F.I.F.A. – Camera di Risoluzione delle Controversie (2010-2011) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2010-2011) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 29 September 2010, in the following composition: Slim Aloulou (Tunisia), Chairman Philippe Piat (France), member Mario Gallavotti (Italy), member on a matter between the club Association A and the club Club N and the club Club S as Intervening party regarding the distribution of solidarity contribution related to the transfer of the player R.

F.I.F.A. - Camera di Risoluzione delle Controversie (2010-2011) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2010-2011) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 29 September 2010, in the following composition: Slim Aloulou (Tunisia), Chairman Philippe Piat (France), member Mario Gallavotti (Italy), member on a matter between the club Association A and the club Club N and the club Club S as Intervening party regarding the distribution of solidarity contribution related to the transfer of the player R. I. Facts of the case 1. According to the player passport issued by the Football Confederation B (hereinafter: FCB), the player, R from country B (hereinafter: the player), born on 7 January 1985, was registered for the club, Association A (hereinafter: A), from 8 June 1999 until 8 October 2001 as an amateur, from 9 October 2001 until 4 February 2003, from 24 February 2003 until 25 May 2005 and from 1 March 2007 until 21 August 2007 as a professional. 2. The sporting season in country B starts on 1 January and ends on 31 December of the respective year. 3. According to the written confirmation of the Football Association U (hereinafter: FAU), the player was registered for the club A (hereinafter: A) on 21 August 2007. 4. On 3 July 2009, club A contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player concerned on a loan basis from the club S (hereinafter: S) to N for an alleged loan compensation of USD 600,000. 5. On account of the above, the club A requested 55.74% of 5% of the transfer compensation as solidarity contribution, corresponding to USD 16’722, plus 5% default interest. 6. On 6 April 2010, the club N contacted FIFA stating that it had transferred the player from country B on loan basis and, in this regard, paid the full loan fee of USD 300,000 to the former club S and thus did not deduct 5% for the contribution. Furthermore, N claimed that the employment contract with the player had been terminated by mutual agreement on 29 January 2008 by the player and the club N, and that the club N undertook to pay the player the amount of USD 100,000 and two business class air tickets to the country B. 7. On 16 April 2010, FIFA informed all the parties of its jurisprudence, in accordance with which the player’s new club is ordered to remit the relevant proportion(s) of the 5% solidarity contribution to the club(s) involved in the player’s training in strict application of the relevant provisions of the Regulations on the Status and Transfer of Players. At the same time, the player’s former club is ordered to reimburse the same proportion(s) of the 5% of the compensation that it received from the player’s new club. In conformity with the above-mentioned jurisprudence, FIFA invited the club N to distribute the relevant proportion of the 5% solidarity contribution of the transfer compensation to the club A, and the club S to reimburse the club N the relevant proportion of the 5% of the amount of compensation agreed. 8. On 25 June 2010, FIFA invited the club N to provide its services with a copy of the relevant transfer agreement, at the basis of the present dispute, signed between the club N and the club S and referred it, in this respect, to the well-established jurisprudence of the Dispute Resolution Chamber. 9. However, the club N adhered to its previous position without submitting a copy of the relevant loan agreement. 10. The club S did not submit any comments to FIFA. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (also referred as the Chamber) analysed whether it was competent to deal with the present matter. In this respect, the Chamber took note that the present matter was submitted to FIFA on 3 July 2009. 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 the matter at hand (cf. art. 21 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 and 2 in connection with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2009), the Dispute Resolution Chamber shall adjudicate, in the presence of at least three members including the Chairman, on disputes relating to the solidarity mechanism between clubs belonging to different associations. As a consequence, the Dispute Resolution Chamber confirmed that it was competent to decide on the present litigation concerning the distribution of the solidarity contribution in connection with the international transfer of the player R, from the club S to the club N. 3. Furthermore, and taking into consideration that the player was registered for the Respondent on 21 August 2007, and that the present claim was lodged before FIFA on 3 July 2009, 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 (editions 2009 and 2008) the 2008 edition of the Regulations on the Status and Transfer of Players (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 went on to duly analyse all of the documentation presented in the matter at hand by the parties during the investigation into the present matter and concluded that the Chamber is not in the position to accurately deal with the present matter on the basis of the documents currently in its possession. 5. The Chamber noted in particular that the relevant file does not contain a copy of the agreement that was evidently concluded by and between the club N and the club S in connection with the international transfer of the player R. 6. Therefore, the Dispute Resolution Chamber decided that the club N must send to FIFA a copy of the agreement signed by and between the said parties over the transfer of the player R. III. Decision of the Dispute Resolution Chamber 1. The club N must send to FIFA a copy of the relevant transfer agreement signed between it and the player’s, R, former club, S, in connection with the transfer of the player, R, within 30 days as from the date of notification of the present decision. 2. Should the relevant transfer agreement not be sent to FIFA within the stated time- limit, the present matter will immediately be submitted to the FIFA Disciplinary Committee for consideration and a formal decision. Note relating to the motivated decision (legal remedy): According to art. 63 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 www.tas-cas.org For the Dispute Resolution Chamber: Jérôme Valcke Secretary General Encl. CAS directives