F.I.F.A. – Camera di Risoluzione delle Controversie (2013-2014) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2013-2014) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 13 September 2013, by Mr Philippe Diallo (France), DRC judge, on the claim presented by the club, Club S, from country G as Claimant against the club, Club D, from country U as Respondent regarding a solidarity contribution dispute related to the transfer of the player I

F.I.F.A. - Camera di Risoluzione delle Controversie (2013-2014) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2013-2014) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 13 September 2013, by Mr Philippe Diallo (France), DRC judge, on the claim presented by the club, Club S, from country G as Claimant against the club, Club D, from country U as Respondent regarding a solidarity contribution dispute related to the transfer of the player I I. Facts of the case 1. According to the player passport issued by the country G Football Association as well as to its written confirmation, Player I, from country G (hereinafter: the player), born in June 1989, was registered with its affiliated club, Club S, from country G (hereinafter: the Claimant), from 18 August 2006 until 28 April 2007. 2. The football season in country G runs as follows: a) until and including 2005, as from January until December of the relevant year and b) since 1 August 2006 as from 1 August until 31 July of the next year. 3. On 22 January 2011, Club D, from country U (hereinafter: the Respondent), and the Club B, from country S, signed a contract for the transfer of the player from Club B to the Respondent. According to the information contained in the Transfer Matching System (TMS), the transfer compensation amounted to EUR 6,000,000, payable until 25 February 2011. 4. According to the country U Football Federation, the player was registered with the Respondent on 2 March 2011. 5. On 27 July 2011, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the definitive transfer of the player from Club B to the Respondent. 6. The Claimant requested EUR 45,000 or 15% of the 5% solidarity contribution, plus 5% interest. 7. In spite of having been invited by FIFA to provide its position regarding the claim, the Respondent did not respond to the claim or make any statements at all during the course of the investigation. II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber judge (hereinafter: the DRC judge) analysed whether he was competent to deal with the case at hand. In this respect, the DRC judge 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 2012). The present matter was submitted to FIFA on 27 July 2011, thus before the aforementioned Rules entered into force on 1 December 2012. Therefore, the DRC judge concluded that 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. 2. Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules, which states that the jurisdiction of the DRC judge is set out in art. 24 par. 2 of the Regulations on the Status and Transfer of Players (edition 2012). In accordance with art. 22 lit. d) and art. 24 par. 2 iii) of the aforementioned Regulations, the DRC judge concluded that he was competent to deal with a dispute regarding solidarity contribution involving a club affiliated to the country G Football Association and a club affiliated to the Football Federation of country U. 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, the DRC judge referred, on the one hand, to art. 26 par. 1 and 2 in connection with art. 29 of the Regulations on the Status and Transfer of Players (editions 2012 and 2010) and, on the other hand, to the fact that the present claim was lodged on 27 July 2011 and that the player was registered for the Respondent on 2 March 2011. In view of the aforementioned, the DRC judge concluded that the 2010 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 above-mentioned facts of the case as well as the documents contained in the file. 5. In this respect, the DRC judge noted that the Claimant claimed the payment of the amount of EUR 45,000 as solidarity contribution from the Respondent, corresponding to 15% of the 5% of the total compensation, plus 5% interest. 6. In addition to the above, the DRC judge took into account that according to the information contained in the Transfer Matching System, Club B and the Respondent agreed upon a transfer compensation of EUR 6,000,000 payable until 25 February 2011. 7. Furthermore, the DRC judge duly noted that the Respondent never took position in the present matter, although having been invited to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the Respondent renounced to its right of defence and accepted the allegations of the Claimant. 8. As a consequence of the aforementioned consideration, the DRC judge established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents on file. 9. Having established the above, the DRC judge referred to art. 21 of the Regulations in combination with art. 1 of Annexe 5 of the Regulations, which stipulate that, if a professional 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 a solidarity contribution to the club(s) involved in the training and education of the player in proportion of the number of years the player has been registered with the relevant club(s) between the seasons of his 12th and 23rd birthday. 10. In this respect, the DRC judge recalled that the country G Football Association had confirmed that the player, born in June 1989, was registered with the Claimant as from 18 August 2006 until 28 April 2007. 11. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the DRC judge considered that the Claimant is, thus, entitled to receive solidarity contribution for the period as from 18 August 2006 until 28 April 2007, i.e. for 8 months during the season of the player's 18th birthday. 12. In view of all of the above, the DRC judge decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 19,980 to the Claimant as solidarity contribution in relation to the transfer of the player from Club B to the Respondent. 13. Furthermore, and taking into consideration both the claim of the Claimant as well as art. 2 par. 1 of Annexe 5 of the Regulations, the DRC judge decided that the Respondent has to pay, in conformity with the longstanding practice of the DRC, interest at a rate of 5% p.a. as from 27 July 2011 until the date of effective payment. 14. Lastly, the DRC judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC, including the DRC judge, relating to disputes regarding training compensation and the solidarity mechanism, costs in the maximum amount of currency of country S 25’000 are levied. The relevant provision further states that the costs are to be borne in consideration of the parties’ degree of success in the proceedings (cf. art. 18 par. 1 of the Procedural Rules). 15. In respect of the above, and taking into account that the claim of the Claimant has been partially accepted, the DRC judge concluded that both the Claimant and the Respondent have to bear a part of 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. On that basis, the DRC judge held that the amount to be taken into consideration in the present proceedings is EUR 45,000 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to currency of country S 10,000 (cf. table in Annexe A). 18. Considering that the case at hand did not compose any complex factual or legal issues, that it was adjudicated by the DRC judge and not by the DRC and that the Respondent never took a stance in the present matter, the DRC judge determined the costs of the current proceedings to the amount of currency of country S 7,000. In accordance with point 13 above, the DRC judge decided that the Respondent has to pay the amount of currency of country S 5,000 and the Claimant the amount of currency of country S 2,000 to cover the aforementioned amount of costs of the present proceedings. ** III. Decision of the DRC judge 1. The claim of the Claimant, Club S, is partially accepted. 2. The Respondent, Club D, has to pay to the Claimant, Club S, within 30 days as from the date of notification of the present decision, the amount of EUR 19,980 plus 5% interest p.a. on said amount as from 27 July 2011 until the date of effective payment. 3. If the aforementioned sum 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. 4. Any further claims lodged by the Claimant, Club S, are rejected. 5. The final amount of costs of the proceedings, amounting to currency of country S 7,000, are to be paid within 30 days as from the date of notification of the present decision as follows: 5.1. Currency of country S 5,000 by the Respondent, Club D, to FIFA to the following bank account with reference to case no. XX-XXXXX: 5.2. Currency of country S 2,000 by the Claimant, Club S, to FIFA. Given that the Claimant has already paid the amount of currency of country S 2,000 as advance of costs at the start of the present proceedings, the Claimant does not have to pay an additional amount as costs of the proceedings. 6. The Claimant, Club S, is directed to inform the Respondent, Club D, 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 DRC judge: Markus Kattner Deputy Secretary General Encl. CAS directives