F.I.F.A. – Camera di Risoluzione delle Controversie (2012-2013) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2012-2013) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 27 August 2012, by Mr Philippe Diallo (France), DRC judge, on the claim presented by the club, Club C, from country S as Claimant against the club, Club X, from country Z as Respondent regarding a solidarity contribution dispute related to the transfer of the player W

F.I.F.A. - Camera di Risoluzione delle Controversie (2012-2013) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2012-2013) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 27 August 2012, by Mr Philippe Diallo (France), DRC judge, on the claim presented by the club, Club C, from country S as Claimant against the club, Club X, from country Z as Respondent regarding a solidarity contribution dispute related to the transfer of the player W I. Facts of the case 1. The Football Confederation of country S (hereinafter: FCS ) confirmed that the player W from country S, (hereinafter: the player), born on 29 January 1985, was registered with its affiliated club C (hereinafter: the Claimant), as from 5 May 1999 until 1 June 2004 and as from 11 June 2004 until 17 September 2004. 2. The sporting season in country S follows the calendar year, running as from 1 January until 31 December. 3. According to the information contained in the Transfer Matching System (hereinafter: TMS), the player was registered with the club X from country S (hereinafter: the Respondent) on 19 January 2011. 4. According to the transfer agreement signed between club R (hereinafter: club R) and the Respondent, on 28 December 2010, provided by the latter, the transfer fee for the player amounts to EUR 2,250,000 net, payable in four installments, as follows: - EUR 750,000, payable within 7 days after the issuing of the International Transfer Certificate (hereinafter: ITC), - EUR 500,000, payable until 30 April 2011, - EUR 500,000, payable until 31 July 2011, - EUR 500,000, payable until 31 October 2011. 5. On 23 February 2011, the Claimant contacted FIFA claiming its proportion of solidarity contribution in connection with the transfer of the player from club R to the Respondent. In this respect, the Claimant requested the payment of solidarity contribution corresponding to 45.08% of 5% over the two installments fallen due 7 days after the issuing of the ITC and on 30 April 2011. 6. In its reply, the Respondent confirmed the existence of outstanding payment of solidarity contribution towards the Claimant and proceeded with the payment of the amount due over the first two instalments of the transfer fee, on 5 July 2011. 7. On 25 October 2011, the Claimant once again contacted FIFA claiming its proportion of solidarity contribution in connection with the transfer at stake. In this respect, the Claimant requested the payment of solidarity contribution corresponding to 45.08% of 5% or EUR 22,540 over the two installments fallen due on 31 July 2011 and 31 October 2011, amounting to EUR 1,000,000. 8. In spite of having been invited by FIFA to do so, the Respondent did not respond to the Claimant’s request of 25 October 2011. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed which procedural rules were applicable to the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 25 October 2011, thus after 1 July 2008. 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. article 21 par. 2 and 3 of the Procedural Rules). 2. In continuation, the DRC judge analysed which regulations were applicable as to the substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par. 1 and 2 of the 2010 edition of the Regulations on the Status and Transfer of Players (hereinafter: the Regulations), considering that the present claim was lodged on 25 October 2011 and that the player was registered with the Respondent on 19 January 2011, the 2010 edition of the Regulations was applicable to the matter at hand as to the substance. 3. Subsequently, the DRC judge referred to art. 3 par. 2 and 3 of the Procedural Rules and confirmed that, in accordance with art. 24 par. 1 and 2 in combination with art. 22 lit. e) of the Regulations, he was competent to adjudicate on a dispute related to the payment of solidarity contribution between a club from country S and a club from country Z. 4. The competence of the DRC judge and the applicable regulations having been established, the DRC judge entered into the substance of the matter and started by acknowledging the above-mentioned facts and the documentation contained in the file. 5. In this regard, the DRC judge took due note of the fact that, on 23 February 2011, the Claimant contacted FIFA, claiming a proportion of 45.08% of 5%, over the two installments of the transfer fee, fallen due 7 days after the issuing of the ITC and on 30 April 2011. In addition, on 25 October 2011, the Claimant contacted FIFA once again claiming the aforementioned proportion of solidarity contribution over the two installments fallen due on 31 July 2011 and 31 October 2011, amounting to EUR 1,000,000. 6. Equally, the DRC judge noted that the Respondent, in its response, acknowledged the existence of outstanding payments regarding solidarity contribution towards the Claimant, referring to the first two instalments of the transfer fee for the captioned player, due 7 days after the issuing of the ITC and on 30 April 2011, and consequently, on 5 July 2011, it proceeded with the payment of the due amount, which was confirmed by the Claimant. 7. The DRC judge, however, noticed that the Respondent, despite having been invited by FIFA to do so, did not respond to the second request of the Claimant, regarding the payment of solidarity contribution in the proportion of 45.08% of 5%, i.e. EUR 22,540, over the instalments of the transfer fee fallen due on 31 July 2011 and 31 October 2011, amounting to EUR 1,000,000. 8. As a consequence of the aforementioned consideration, the DRC judge pointed out that, in accordance with art. 9 par. 3 of the Procedural Rules, the decision shall be taken upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant. 9. Consequently, the DRC judge went on to establish whether the Claimant was entitled to claim a proportion of solidarity contribution and, if so, which was the relevant amount due. 10. In this respect, the DRC judge first referred to art. 21 of the Regulations as well as to art. 1 par. 1 of Annexe 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 his 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. 11. Equally, the DRC judge referred to the information obtained from TMS, according to which the player was registered with the Respondent on 19 January 2011. 12. Furthermore, the DRC judge recalled that the player was, according to the aforementioned information, transferred for a total amount of EUR 2,250,000 net, payable in four installments, as follows: - EUR 750,000, payable within 7 days after the issuing of the International Transfer Certificate (hereinafter: ITC), - EUR 500,000, payable until 30 April 2011, - EUR 500,000, payable until 31 July 2011, - EUR 500,000, payable until 31 October 2011. 13. Consequently, based on art. 21 and art. 1 par. 1 of Annexe 5 of the Regulations, the DRC judge came to the conclusion that, in view of the international transfer of the player from club R to the Respondent and in view of the transfer compensation paid by the Respondent to club R, solidarity contribution had fallen due. 14. As to the calculation of the relevant amount to be paid by the Respondent to the Claimant, the DRC judge recalled that, according to art. 1 of Annexe 5 of the Regulations, the relevant amount of solidarity contribution shall reflect the number of years for which a player is registered with the relevant club between the seasons of the player’s 12th and 23rd birthdays. 15. In this regard, the DRC judge referred to the confirmation issued by the CBF, according to which the player, born on 29 January 1985, had been registered with the Claimant as from 5 May 1999 until 1 June 2004 and as from 11 June 2004 until 17 September 2004. Therefore, the DRC judge established that the player had been registered with the Claimant during 8 months during the season of his 14th birthday and for five entire seasons, from him 15th to his 19th birthday. Consequently, the DRC judge established that the Claimant was entitled to a proportion of 45.83% out of the 5% of solidarity contribution. 16. Having established the aforementioned, the DRC judge recalled that the Claimant based its claim for solidarity contribution on the instalments that had fallen due on 31 July 2011 and 31 October 2011 for the transfer of the player from club R to the Respondent, amounting to EUR 1,000,000, in the proportion of 45.08% of 5%. 17. Consequently, the DRC judge decided that the Respondent had to pay an amount of EUR 22,540 to the Claimant. 18. Finally, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the Dispute Resolution Chamber relating to disputes regarding 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. 19. 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. 20. The amount in dispute to be taken into consideration in the present proceedings amounts to EUR 22,540 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000. 21. Considering that the case at hand allowed to be dealt with following a reasonable procedure and that it did not pose considerable factual difficulty, the DRC judge determined the final amount of costs of the current proceedings to the amount of CHF 4,000. 22. In view of the above, the Chamber reiterated that the claim of the Claimant is accepted. Therefore, the Chamber decided that the Respondent had to pay the full amount of CHF 4,000. III. Decision of the DRC judge 1. The claim of the Claimant, Club C, is accepted. 2. The Respondent, club X, has to pay to the Claimant, Club C, the amount of EUR 22,540, within 30 days as from the date of notification of this decision. 3. If the aforementioned sum is not paid within the above-mentioned time limit, an interest rate of 5% p.a. will apply on the said amount as of expiry of the time limit until the date of effective payment and the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for its consideration and a formal decision. 4. The final amount of costs of the proceedings in the amount of CHF 4,000 is to be paid within 30 days of notification of the present decision by the Respondent, club X, to FIFA to the following bank account with reference to case no. xxxxxxxxxx: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 5. The Claimant, club C , is directed to inform the Respondent, club X, immediately and directly of the account number to which the remittance is to be made in accordance with the above point 2. and to notify the DRC judge 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 DRC judge: Markus Kattner Deputy Secretary General Enclosed: CAS directives