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 MARTORELLI Rinaldo (Brazil), member GALLAVOTTI Mario (Italy), 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 CCC

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 MARTORELLI Rinaldo (Brazil), member GALLAVOTTI Mario (Italy), 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 CCC I. Facts of the case 1. According to an official confirmation issued by the Xxx Football Federation the Xxx player, CCC (hereinafter; the player), born on 7 March 1977, was registered with the Xxx club, AAA (hereinafter: the Claimant), from 15 January 1990 until 22 November 1994. The season in Xxx starts in July and ends in June of the following year. 2. In January 2006, the player was transferred from the Xxx club, DDD, to the Xxx club, BBB (hereinafter: the Respondent), for an alleged transfer compensation in the amount of EUR 2,000,000. 3. On 20 January 2006, the player was registered at the Xxx Football Federation for its affiliated club, the Respondent. 4. On 1 September 2006, the Claimant lodged a claim at FIFA against the Respondent. In particular, the Claimant claimed the amount of EUR 40,000 as solidarity contribution, corresponding to 40% of 5% of the compensation allegedly paid for the relevant transfer of the player. 5. The Respondent omitted to expose its position to the claim lodged by the Claimant, despite having been invited to do so by FIFA on 2 November 2006 and 16 March 2007. 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 1 September 2006. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (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, CCC, during the course of a contract. 3. Furthermore, and taking into consideration that the player was registered with his new club on 20 January 2006, 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), and considering that the present claim was lodged on 1 September 2006, the previous version of the regulations (edition 2005; 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. The members of the Chamber started by acknowledging that the Claimant claims 40% of 5% of the transfer compensation in the amount of EUR 2,000,000 allegedly paid by the Respondent to DDD, i.e. the amount of EUR 40,000, as solidarity contribution. 5. In continuation, the members of the Chamber emphasised that, as established in art. 21 of the Regulations in connection with annex 5 of the Regulations, the new club of the player shall distribute 5% of any compensation, with the exception of training compensation, paid to the player’s former club 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 birthdays. 6. In this regard, the Chamber observed that the Respondent never took position in the dispute, despite having been asked to do so by FIFA on several occasions, and underlined that in this way the Respondent renounced to its right to defence. As a consequence, the Chamber deemed that the Respondent accepted the allegation of the Claimant as to the amount paid as transfer compensation in the amount of EUR 2,000,000. 7. Furthermore, the Chamber outlined that the period to be taken into consideration has to be determined in accordance with the confirmation issued by the Xxx Football Federation. 8. In this respect, the Chamber acknowledged that the player was registered for the Claimant from 15 January 1990 until 22 November 1994, i.e. during 6 months of the season 1989/1990 (the season of his 13th birthday), the entire season 1990/1991 (the season of his 14th birthday), the entire season 1991/1992 (the season of his 15th birthday), the entire season 1992/1993 (the season of his 16th birthday), the entire season 1993/1994 (the season of his 17th birthday) and 5 months of the season 1994/1995 (the season of his 18th birthday). 9. In view of all of the above, the Chamber concluded that the Claimant is entitled to receive the proportion of 36,66% of 5% of the amount of EUR 2,000,000 as solidarity contribution. Therefore, the Chamber decided that the Respondent must pay to the Claimant the amount of EUR 36,660 and thus the Claimant’s claim is partially accepted. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, AAA, is partially accepted. 2. The Respondent, BBB, must pay the amount of EUR 36,660 to the Claimant, AAA, 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, an interest rate of 5% per year will apply as of expiry of the aforementioned time limit and 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: Markus Kattner Deputy Secretary General Encl. CAS directives