F.I.F.A. – Camera di Risoluzione delle Controversie (2014-2015) – contributo di solidarietà – ———- F.I.F.A. – Dispute Resolution Chamber (2014-2015) – solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 August 2014, in the following composition: on the claim presented by the club, Club P, from country X as Claimant against the club, Club S, from country Z as Respondent regarding solidarity contribution in connection with the player V

F.I.F.A. - Camera di Risoluzione delle Controversie (2014-2015) - contributo di solidarietà – ---------- F.I.F.A. - Dispute Resolution Chamber (2014-2015) - solidarity contribution – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 28 August 2014, in the following composition: on the claim presented by the club, Club P, from country X as Claimant against the club, Club S, from country Z as Respondent regarding solidarity contribution in connection with the player V I. Facts of the case 1. According to the player passport issued by the Football Association of country X, the player V (hereinafter: the player), born on 10 December 1987, was registered with its affiliated club P (hereinafter: the Claimant), as from 23 February 1998 until 21 March 2006 as an amateur and as from 22 March 2006 until 1 January 2007 as a professional. 2. The relevant sporting seasons in country X ran as follows: a) for amateurs (under 20 years of age) from January to December of the relevant year and b) for amateurs (more than 20 years of age) and professionals from 1 July until 30 June of the following year. 3. Football Association of country Z informed FIFA that the player was registered with its affiliated club S (hereinafter: the Respondent), on 31 July 2013. 4. According to the information contained in the Transfer Matching System (TMS), on 25 July 2013, the Respondent and the club F from country A, concluded a transfer agreement for the transfer of the player stipulating a transfer compensation amounting to EUR 37,000,000 payable as follows: a. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later than five (5) days after the execution of the transfer agreement; b. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later than 31 July 2014; c. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later than 31 July 2015; d. “€8,787,500 (€9,250,000 minus €462,500 for solidarity mechanism…)” no later than 31 July 2016. 5. In this framework, on 16 September 2013, the Claimant contacted FIFA asking for its proportion of the solidarity contribution derived from the transfer of the player from club F to the Respondent. In particular, the Claimant asked for 60% of the 5% of the total transfer compensation which, according to the latter, amounted to “EUR 1,100,000” out of which the first instalment, in the amount of “EUR 277,000”, was already payable. In this respect, the Claimant acknowledged that on 6 November 2013 the Respondent paid the amount of EUR 254,945.21 and thus, the outstanding amount is still of EUR 22,554.79. 6. In its reply to the claim, the Respondent asserted that the calculation made by the Claimant was incorrect since the player was only registered with the latter for 7 ½ seasons and not for 8, as the Claimant claimed. Therefore, according to the Respondent, the Claimant would only be entitled to 55.123% of 5% of the total transfer compensation. 7. On account of the above, the Respondent claims that “the amount of EUR 254,945.21, paid by club S on 6 November 2013, is the correct sum due, as first instalment of solidarity contribution to club P”. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the DRC or the Chamber) analysed whether it was competent to deal with the case at hand. In this respect, the Chamber took note that the present matter was submitted to FIFA on 16 September 2013. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: the Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2 of the Procedural Rules). 2. Subsequently, the members of the Chamber referred to art. 3 par. 1 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 2014), the Dispute Resolution Chamber is competent to decide on the present matter, which concerns a dispute relating to the solidarity mechanism between an club P and an club S. 3. In this respect, the Chamber was eager to emphasize that contrary to the information contained in FIFA’s letter dated 22 August 2014 by means of which the parties were informed of the composition of the Chamber, the member M and the member W refrained from participating in the deliberations in the case at hand, due to the fact that the member M has the same nationality as the Respondent and that, in order to comply with the prerequisite of equal representation of club and player representatives, also the member W refrained from participating and thus the Dispute Resolution Chamber adjudicated the case in presence of three members in accordance with art. 24 par. 2 of the Regulations on the Status and Transfer of Players. 4. Furthermore, the DRC 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 members 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 2014) and, on the other hand, to the fact that the present claim was lodged on 16 September 2013 and that the player was registered with the Respondent on 31 July 2013. In view of the aforementioned, the Chamber confirmed that the 2012 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. 5. The competence of the Chamber and the applicable regulations having been established, and entering into the substance of the matter, the Chamber started by acknowledging the above-mentioned facts, the arguments of the parties as well as the documentation contained in the file. However, the Chamber emphasised that in the following considerations it will refer only to the facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand. 6. In this respect, the DRC noted that the Claimant claimed the payment of the amount of “EUR 277,000” as solidarity contribution from the Respondent corresponding to 60% of the 5% of the transfer compensation which was already due, i.e. the instalment in the amount of EUR 9,250,000 payable by 30 July 2013 (hereinafter: the first instalment). 7. In addition to the above, and referring to art. 6 par. 3 of Annexe 3 of the Regulations, the Chamber took into account that according to the information contained in the TMS, the club F, and the Respondent agreed upon a transfer compensation for the transfer of the player of EUR 37,000,000 payable in 4 instalments of EUR 9,250,000 out of which, the first instalment is the one serving as the basis for the claim of the Claimant. 8. Furthermore, the DRC noted that the Respondent, for its part, contested the percentage claimed by the Claimant and argues that the latter would only be entitled to 55.123% of the 5% of the first instalment in the amount of “EUR 254,945.21”. 9. Having established the above, the Chamber 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 recalled that the Football Association of country X had confirmed that the player, born on 10 December 1987, was registered with the Claimant as from 23 February 1998 until 21 March 2006 as an amateur and as from 22 March 2006 until 1 January 2007 as a professional. 11. At this point, the DRC wished to emphasise that taking into consideration the date of birth of the player, the changes in the starting and ending dates of the sporting season in country X as well as the fact that the player turned professional on 22 March 2006, the season of the player’s 19th birthday i.e. the season 2006/2007 ran from 1 January 2006 to 30 June 2007 covering a period of 18 months. 12. On account of the above and in accordance with art. 1 of Annexe 5 of the Regulations, the DRC considered that the Claimant is, thus, entitled to receive solidarity contribution for the above-mentioned period, i.e. for 12 months of the season of the player’s 12th birthday until 18th birthday and for 12 months out of 18 for the season of the player’s 19th birthday. In terms of the percentage of the 5% solidarity contribution, the Chamber calculated that, on a pro rata basis, this corresponds to 56.66% of 5%. 13. In view of all of the above, the DRC decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the remaining amount of EUR 7,107.29 to the Claimant as solidarity contribution for the first instalment due on 30 July 2013 in relation to the transfer of the player from club F to the Respondent. 14. Lastly, the Chamber 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 relating to training compensation and the solidarity mechanism, costs in the maximum amount of CHF 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 that, in accordance with Annex A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. 15. In respect of the above, the Chamber held that the amount to be taken into consideration in the present proceedings is EUR 22,554.79 related to the claim of the Claimant. Consequently, the Chamber concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 16. As a result, and taking into account that the claim of the Claimant has been partially accepted as well as that the Respondent rejected the Claimant’s claim in its entirety, the Chamber concluded that both the Claimant as well as the Respondent have to bear a part of the costs of the current proceedings in front of FIFA. 17. Considering the above, the Chamber determined the costs of the current proceedings to the amount of CHF 5,000, CHF 2,500 of which shall be borne by the Claimant and CHF 2,500 of which shall be borne by the Respondent. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, club P, is partially accepted. 2. The Respondent, club S, has to pay to the Claimant the amount of EUR 7,107.29 within 30 days as from the date of notification of this decision. 3. In the event that the aforementioned sum is not paid within the stated time limit, interest of 5% p.a. will fall due as of expiry of the stipulated time limit and the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision. 4. Any further claim lodged by the Claimant is rejected. 5. The final costs of the proceedings in the amount of CHF 5,000 are to be paid within 30 days as from the date of notification of the present decision, as follows: 5.1 The amount of CHF 2,500 by the Respondent to the Claimant 5.2 The amount of CHF 2,500 by the Claimant to FIFA. Given that the Claimant has already paid the amount of CHF 5,000 as advance of costs at the start of the present proceedings, no additional amount has to be paid by the Claimant. 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances under point 2. and 5.1 above are to be made and to notify the Dispute Resolution Chamber 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 Dispute Resolution Chamber: Jérôme Valcke Secretary General Encl. CAS directives