F.I.F.A. – Camera di Risoluzione delle Controversie (2011-2012) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2011-2012) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 7 September 2011, in the following composition: Geoff Thompson (England), Chairman Joaquim Evangelista (Portugal), member Ivan Gazidis (England), member on the claim presented by the club, B, as Claimant against the club, G, as Respondent regarding a dispute for solidarity contribution in connection with the transfer of the player P

F.I.F.A. - Camera di Risoluzione delle Controversie (2011-2012) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2011-2012) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 7 September 2011, in the following composition: Geoff Thompson (England), Chairman Joaquim Evangelista (Portugal), member Ivan Gazidis (England), member on the claim presented by the club, B, as Claimant against the club, G, as Respondent regarding a dispute for solidarity contribution in connection with the transfer of the player P I. Facts of the case 1. According to the player’s passport issued by the Football Association A (hereinafter: FFA), the country A player, P (hereinafter: the player), born on 5 February 1982, was registered with the country A club, B (hereinafter: the Claimant), as from 3 April 1991 until 31 July 2002. 2. The sporting season in country A runs as follows: - For amateurs (under 20 years of age) from January until December of the relevant year - For amateurs (20 years of age or more) and professionals from 1 July until 30 June of the following year. 3. The Football Federation I confirmed that the player was registered with its affiliated club, G (hereinafter: the Respondent), on 7 August 2009. 4. On 5 November 2010, the Claimant lodged a claim in front of FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from the country A club, J (hereinafter: Club J) to the Respondent, which allegedly took place on 30 July 2009 on the basis of a supposedly transfer compensation amounting to EUR 2,000,000. In particular, the Claimant claimed to be entitled to 65% of 5% of EUR 2,000,000, i.e. EUR 65,000, plus interest at a rate of 5% p.a. Moreover, the Claimant affirmed having received a partial payment from the Respondent in the amount of EUR 12,400 therefore the debt amount would have been EUR 52,600. 5. In reply to the claim, the Respondent argued that it is willing to pay the solidarity contribution to the Claimant on the basis of the transfer agreement concluded on 24 July 2009 with Club J, which stipulated that the transfer compensation would have been paid in four different instalments. In this respect, the Respondent declared having paid the amount of EUR 12,400.57 on 31 March 2010 and that the next payment would take place on 1 January 2011, or in any case not later than 31 March 2011, amounting to EUR 8,856.46. 6. Consequently, the Claimant remitted to our services its comments alleging that anyhow the amount of EUR 12,400.57 paid by the Respondent does not accord with the amount of solidarity contribution that itself would be entitled to. Additionally, the Claimant requested its FA, i.e. Football Association A, to provide FIFA with a copy of the transfer agreement concluded between Club J and the Respondent or to inform our services about the stipulations agreed on the transfer agreement. 7. On account of the afore-mentioned, the Football Association A informed our services that the transfer compensation accorded between Club J and the Respondent amounted to EUR 2,510,000 and that the stipulated payment conditions were the following: a. EUR 860,000, payable on the date of the transfer agreement’s signature; b. EUR 1,650,000, payable as follows: - EUR 250,000 to be paid on 1 January 2011; - EUR 650,000 to be paid on 1 July 2011; - EUR 750,000 to be paid on 1 December 2011. 8. Furthermore, in spite of having a successful fax transmission report, by means of which our services had effectively invited the Respondent to provide us with its final comments regarding the latest statement presented by the Claimant and its FA, Football Association A, the Respondent neither provided further positions nor replied during the course of the investigation. 9. Consequently, immediately after the closure of the investigation phase of the present matter, the Respondent contacted our services informing us that it did not receive our latest correspondence by means of which it has been invited to present its final comments. Additionally, the Respondent emphasized that, it did two payments towards the Claimant as follows; the first one on 31 March 2010 in the amount of EUR 12,400.57 and the second one in the amount of EUR 8,879.32 on 21 April 2011. 10. Moreover, upon request of our services, the Football Association A provided us with a copy of the transfer agreement concluded between Club J and the Respondent on 24 July 2009, which according to the clause 4 confirmed that the definitive transfer compensation amounted to EUR 2,510,000 payable pursuant the above-mentioned conditions. 11. Finally, the Claimant informed us that it received a second partial payment amounting to EUR 8,811.76 on 21 April 2011. II. Considerations of the Dispute Resolution Chamber (DRC) 1. First of all, the Dispute Resolution Chamber (hereinafter: DRC) 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 5 November 2010. Consequently, the 2008 edition of 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. 21 par. 2 and par. 3 of the Procedural Rules). 2. Subsequently, the DRC referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art. 22 lit. (d) of the Regulations on the Status and Transfer of Players (edition 2010) the DRC is competent to decide on the present litigation which is of an international dimension, does not contain complex factual or legal issues and concerns the distribution of solidarity contribution claimed by the Claimant in connection with the international transfer of the player to the Respondent. 3. Furthermore, and taking into consideration that the player was registered with his new club on 7 August 2009, the DRC 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 par. 2 of the Regulations on the Status and Transfer of Players (edition 2010) and considering that the present claim was lodged on 5 November 2010, the 2009 version of the said Regulations (hereinafter: the Regulations) is applicable to the present matter as to the substance. 4. In continuation, and entering into the substance of the matter, the DRC started by acknowledging that the Claimant is claiming the proportion of 65% of 5% of the transfer compensation paid in connection with the transfer of the player from Club J to the Respondent on 30 July 2009. 5. Moreover, the DRC duly noted that the Claimant asserted that the Respondent paid to Club J a transfer compensation in the amount of EUR 2,000,000 for the transfer of the player. 6. The DRC equally took note that, according to the transfer agreement remitted by Football Association A, which the Respondent and Club J concluded in connection with the player, the transfer compensation amounted to EUR 2,510,000 payable as follows: a. EUR 860,000, payable on the date of the transfer agreement’s signature; b. EUR 1,650,000, payable on the following dates: - EUR 250,000 to be paid on 1 January 2011; - EUR 650,000 to be paid on 1 July 2011; - EUR 750,000 to be paid on 1 December 2011. 7. Furthermore, the DRC acknowledged that pursuant to the player’s passport issued by Football Association A the player was registered with the Claimant as from 3 April 1991 until 31 July 2002 and that, according to the Football Federation I, the player’s date of registration with the Football Federation I was 7 August 2009. 8. In this regard, the DRC first referred to art. 21 and art. 1 of the Annex 5 of the Regulations, which stipulate that if a professional is transferred before the expiry of his contract, 5% of any compensation, with the exception of training compensation, paid to the player’s former club shall be deducted from the total amount of this compensation and 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 the player’s 12th and 23rd birthdays. 9. In continuation, the DRC noticed that the player’s birthday is on 5 February 1982 and that he was registered with the Claimant as from 3 April 1991 until 31 July 2002. Equally, the DRC took note that according to Football Association A the sporting season in country A for amateurs under 20 years corresponds to the calendar year and that for professionals and amateur over 20 years the season runs from 1 July to 30 June of the following year. 10. Additionally, the DRC recalled the fact that according to the transfer agreement concluded between club J and the Respondent, the transfer compensation in the amount of EUR 2,510,000 was payable in four different instalments as follows: - EUR 860,000 to be paid at the transfer agreement’s signature date; - EUR 250,000 to be paid on 1 January 2011; - EUR 650,000 to be paid on 1 July 2011; - EUR 750,000 to be paid on 1 December 2011. Consequently, the DRC took duly note that the transfer compensation, on which the solidarity contribution shall be deducted amounts effectively to EUR 1,760,000 (EUR 860,000 + EUR 250,000 + EUR 650,000), remarking that the last instalments to be paid on 1 December 2011 has not fallen due yet. 11. In this respect having established the aforementioned, the DRC observed that in the year 1994 the player turned 12, hence as from when the training and education of a player begins. Thus, in compliance with art. 1 of the Annex 5 of the Regulations, from 1 January 1994 until 31 December 1997 the Claimant would have been entitled to annually 5% of the 5% deducted from the transfer compensation, i.e. 20 % of the 5% of EUR 1,760,000, considering that during the mentioned period the player was less than 20 years old. 12. Moreover, making further reference to art. 1 of the Annex 5 of the Regulations, the DRC took duly note that as from 1 January 1998 until 31 December 2001 the Claimant would have been entitled to annually 10% of the 5% deducted from the transfer compensation, equal to 40% of the 5% of EUR 1,760,000, considering that during the latter mentioned period the player was still less than 20 years old. 13. In the foregoing, the DRC remarked that on 5 February 2002 the player turned 20 years old, thence, considering the provision of the Football Association A, according to which as from the player’s 20th year the sporting season changes from the calendar year one to the one running as from 1 July until 30 June of the following year as well as that the player celebrated his birthday before 1 July 2002, the player’s 20th birthday season would be the season 2001/2002. In this context, for the 6 months of the season 2001/2002, i.e. 1 January 2002 until 30 June 2002, that the player was registered with the Claimant, the Claimant would anyhow have been entitled to 10% of the 5% deducted from the transfer compensation, i.e.10% of the 5% of EUR 1,760,000, as if corresponding to the annual contribution. 14. With regards to the contents of the previous paragraph, the DRC argues that in similar cases, it always has to be taken into account that, at the end of the solidarity contribution period between the season of the player’s 12th and 23rd birthday, the accomplished solidarity compensation always amounts to 100%, independently of the dates of the sporting season. Therefore, it is obvious that in the present case the period from 1 July 2001 to 31 December 2011 is counted double but it also has to be noticed that on 30 June 2005 the distribution of the Solidarity Contribution would already terminate and not last until the end of the year 2005, as if it would do if the calendar year sporting season would be in force. Find the calculation table below as reference. Calculation with change of sporting season yearly Calculation without change of sporting season, e.g. calendar year yearly Years from to age % Years from to age % 1994 1 Jan. 31 Dec. 12° 5% 1994 1 Jan. 31 Dec. 12° 5% 1995 1 Jan. 31 Dec. 13° 5% 1995 1 Jan. 31 Dec. 13° 5% 1996 1 Jan. 31 Dec. 14° 5% 1996 1 Jan. 31 Dec. 14° 5% 1997 1 Jan. 31 Dec. 15° 5% 1997 1 Jan. 31 Dec. 15° 5% 1998 1 Jan. 31 Dec. 16° 10% 1998 1 Jan. 31 Dec. 16° 10% 1999 1 Jan. 31 Dec. 17° 10% 1999 1 Jan. 31 Dec. 17° 10% 2000 1 Jan. 31 Dec. 18° 10% 2000 1 Jan. 31 Dec. 18° 10% 2001 1 Jan. 31 Dec. 19° 10% 2001 1 Jan. 31 Dec. 19° 10% 2001/2002 1 July 30 June 20° 10% 2002 1 Jan. 31 Dec. 20° 10% 2002/2003 1 July 30 June 21° 10% 2003* 1 Jan. 31 Dec. 21° 10% 2003/2004* 1 July 30 June 22° 10% 2004* 1 Jan. 31 Dec. 22° 10% 2004/2005* 1 July 30 June 23° 10% 2005* 1 Jan. 31 Dec. 23° 10% Total 100% Total 100% *Not corresponding to the Claimant. 15. Finally, for the period between 1 July 2002 and 26 July 2002, according to art.1 of the Annex 5 of the Regulations as well as that the DRC considers a full accomplished month as from the 15th day of every month, the Claimant would have been entitled to 0.83% of the 5% deducted from the transfer compensation, equal to 0.83% of the 5% of EUR 1,760,000. 16. On account of the above considerations, the DRC judge established that, in principle, the Claimant would have been entitled to 70.83% of the 5% of the transfer compensation, i.e. 70.83% of the 5% of EUR 1,760,000 equal to EUR 62,330.40. 17. However, in compliance with the claim received from the Claimant, the DRC recalled that the Claimant limited its claim to 65% of the 5% of the total transfer compensation. Therefore based on the principle of ne ultra petita, the Claimant would be entitled to 65% of 5% of EUR 1,760,000, i.e. EUR 57,200. 18. In this respect, the DRC remarked that it was undisputed between the parties that the Respondent effectuated a payment on 31 March 2010 in the amount of EUR 12,400.57 as well as a second payment on 21 April 2011 amounting to EUR 8,811.76. Thus the DRC decided that the Respondent is liable to pay to the Claimant the amount of EUR 35,987.67 (EUR 57,200 - EUR 12,400.57 - EUR 8,811.76). 19. Furthermore, the DRC took duly note that the Claimant requested a default interest of 5% p.a. In this context, according to the art. 2 par. 1 of the Annex 5 of the Regulations and considering the aforementioned partial payments accomplished by the Respondent as well as the instalments stipulated on the transfer agreement concluded between club J and the Respondent, the DRC decided that the Respondent has to pay a default interest of 5% p.a. as follows: - 5% on EUR 27,950, equal to the proportion of 65% of 5% of the first instalment amounting to EUR 860,000 to be paid at the transfer agreement’s signature date on 24 July 2009, therefore, the above-mentioned interest is due as of 24 August 2009 until 31 March 2011, namely, when the remittance of the first partial payment in the amount of EUR 12,400.57 has been paid; - 5% on EUR 15,549.43 (i.e. EUR 27,950 - EUR 12,400.57 paid on 31 March 2010), as of 1 April 2010 until 21 April 2011, namely, when the remittance of the second partial payment in the amount of EUR 8,811.76 has been paid; - 5% on EUR 6,737.67 (i.e. EUR 15,549.43 - EUR 8,811.76 paid on 21 April 2011), as of 22 April 2011 until the date of effective payment; - 5% on EUR 8,125, equal to the proportion of 65% of 5% of the second instalment amounting to EUR 250,000 to be paid on 1 January 2011, therefore, the aforesaid interest is due as of 1 February 2011 until the date of the effective payment; - 5% of EUR 21,125, equal to the proportion of 65% of 5% of the third instalment amounting to EUR 650,000 to be paid on 1 July 2011, therefore, the interest is due as of 1 August 2011 until the date of the effective payment. 20. Finally, the DRC referred to art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the DRC relating to disputes regarding solidarity contribution, 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. 21. 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. 22. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 35,987.67 related to the claim of the Claimant. Consequently, the DRC concluded that the maximum amount of costs of the proceedings corresponded to CHF 5,000 (cf. table in Annexe A). 23. Considering that the case at hand allowed to be dealt with following a reasonable procedure, but that it did pose considerable factual difficulty and that it was adjudicated by the Dispute Resolution Chamber in corpore, the DRC determined that the final costs of the current proceedings amounts to CHF 3,000. 24. In view of the above, the DRC reiterated that the claim of the Claimant is partially accepted. Therefore, the Chamber decided that the Respondent has to pay the total amount of costs of the proceedings of CHF 3,000. 25. In this respect, the Chamber also took into account that the Claimant had already paid the amount of CHF 2,000 at the outset of the present proceedings as advance of costs. 26. Considering the previous paragraph, the Chamber decided that the Respondent has to pay an amount of CHF 1,000 to FIFA, to cover the costs of the proceedings, and the amount of CHF 2,000 directly to the Claimant, as reimbursement of the advance of costs. 27. The DRC judge concluded his deliberations by rejecting any further claim of the Claimant. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club B, is partially accepted. 2. The Respondent, Club G, has to pay to the Claimant, Club B, the amount of EUR 35,987.67 within 30 days as from the date of notification of this decision. 3. Within the same time limit, the Respondent, Club G has to pay to the Claimant, Club B, default interest of 5% p.a. on each of the following partial amounts: - on EUR 27,950, as of 24 August 2009 until 31 March 2010; - on EUR 15,549.43, as of 1 April 2010 until 21 April 2011; - on EUR 6,737.67, as of 22 April 2011 until the date of effective payment; - on EUR 8,125, as of 1 February 2011 until the date of the effective payment; - on EUR 21,125, as of 1 August 2011 until the date of the effective payment. 4. If the aforementioned amount plus interest is not paid within the aforementioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 5. Any further claims lodged by the Claimant, Club B, are rejected. 6. The final amount of costs of the proceeding in the amount of CHF 3,000 is to be paid by the Respondent, Club G, within 30 days as from the date of notification of the present decision, as follows: 6.1 The amount of CHF 1,000 to FIFA, to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6.2 The amount of CHF 2,000 to the Claimant, Club B. 7. The Claimant, Club B, is directed to inform the Respondent, Club G immediately and directly of the account number to which the remittance of the amounts under the points 2, 3 and 6.2 are 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 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