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 18 December 2012, by Philippe Diallo (France), DRC judge, on the claim presented by the club Club F, from country N as Claimant against the club Club M, from country T as Respondent regarding a solidarity contribution dispute related to the the transfer of the player A.

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 18 December 2012, by Philippe Diallo (France), DRC judge, on the claim presented by the club Club F, from country N as Claimant against the club Club M, from country T as Respondent regarding a solidarity contribution dispute related to the the transfer of the player A. I. Facts of the case 1. According to the country N Football Association, the player A (hereinafter: the player), born in October 1980, was registered with Club F, from country N (hereinafter: the Claimant), as from 3 February 2000 until 30 June 2000. 2. The country N Football Association confirmed that the football season in country N runs as from 1 July until 30 June of the following year. 3. The country T Football Federation confirmed that the player was registered for its affiliated club, Club M (hereinafter: the Respondent), on 7 September 2011. 4. On 4 December 2011, 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 N club, Club N, to the Respondent. In particular, the Claimant requested the payment of EUR 936, i.e. 4,16% of the 5% of solidarity contribution. 5. According to the information contained in the Transfer Matching System (TMS), Club N and the Respondent agreed upon a transfer compensation of EUR 450,000 for the transfer of the player, payable as follows: - EUR 50,000, payable before 9 September 2011; - EUR 50,000, payable before 30 October 2011; - EUR 50,000, payable before 30 November 2011; - EUR 100,000, payable before 30 April 2012; - EUR 100,000, payable before 30 May 2012; - EUR 100,000, payable before 30 June 2012; Additionally, the parties agreed upon on a clause according to which “if Club M will not pay the above mentioned amounts in due time, Club M is obliged to pay Club N a penalty of EUR 1,000 per day of every calendar day of late payment”. 6. In spite of having been invited by FIFA to provide it with its position regarding the claim of the Claimant, the Respondent did not respond to the claim. II. Considerations of the DRC judge 1. First of all, the DRC judge analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was submitted to FIFA on 4 December 2011. Consequently, the DRC judge concluded that the 2008 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber is applicable to the matter at hand (cf. art. 21 par. 2 and par. 3 of the Procedural Rules). 2. 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 conjunction with art. 22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2012), he is competent to decide on the present matter, which concerns a dispute relating to the solidarity mechanism between clubs belonging to different associations. 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, he referred, on the one hand, to art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2012) and, on the other hand, to the fact that the present claim was lodged on 4 December 2011 and that the player was registered with the Respondent on 7 September 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 936 as solidarity contribution from the Respondent, corresponding to 4,16% of the 5% of the total transfer compensation. 6. In addition to the above, the DRC judge took into account that according to the information contained in the TMS, Club N and the Respondent agreed upon a transfer compensation of EUR 450,000, payable as follows: - EUR 50,000, payable before 9 September 2011; - EUR 50,000, payable before 30 October 2011; - EUR 50,000, payable before 30 November 2011; - EUR 100,000, payable before 30 April 2012; - EUR 100,000, payable before 30 May 2012; - EUR 100,000, payable before 30 June 2012; 7. Furthermore, the DRC judge noted that the Respondent never took position in the specific matter relating to the claim of the Claimant, although having been invited to do so by FIFA. Therefore, the DRC judge deemed that, in this way, the Respondent renounced to its right to defence and therefore 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, he shall pass a decision upon the basis of the documents already on file i.e. upon the statements and documents presented by the Claimant as well as upon the information contained in the TMS. 9. Having established the above, the DRC judge referred to art. 21 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 between the seasons of his 12th and 23rd birthday. 10. In this respect, the DRC judge recalled that the country N Football Federation had confirmed that the player, born in October 1980, was registered with the Claimant as from 3 February 2000 until 30 June 2000. 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 as from 3 February 2000 until 30 June 2000, i.e. for 5 months of the season of the player’s 19th birthday. In terms of the percentage of the 5% solidarity contribution, the DRC judge calculated that, on a pro rata basis, this corresponds to 4,16% of 5% as accurately claimed by the Claimant. 12. In view of all of the above, the DRC judge decided to accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 936 to the Claimant as solidarity contribution in relation to the transfer of the player from Club N to the Respondent. III. Decision of the DRC judge 1. The claim of the Claimant, Club F, is accepted. 2. The Respondent, Club M, has to pay to the Claimant, Club F, the amount of EUR 936, within 30 days as from the date of notification of the present decision. 3. If the aforementioned sum is not paid within the above-mentioned deadline, interest at the rate of 5% per year will apply as of expiry of the stipulated time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee, for its consideration and decision. 4. The Claimant, Club F, is directed to inform the Respondent, Club M, immediately and directly of the account number to which the remittance is to be made 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: Jérôme Valcke Secretary General Enclosed: CAS directives