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 (DRC) judge passed in Zurich, Switzerland, on 11 March 2011, by Mr Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club B, as Claimant against the club A, as Respondent regarding a dispute relating to solidarity contribution in connection with the transfer of the player L

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 (DRC) judge passed in Zurich, Switzerland, on 11 March 2011, by Mr Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club B, as Claimant against the club A, as Respondent regarding a dispute relating to solidarity contribution in connection with the transfer of the player L I. Facts of the case 1. The Football Federation P (hereinafter: FFP) confirmed that the player, L (hereinafter: player), born on 7 July 1982, was registered with its affiliated club, B (hereinafter: B or Claimant), as from 23 August 2002 until 24 August 2003 as an amateur. 2. The Football Federation P informed FIFA that, until the season 1999/2000, the sporting season in the country P ran as from 1 August until 31 July of the following year and that, since the season 2000/2001, the sporting season ran as from 1 July until 30 June of the following year. 3. According to a written statement transmitted by the Football Federation H (hereinafter: FFH) the player was registered with the club A (hereinafter: A or Respondent) on 7 February 2008. 4. A provided FIFA with a copy of the transfer agreement concluded in February 2008 with the club V for the transfer of said player, and which stipulates that the transfer compensation agreed upon amounted to EUR 350,000. 5. On 30 December 2008, the club B contacted FIFA, claiming its proportion of the solidarity contribution in connection with said transfer. In particular, the club B claimed the amount of EUR 1,759. 6. In spite of the fact that an agreement on the amount to be paid by club A to club B appeared to have been found, the club B informed FIFA that it never received any payment from the club A. 7. Despite having been invited to present its position, the Respondent did not submit any further comments. II. Considerations of the Dispute Resolution Chamber (DRC) judge 1. First of all, the DRC judge analysed whether he was competent to deal with the case at hand. In this respect, he first referred to art. 21 par. 1 and 2 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter: the Procedural Rules). The present matter was submitted to FIFA on 30 December 2008, thus after the aforementioned Rules entered into force on 1 July 2008. Therefore, the DRC judge concluded that the 2008 edition of the Procedural Rules is applicable to the matter at hand. 2. Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules, which states that the DRC judge shall examine its jurisdiction in the light of art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2009). In accordance with art. 24 par. 2 in connection with art. 22 lit. e) of the Regulations on the Status and Transfer of Players, the DRC judge is competent to decide on the present litigation relating to solidarity contribution between clubs belonging to different associations. 3. Furthermore, the DRC judge 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, he referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (editions 2009 and 2008) and, on the other hand, to the fact that the present claim was lodged on 30 December 2008 and that the player was registered for the Respondent on 7 February 2008. In view of the aforementioned, the DRC judge concluded that 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 DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter. In doing so, the DRC judge started by acknowledging the facts of the case as well as the documents contained in the file. 5. In continuation, the DRC judge went on to recall that according to art. 21 of the Regulations in combination with Annexe 5 of the Regulations, if a professional player 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 solidarity contribution 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 club(s) between the sporting seasons of his 12th and 23rd birthday. 6. In this respect, the DRC judge drew his attention to the fact that the Football Federation P confirmed that the player, born on 7 July 1982, was registered with the Claimant as from 23 August 2002 until 24 August 2003 as an amateur. 7. In addition to the above, the DRC judge took into account that according to the transfer contract concluded between the club, V, and the Respondent, the player was transferred for the amount of EUR 350,000. 8. Moreover, the DRC judge considered that the Claimant requested the payment of the amount of EUR 1,759 as solidarity contribution, corresponding to 10.05% of the proportion of 5% of the total transfer compensation paid by the Respondent to V. 9. Furthermore, the DRC judge duly noted that the Respondent transmitted a copy of the transfer agreement concluded with V, however without explaining its position regarding the claim at hand. 10. In this respect, the DRC judge took due note of the fact that the Claimant agreed on the information in accordance with which the transfer compensation paid in relation with the transfer of the player concerned is amounting to EUR 350,000. 11. What is more, the DRC judge also duly noted that the Respondent did not contest the Claimant’s right to receive solidarity contribution. 12. In light of the above, the DRC judge decided that the period of training and education to be taken into account corresponds to a total of 12 months. Consequently, he established that, in accordance with the breakdown provided for in art. 1 of Annexe 5 of the Regulations, the Claimant is entitled to receive 10% of 5% of the transfer compensation paid by the Respondent. 13. In view of all of the above, the DRC judge decided that the Claimant’s claim was partially accepted and that the Respondent has to pay to the Claimant the amount of EUR 1,750 as solidarity contribution, based on the transfer compensation of EUR 350,000, as claimed by the Claimant. 14. In continuation, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the DRC judge relating to disputes regarding the 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 DRC judge reiterated that the claim of the Claimant is partially accepted. Therefore, 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 1,759 related to the claim of the Claimant. Therefore, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A). 18. Considering that the case at hand did not involve specific legal complexity or show particular factual difficulty, but on the other hand did not allow to be dealt with following a reasonable procedure, the DRC judge determined the final amount of costs of the current proceedings to the amount of CHF 500. 19. In view of all of the above, the DRC judge concluded that the amount of CHF 500 has to be paid by the Respondent to FIFA to cover the costs of the present proceedings. III. Decision of the DRC judge 1. The claim of the Claimant, B, is partially accepted. 2. The Respondent, club A, has to pay to the Claimant, club B, the amount of EUR 1,750 within 30 days as from the date of notification of this decision. 3. If the aforementioned sum is not paid within the aforementioned time limit, an interest rate of 5% p.a. will apply on the said amount as of expiry of the fixed time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for its consideration and a formal decision. 4. Any further claim filed by the Claimant, club B, is rejected. 5. The final amount of costs of the proceedings in the amount of CHF 500 is to be paid by the Respondent, the club A, within 30 days of notification of the present decision to FIFA to the following bank account with reference to case no. [xxx XX- XXXXX]: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant, club B, is directed to inform the Respondent, club A, 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. 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 CH-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 DRC judge Jérôme Valcke General Secretary Encl. CAS directives