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 6 March 2013, by Theo van Seggelen (the Netherlands), DRC judge, on the claim presented by the club, Club U, from country P as Claimant against the club, Club M, from country F as Respondent regarding solidarity contribution in connection with the international 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 6 March 2013, by Theo van Seggelen (the Netherlands), DRC judge, on the claim presented by the club, Club U, from country P as Claimant against the club, Club M, from country F as Respondent regarding solidarity contribution in connection with the international transfer of the player A I. Facts of the case 1. According to the player passport issued by the country P Football Federation, Player A, from country P (hereinafter: the player), born in June 1981, was registered with Club U, from country P (hereinafter: the Claimant), as from 21 November 1994 until 22 August 2000 and from 1 August 2001 until 30 June 2002. 2. The football seasons in country P, until the 2000/2001 season, started on 1 August and ended on 31 July of the following year. As from the 2001/2002 season, the sporting seasons started on 1 July and ended on 30 June of the following year. 3. The country F Football Federation confirmed that the player was registered with Club M (hereinafter: the Respondent) on 18 August 2009 as a professional. 4. On 28 December 2009, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player concerned from the Club P, from country P, to the Respondent for the alleged transfer compensation of EUR 1,500,000. In particular, the Claimant requested EUR 42,123, plus 5% interest p.a. as from the 31st day of the player’s registration with the Respondent. 5. On 28 November 2011, the Respondent stated that it agreed with the amount claimed by the Claimant and requested its bank details in order to transfer the relevant amount of solidarity contribution. 6. However, in spite of having been provided with the bank details of the Claimant, the latter informed FIFA on 27 November 2012 that it had not received any payment from the Respondent. II. Considerations of the DRC judge 1. First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter: 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 28 December 2009. 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. art. 21 par. 1 and 2 of the 2008 and 2012 editions of the Procedural Rules). 2. Subsequently, the DRC judge referred to art. 3 par. 1 of the Procedural Rules and confirmed that in accordance with art. 24 par. 1 and 2 in combination 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 relating to a dispute regarding the solidarity mechanism between clubs belonging to different associations. 3. Furthermore, the DRC judge analysed which regulations should be 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 Regulations on the Status and Transfer of Players (editions 2008, 2009, 2010 and 2012), and considering that the player was registered with the Respondent on 18 August 2009 as well as that the present claim was lodged on 28 December 2009, the 2008 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. The DRC judge started by acknowledging the above-mentioned facts of the case as well as the documentation on file. 5. The DRC judge further acknowledged that it was undisputed between the parties that the Claimant is entitled to receive a proportion of the solidarity contribution from the Respondent. 6. In particular, the DRC judge took note that, in its reply, the Respondent explicitly agreed with the Claimant’s calculation of the aforementioned proportion. However, the DRC judge equally noted that the Claimant, after having sent its bank details to the Respondent, never received the relevant payment from the Respondent. 7. Consequently, and in view of the fact that the Respondent acknowledged that it had a debt towards the Claimant but never proceeded with the relevant payment, the DRC judge decided that the Respondent has to pay to the Claimant the amount of EUR 42,123 plus default interest at a rate of 5% p.a. on the said amount as of 18 September 2009 until the date of effective payment. 8. Lastly, the DRC judge referred to art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the DRC, as well as the DRC judge, relating to disputes regarding training compensation and the solidarity mechanism, costs in the maximum amount of currency of country H 25’000 are levied. It is further stipulated that the costs are to be borne in consideration of the parties’ degree of success in the proceedings and, in accordance with Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 9. In respect of the above, the DRC judge held that the amount to be taken into consideration in the present proceedings is EUR 42,123 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 H 10,000 (cf. table in Annexe A of the Procedural Rules). 10. As a result, considering that the case at hand did not pose any particular factual difficulties and taking into account the degree of success, the DRC judge determined the final costs of the current proceedings to the amount of currency of country H 5,000 which shall be borne by the Respondent. ***** III. Decision of the DRC judge 1. The claim of the Claimant, Club U, is accepted. 2. The Respondent, Club M, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 42,123 plus interest at 5% p.a. on said amount as of 18 September 2009 until the date of effective payment. 3. In the event that the aforementioned sum plus interest is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. The final costs of the proceedings in the amount of currency of country H 5,000 are to be paid by the Respondent within 30 days of notification of the present decision as follows: 4.1. The amount of currency of country H 3,000 has to be paid to FIFA to the following bank account with reference to case no.: 4.2. The amount of currency of country H 2,000 has to be paid to the Claimant. 5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under point 2. and 4.2. above are 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