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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 28 August 2014, in the following composition: Geoff Thompson (England), Chairman Philippe Diallo (France), member Guillermo Saltos Guale (Ecuador), member Jon Newman (USA), member Leonardo Grosso (Italy), member on the claim presented by the club, Club A, from country B as Claimant against the club, Club C, country D as Respondent regarding a solidarity contribution dispute related to the transfer of the Player E

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 theDispute Resolution Chamber passed in Zurich, Switzerland, on 28 August 2014, in the following composition: Geoff Thompson (England), Chairman Philippe Diallo (France), member Guillermo Saltos Guale (Ecuador), member Jon Newman (USA), member Leonardo Grosso (Italy), member on the claim presented by the club, Club A, from country B as Claimant against the club, Club C, country D as Respondent regarding a solidarity contribution dispute related to the transfer of the Player E I. Facts of the case 1. According to a written confirmation from the Football Federation from country B the player from country F, Player E (hereinafter: player), born on 17 July 1980, was registered with its affiliated club, Club A (hereinafter: Club A or Claimant), as from 23 August 2001 until 28 May 2002. 2. The sporting season in country B follows the calendar year. 3. The Football Association from country F informed FIFA that the sporting season in country F for professional players runs as from 1 July until 30 June of the following year and that the amateur season follows the calendar year. 4. According to the Football Association from country D, the player was registered with the club from country D, Club C (hereinafter also referred to as Respondent), on 17 September 2009. 5. In August 2009, Club C concluded a transfer agreement with the club from country F, Club G, for the definitive transfer of the player against the payment of a compensation amounting to EUR 5,250,165. 6. On 21 July 2011, Club A contacted FIFA claiming its proportion of the solidarity contribution in connection with the aforementioned transfer of the player on the basis of an alleged transfer compensation of USD 10,000,000. 7. In particular, Club A requested the amount of USD 50,000, allegedly corresponding to 0.5% of the total transfer compensation, plus interest. 8. In spite of having been invited by FIFA to do so, Club C did not reply to the claim. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC or 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 21 July 2011. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2008; hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21 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 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 clubs belonging to different associations. 3. 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 2014) and, on the other hand, to the fact that the present claim was lodged on 21 July 2011 and that the player was registered with the Respondent on 17 September 2009. In view of the aforementioned, the Chamber confirmed that 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 and the applicable regulations having been established, the DRC entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. 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. 5. In this respect, the DRC noted that the Claimant claimed the payment of the amount of USD 50,000 as solidarity contribution from the Respondent, corresponding to 0.5% the total transfer compensation, which according to the Claimant amounted to USD 10,000,000. 6. In addition to the above, the DRC took into account that according to the transfer agreement signed between the club from country F, Club G, and the Respondent, a compensation of EUR 5,250,165 was agreed upon between said clubs for the transfer of the player. 7. Furthermore, the DRC noted that the Respondent has not replied to the claim of the Claimant, although having been invited to do so by FIFA. In this respect, the DRC 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 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. 9. Having established the above, the DRC 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 Federation from country B had confirmed that the player, born on 17 July 1980, was registered with the Claimant as from 23 August 2001 until 28 May 2002. 11. Furthermore, and considering that the player moved from country F to country B in August 2001, the Chamber confirmed that the season of the player’s 21st birthday lasted from 1 July 2001 until 31 December 2001, i.e. 6 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 period as from 23 August 2001 until 28 May 2002, i.e. for 4 months of the season of the player’s 21st birthday and for 5 months of the season of the player’s 22nd birthday. In terms of the percentage of the 5% solidarity contribution, the DRC calculated that, on a pro rata basis, this corresponds to 10.82% 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 amount of EUR 28,403 to the Claimant as solidarity contribution in relation to the transfer of the player from Club G to the Respondent. 14. In addition, taking into consideration the Claimant’s claim, the Chamber decided to award the Claimant interest at the rate of 5% p.a. on the amount of EUR 28,403 as of the day on which the claim was lodged in front of FIFA, i.e. 21 July 2011, until the date of effective payment. 15. 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 disputes regarding solidarity contribution, 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. 16. In respect of the above, the Chamber held that the amount to be taken into consideration in the present proceedings is USD 50,000 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). 17. As a result, considering the degree of success, the Chamber determined the costs of the current proceedings to the amount of CHF 5,000, of which the amount of CHF 2,000 shall be borne by the Claimant and the amount of CHF 3,000 by the Respondent. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, Club A, the amount of EUR 28,403 within 30 days as from the date of notification of this decision, plus 5% interest p.a. as of 21 July 2011 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. Any further claim lodged by the Claimant, Club A, 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 3,000 has to be paid by the Respondent. 5.2 The amount of CHF 2,000 has to be paid by the Claimant. 5.3 The above-mentioned amounts have to be paid to FIFA to the following bank account with reference to case no.: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH 27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant, Club A, is directed to inform the Respondent, Club C, immediately and directly of the account number to which the remittance under point 2 above is to be made and to notify the DRC 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 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)