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 26 November 2015, in the following composition: Geoff Thompson (England), Chairman John Bramhall (England), member Leonardo Grosso (Italy), member Philippe Diallo (France), member Mohamed Mecherara (Algeria), member 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 Dispute Resolution Chamber passed in Zurich, Switzerland, on 26 November 2015, in the following composition: Geoff Thompson (England), Chairman John Bramhall (England), member Leonardo Grosso (Italy), member Philippe Diallo (France), member Mohamed Mecherara (Algeria), member 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 of country B, the player from country B, Player E (hereinafter: the player), born on 11 June 1984, was registered with the following clubs from country B: Club F from 18 May 1995 until 10 March 1999; Club A (hereinafter: the Claimant) from 6 August 1999 until 21 February 2001; Club G from 10 May 2001 until 16 July 2004. 2. The Football Association of country B also confirmed that the sporting season in country B followed the calendar year. 3. The Football Association of country D informed FIFA that the player was registered with its affiliated club, Club C (hereinafter: the Respondent), on 25 July 2013. 4. On 3 October 2014, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from the club from country H, Club I, to the Respondent. In this respect, the Claimant requested 0.80% of the transfer compensation, plus 5% interest p.a. since August 2013. 5. Pursuant to the transfer agreement uploaded in the Transfer Matching System (TMS), the transfer compensation agreed upon between Club I and the Respondent amounted to EUR 7,120,000 net, payable on 15 August 2013 by the Respondent. 6. Art. 2.1 of the transfer agreement stated that the aforementioned amount included the 5% solidarity contribution. 7. In spite of having been invited to do so, the Respondent did not provide its comments as per the Claimant’s claim. 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 3 October 2014. Consequently, the 2014 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 2015), 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 2015) and, on the other hand, to the fact that the present claim was lodged on 3 October 2014 and that the player was registered with the Respondent on 25 July 2013. In view of the aforementioned, the Chamber confirmed that the 2012 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 DRC 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 DRC 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 0.80% of the total transfer compensation paid by the Respondent to Club I, as solidarity contribution. 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 information contained in the TMS, the Respondent and Club I agreed upon a compensation of EUR 7,120,000 net for the transfer of the player payable by the Respondent on 15 August 2013. 7. Furthermore, the DRC 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 deemed that, in this way, the Respondent renounced to its right of defence and therefore accepted the allegations of the Claimant. 8. As a consequence of the aforementioned consideration, the DRC established that, in accordance with art. 9 par. 3 of the Procedural Rules, it 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. 9. Having established the above, the DRC 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. 10. In this respect, the DRC recalled that the Football Association of country B had confirmed that the player, born on 11 June 1984, was registered with the Claimant as from 6 August 1999 until 21 February 2001. 11. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the Chamber considered that the Claimant is, thus, entitled to receive solidarity contribution for the period as from 6 August 1999 until 21 February 2001, i.e. for 5 months of the season of the player’s 15th birthday and for 12 months of the season of the player’s 16th and 17th birthday. 12. In view of all of the above, the Chamber decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay EUR 48,914.4 to the Claimant as solidarity contribution in relation to the transfer of the player from Club I to the Respondent. 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 DRC decided that the Respondent has to pay, in conformity with the longstanding and well-established jurisprudence of the DRC, interest at a rate of 5% p.a. as of 25 August 2013 until the date of effective payment. 14. In continuation, the deciding authority 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 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. 15. In this respect, the Chamber reiterated that the claim of the Claimant is partially accepted and established that the Respondent has to bear the costs of the current proceedings in front of FIFA. 16. 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. 17. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 56,960 related to the claim of the Claimant. Therefore, the DRC concluded that the maximum amount of costs of the proceedings corresponds to CHF 10,000 (cf. table in Annexe A). 18. As a result, and taking into account the particularities of the present matter, the degree of success as well as the fact that the Respondent had not replied to the claim, the DRC determined the costs of the current proceedings to the amount of CHF 10,000, which shall be borne by the Respondent. 19. The Dispute Resolution Chamber concluded its deliberations in the present matter by establishing that any further claim lodged by the Claimant is rejected. 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 of the date of notification of this decision, the amount of EUR 48,914.4 plus 5% interest p.a. as from 25 August 2013 until the date of effective payment. 3. In the event that the aforementioned amount 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 10,000 are to be paid, within 30 days of notification of the present decision by the Respondent to FIFA to the following bank account with reference to case nr. XXXX: 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: Markus Kattner Acting Secretary General Encl. CAS directives