F.I.F.A. – Camera di Risoluzione delle Controversie (2007-2008) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2007-2008) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 March 2008, in the following composition: ALOULOU Slim (Tunisia), Chairman MC GUIRE Mick (England), member GALLAVOTTI Mario (Italy), member MARTORELLI Rinaldo (Brazil), member SALEH AL HOUSANI Essa M. (United Arab Emirates), member on the claim presented by the club AAA, Xxx, as Claimant against the club BBB, Xxx, as Respondent regarding the solidarity contribution for the transfer of the player DDD

F.I.F.A. - Camera di Risoluzione delle Controversie (2007-2008) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2007-2008) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 March 2008, in the following composition: ALOULOU Slim (Tunisia), Chairman MC GUIRE Mick (England), member GALLAVOTTI Mario (Italy), member MARTORELLI Rinaldo (Brazil), member SALEH AL HOUSANI Essa M. (United Arab Emirates), member on the claim presented by the club AAA, Xxx, as Claimant against the club BBB, Xxx, as Respondent regarding the solidarity contribution for the transfer of the player DDD I. Facts of the case 1. According to the official confirmation of the Xxx Football Federation the Xxx player, DDD (hereinafter: the player), born on 15 July 1976, was registered for the Xxx club, AAA (hereinafter: the Claimant), from 4 October 1991 until 30 June 1992, from 29 August 1997 until 30 June 1998 and from 15 July 1998 until 20 August 1999. 2. On 5 August 2004, the player was transferred from the Xxx club, CCC, to the Xxx club, BBB (hereinafter: the Respondent), for a transfer compensation in the amount of EUR 3,500,000, payable in one instalment of EUR 1,000,000, on 9 August 2004, and four equal instalments of EUR 625,000, the first one on 31 January 2005, the second one on 31 August 2005, the third one on 31 January 2006 and the fourth one on 31 August 2006. 3. On 13 August 2004, the player was registered at the Xxx Football Federation for its affiliated club, the Respondent. 4. On 29 December 2005, the Claimant lodged a claim at FIFA against the Respondent. In particular, the Claimant claimed 1.5% of the transfer compensation which was paid for the relevant transfer of the player as solidarity contribution plus default interest at a rate of 5% as from the moment on which the payment fell due. 5. In its response, based on the confirmation of the player’s career history meanwhile provided by the Xxx Football Federation, the Respondent agreed to pay the amount of EUR 37,135 to the Claimant. 6. Subsequently, the Claimant emphasised that it maintained his principal claim and, therefore, requested that the matter at hand should be brought before the Dispute Resolution Chamber for consideration and a formal decision. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber analysed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 29 December 2005. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2005; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 18 par. 2 and 3 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 combination with art. 22 lit. (d) of the Regulations on the Status and Transfer of Players (edition 2008) the Dispute Resolution Chamber is competent to decide on the present litigation with an international dimension concerning the distribution of the solidarity contribution claimed by the Claimant in connection with the transfer of the professional player, Juan Francisco Garcia Garcia, during the course of a contract. 3. Furthermore, and taking into consideration that the player was registered with his new club on 13 August 2004, the Chamber analysed which regulations should be applicable as to the substance of the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2008) the 2001 edition of the regulations (hereinafter: the 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. The members of the Chamber started by acknowledging that the Claimant claims 1,5% of the relevant transfer compensation paid, i.e. the amount of EUR 52,500, as solidarity contribution plus default interest at a rate of 5% as from the moment on which the payment fell due. 5. In this regard, the Chamber took note that, in the meantime the Respondent had agreed to pay the amount of EUR 37,135 as solidarity contribution to the Claimant. Furthermore, the Chamber noted that the Claimant had not accepted this amount as being the one due as solidarity contribution but requested that the matter should be submitted to the Dispute Resolution Chamber for a formal decision. 6. As a result of the above, the Chamber concluded that with regard to the amount payable as solidarity contribution no agreement had been reached between the Claimant and the Respondent. 7. Consequently, the Chamber referred to art. 10 of the Regulations governing the Application of the Regulations, which provides the figures for the distribution of the solidarity contribution, according to the period of time the player was effectively trained by the clubs involved. 8. In the present case, the Chamber outlined that according to the confirmation of the Xxx Football Federation the period to be taken into consideration (period of the player’s registration for the Claimant) went from 4 October 1991 until 30 June 1992, from 29 August 1997 until 30 June 1998 and from 15 July 1998 until 20 August 1999, when the player was between the ages of 15 and 23. In this respect, the Chamber concluded that the period of effective training to be taken into account corresponds to 3 months in the year 1991, 6 months in the year 1992, 4 months in the year 1997, 12 months in the year 1998 and 8 months in the year 1999, overall 2 years and 9 months. 9. Therefore, the Chamber established that, in accordance with the breakdown provided for in art. 10 of the Regulations governing the Application of the Regulations the Claimant is entitled to receive 27,5% of the 5% of the compensation paid in relation to the transfer of the player. 10. In this regard, the Chamber acknowledged that the Player was transferred for the amount of EUR 3,500,000. 11. In view of all of the above, the Dispute Resolution Chamber decided that the Respondent has to pay to the Claimant the amount of EUR 48,125 as solidarity contribution. 12. Moreover, the Chamber decided that the Claimant should be awarded, in accordance with its request, the claimed default interest at a rate of 5% per year. In this respect, the Chamber referred to the relevant jurisprudence of the Dispute Resolution Chamber relating to the Solidarity Mechanism under the 2001 edition of the Regulations, stating that, in case of a transfer compensation paid in instalments, the solidarity contribution relating to each instalment shall be paid within 30 days of the due date of the respective instalment. 13. As a consequence, the Chamber decided that the Respondent has to pay 5% interest per year on the relevant solidarity contribution amounts, i.e. EUR 13,750 for the first instalment and EUR 8,593,75 for each of the four remaining instalments, starting on the day following the due date of the relevant partial solidarity contribution payment (i.e. 30 days after the due date of each instalment as per the transfer agreement) and applicable until the effective date of payment to the Claimant. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, AAA, is partially accepted. 2. The Respondent, BBB, must pay to the Claimant, AAA, the amount of EUR 48,125 plus default interest at a rate of 5% per year as from the due dates of the respective solidarity contribution contingent payments until the date of the effective payment, within 30 days as from the date of notification of this decision. 3. In the event that the above-mentioned amount is not paid within the stated deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee, so that the necessary disciplinary sanctions may be imposed. 4. Any further claim of the Claimant, AAA, is rejected. 5. The Claimant, AAA, is instructed to inform the Respondent, BBB, 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. 61 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: Jérôme Valcke Secretary General Encl. CAS directives