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 passed in Zurich, Switzerland, on 25 October 2012, in the following composition: Geoff Thompson (England), Chairman Joaquim Evangelista (Portugal), member David Mayebi (Cameroon), member Damir Vrbanovic (Croatia), member Guillermo Saltos Guale (Ecuador), member on the claim presented by the club, Club E, from country A as Claimant against the club Club O, from country G as Respondent regarding a solidarity contribution dispute related to the transfer of the player L

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 passed in Zurich, Switzerland, on 25 October 2012, in the following composition: Geoff Thompson (England), Chairman Joaquim Evangelista (Portugal), member David Mayebi (Cameroon), member Damir Vrbanovic (Croatia), member Guillermo Saltos Guale (Ecuador), member on the claim presented by the club, Club E, from country A as Claimant against the club Club O, from country G as Respondent regarding a solidarity contribution dispute related to the transfer of the player L I. Facts of the case 1. The country A Football Association confirmed that the player L (hereinafter: the player), born in April 1980, was registered with its affiliated club, Club E (hereinafter: Club E), as an amateur, from 14 March 1991 until 10 June 1998 and, as a professional, from 11 June 1998 until 9 January 2000 and from 1 July 2000 until 9 August 2001. 2. The sporting season in country A runs as follows: a) for amateurs (under 20 years of age) from January until December of the relevant year; and b) for amateurs (20 years of age or more) and professionals from 1 July until 30 June of the following year. 3. On 2 June 2008, Club E contacted FIFA, claiming the payment of its proportion of the solidarity contribution related to the transfer of the player from Club B, from country S to Club O, from country G (hereinafter: Club O). In particular, Club E claimed 75% of the proportion of the 5% of solidarity contribution. 4. The country G Football Federation confirmed that the player was registered with Club O on 20 August 2007. 5. On 18 June 2009, the Dispute Resolution Chamber (DRC) passed a decision in which it ordered Club O to remit FIFA a copy of the transfer agreement signed with Club B. 6. According to the transfer agreement, concluded between Club O and Club B, a transfer compensation in the amount of EUR 2,400,000 was agreed upon, divided in two instalments of EUR 1,200,000 each, payable until 30 August 2007 and 30 March 2008, respectively. 7. In spite of having been invited by FIFA to do so, Club O did neither respond to the claim nor make any statements during the course of the investigation. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, it first referred to art. 21 par. 1 and 3 of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008). The present matter was submitted to FIFA on 2 June 2008, thus before aforementioned Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber entered into force on 1 July 2008. Therefore, the Chamber concluded that the 2005 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. 2. Subsequently, the Chamber referred to art. 3 par. 1 of the Procedural Rules, which states that the Dispute Resolution Chamber shall examine its jurisdiction in the light of articles 22 to 24 of the Regulations for the Status and Transfer of Players (edition 2012). In accordance with art. 24 par. 1 in connection with art. 22 e) of the aforementioned Regulations, the Dispute Resolution Chamber shall adjudicate on disputes between two clubs belonging to different associations related to solidarity mechanism. 3. As a consequence, the DRC is the competent body to decide on the present litigation concerning the distribution of the solidarity contribution claimed by the Claimant, in connection with the transfer of the professional player L to the Respondent. 4. Furthermore, the members of the Chamber 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, the Chamber confirmed that in accordance with art. 26 par. 1 and 2 in connection with art. 29 of the Regulations on the Status and Transfer of Players (editions 2010, 2009 and 2008) and considering that the present claim was lodged on 2 June 2008 and that the player was registered for the Respondent on 20 August 2007, the 2005 edition of the Regulations for the Status and Transfer of Players (hereinafter: the Regulations) is applicable to the matter at hand as to the substance. 5. The competence of the DRC and the applicable regulations having been established, the Chamber entered into the substance of the matter. The members of the DRC started by acknowledging the facts of the case as well as the documentation contained in the file. 6. First of all, the members of the Chamber went on to recall that according to art. 21 in connection with Annex 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. 7. In this respect, the Chamber took into account that according to the transfer contract concluded between Club B, from country S, and the Respondent the player was transferred for the amount of EUR 2,400,000. 8. In addition to the above, the Chamber drew its attention to the fact that the country A Football Association confirmed that the player, born in April 1980, had been registered for the Claimant as an amateur player, from 14 March 1991 until 10 June 1998 and, as a professional player, from 11 June 1998 until 9 January 2000 and from 1 July 2000 until 9 August 2001. 9. Moreover, the Chamber considered that the Claimant requested 75% of the proportion of 5% of the total transfer compensation paid by the Respondent to Club B. 10. In this respect, the Chamber reproached the behaviour of the Respondent, who never took position in the dispute, despite having been asked to do so by the FIFA administration on several occasions. In this way the Respondent renounced to its right to defence and accepted the allegations of the Claimant. 11. As a consequence of the aforementioned consideration, the Chamber established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall pass a decision upon the basis of the documents already on file, i.e. upon the statements and documents presented by the Claimant and upon the transfer agreement. 12. In view of all of the above, the Chamber decided that the claim of the Claimant is accepted and that the Respondent has to pay to the Claimant the amount of EUR 90,000. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club E, is accepted. 2. The Respondent, Club O, has to pay to the Claimant, Club E, within 30 days as from the date of notification of this decision, the amount of EUR 90,000. 3. If the aforementioned sum is not paid within the aforementioned deadline, an interest rate of 5% per year will apply as of expiry of the fixed time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee, for consideration and a formal decision. 4. The Claimant, Club E, is directed to inform the Respondent, Club O, 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 article 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 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 Dispute Resolution Chamber Jérôme Valcke Secretary General Encl. CAS directives