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 1 March 2012, in the following composition: Geoff Thompson (England), Chairman Michele Colucci (Italy), member Johan van Gaalen (South Africa), member Ivan Gazidis (England), member Mohamed Mecherara (Algeria), member on the claim presented by the club, Club A, from country P, as Claimant against the club, Club B, from country Q as Respondent regarding a solidarity contribution dispute in connection with the transfer of the player A

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 1 March 2012, in the following composition: Geoff Thompson (England), Chairman Michele Colucci (Italy), member Johan van Gaalen (South Africa), member Ivan Gazidis (England), member Mohamed Mecherara (Algeria), member on the claim presented by the club, Club A, from country P, as Claimant against the club, Club B, from country Q as Respondent regarding a solidarity contribution dispute in connection with the transfer of the player A I. Facts of the case 1. In accordance with the player passport issued by the country P Football Federation the country P player A (hereinafter: the player), was registered as an amateur with the club A from country P (hereinafter: the Claimant), as from 30 March 1995 until 3 September 1998. 2. The season in the country P Football Federation runs from 1 August until 31 July of the following year. 3. According to the country B Football Federation, the player was registered with its affiliated club, Club B (hereinafter: the Respondent), on 1 February 2006. 4. On 27 March 2007, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from Club C, from country P, to the Respondent in January 2006 for the alleged amount of EUR 50,000. In particular, the Claimant requested the payment of an amount of EUR 2,500 corresponding to 5% of the pertinent transfer compensation as well as the payment of default interest. 5. On 5 April 2007, the Respondent held to be willing to pay the amount of EUR 1,000 as solidarity contribution and only awaiting for an invoice with the Claimant’s bank details. 6. On 30 October 2007, the Claimant submitted its comments accepting to receive the amount of EUR 1,000 as solidarity contribution. 7. On 18 February 2008, the Respondent informed FIFA that the relevant payment had been done in favour of the Claimant, attaching a copy of a “bank order” dated 28 November 2007. 8. Subsequently, the Claimant denied having received the relevant payment of EUR 1,000 and submitted a statement from its bank confirming that, in the period between 15 November 2007 and 31 December 2007, there had been no credit transfer amounting to EUR 1,000 transferred to its account. 9. In this regard, the Claimant raised the issue that in accordance with the copy of the “bank order”, the Respondent requested the payment to the account number of the Claimant, but wrongly put as beneficiary of such transfer the legal representative of the Claimant, which does not correspond to the account holder. The Claimant held that because of this discrepancy, the transfer was not completed and the payment was never received, thus insisting on receiving the amount of EUR 1,000 plus interest at 5% per annum “since the 30th day of the transfer”. 10. Even though the Respondent was invited to provide its final comments, the Respondent failed to do so as well as to submit any further evidence regarding the alleged payment in question. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter referred to as DRC or the Chamber) analysed whether it was competent to deal with the present matter. In this respect, it noted that the claim at the basis of the present case was submitted to FIFA on 27 March 2007. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2005; hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. article 21 par. 2 and 3 of the 2008 edition of the Procedural Rules in combination with article 18 par. 2 and 3 of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to article 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 in connection with art. 22 lit.d) of the Regulations on the Status and Transfer of Players (edition 2010), the Dispute Resolution Chamber shall adjudicate on disputes relating to the solidarity mechanism between clubs belonging to different associations. As a consequence, the Dispute Resolution Chamber confirmed that it was the competent body to decide on the present litigation involving a Club from country P and a Club from country Q, concerning the distribution of the solidarity contribution in connection with the international transfer of the professional player A, from a country P to a country Q club. 3. Furthermore, and taking into consideration that the player was registered on 1 February 2006 for the Respondent, 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 2010, 2009 and 2008), the 2005 edition of the regulations, i.e. the FIFA Regulations for the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter in 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 and started by acknowledging the above-mentioned facts as well as the documentation submitted by the parties. 5. First and foremost, the members of the Chamber went on to recall that according to art. 21 of the Regulations in connection 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 clubs between the sporting seasons of his 12th and 23rd birthday. 6. In this respect, the Chamber considered that it remained undisputed by the parties that the player was transferred from Club C, to the Respondent for the amount of EUR 50,000. 7. In the same context, the DRC took into account that the player was registered for the Claimant as from 30 March 1995 until 3 September 1998. 8. In continuation, the members of the DRC took note that the Respondent offered to pay the amount of EUR 1,000 as solidarity contribution in connection with the relevant transfer to the Claimant and, at the same time, that the Claimant had agreed to receive such amounts. 9. On account of the above, the DRC underlined that it remained undisputed that the relevant amount to be paid as solidarity contribution to the Claimant is the sum of EUR 1,000. 10. In continuation, the Chamber took note that the only issue to be discussed is whether the payment of the amount agreed as solidarity compensation was effectively paid by the Respondent to the Claimant. 11. In this respect, the DRC took note that the Respondent alleged having carried out the payment in the amount of EUR 1,000 to the Claimant through a bank transfer on 28 November 2007, submitting a copy of a “bank order”. In addition, the Chamber took note that, on the other hand, the Claimant held having never received such payment, submitting a statement of its bank confirming such information. 12. In continuation, the DRC duly noted that the Claimant pointed out that the copy of the “bank order” provided by the Respondent bears an error, since, although the account number corresponds to its account number, the beneficiary indicated in the relevant transfer is the representative of the Claimant. 13. Furthermore, the members of the DRC highlighted that the Respondent failed to submit further comments in this regard as well as to provide any further evidence, even though invited to do so. 14. In this context, the DRC pointed out that the Respondent did not justify the discrepancies in the transfer request as well as it did not provide with any documents that could demonstrate that the transfer requested was indeed executed. 15. On account of all of the above, the Chamber referred to art. 12 par. 3 of the Procedural Rules, which stipulates that any party claiming a right from an alleged fact shall carry the burden of proof, and considered that the Respondent failed to demonstrate that the payment of the solidarity contribution was effectively carried out. 16. As a consequence, the Chamber concluded that the Respondent must pay the amount of EUR 1,000 to the Claimant as solidarity contribution for the relevant transfer. 17. In addition, regarding the interest claimed by the Claimant, the DRC emphasized once again that according to art. 2 par. 1 of the Annexe 5 of the Regulations, the deadline for payment of the solidarity contribution is 30 days after the player’s registration. Moreover, the members of the DRC recalled that the player was registered for the Respondent on 1 February 2006. 18. Additionally, the DRC highlighted that, in accordance to the well-established jurisprudence concerning the payment of interest of the Dispute Resolution Chamber, default interest is set at a rate of 5% per annum. 19. Based on all of the above, the members of the Dispute Resolution Chamber unanimously concluded that the claim of the Claimant is accepted and that the Respondent must pay to the Claimant the amount of EUR 1,000 plus 5% interest per year on the said amount as from 4 March 2006. ** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club A, is accepted. 2. The Respondent, Club B, has to pay to the Claimant, Club A, the amount of EUR 1,000, as well as 5% interest per year on the said amount as from 4 March 2006 until the date of effective payment, within 30 days as from the date of notification of this decision. 3. If the aforementioned sum is not paid within the aforementioned deadline, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee Committee for consideration and a formal decision. 4. The Claimant, Club A, is directed to inform the Respondent, Club B, 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. 67 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 6 Solidarity Contribution for the transfer of the player A (Club A, from country P, / Club B, from country Q)