CHF 6,000 by the Claimant to FIFA. Given that the Claimant has already paid the amount of CHF 3,000 as advance of costs at the start of the present proceedings, the amount of CHF 3,000 has to be paid to FIFA. 5.3. The amounts referred to in the above-mentioned points 5.1. and 5.2. have to be paid to the following bank account with reference to case: 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 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: Marco Villiger Deputy Secretary General Enclosed: CAS directives