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 (DRC) judge passed in Zurich, Switzerland, on 6 November 2014, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club S, from country C as Claimant against the club, Club D, from country U as Respondent regarding solidarity contribution in connection with the international transfer of the player K

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 (DRC) judge passed in Zurich, Switzerland, on 6 November 2014, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club S, from country C as Claimant against the club, Club D, from country U as Respondent regarding solidarity contribution in connection with the international transfer of the player K I. Facts of the case 1. According to the player’s passport issued by the country C Football Federation the player K (hereinafter: the player), born in January 1988, was registered with the Club S, from country C (hereinafter: the Claimant), as from 7 February 2007 until 30 June 2007 as a professional. 2. The football season in country C during the time the player was registered with the Claimant ran from 1 July until 30 June of the following year. 3. The Football Federation of country U informed FIFA that the player was registered with its affiliated club, Club D (hereinafter: the Respondent), on 12 August 2011. 4. According to the information contained in the Transfer Matching System (TMS), the Club R, from country E and the Respondent agreed upon the payment of transfer compensation in the amount of currency of country E 6,000,000, payable “within 14 days of the player being registered with [the Respondent] by the Football Federation of country U.” 5. On 6 June 2013, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from Club R to the Respondent, requesting 0,19% of the transfer compensation, i.e. the amount of currency of country E 11,400 plus interest at a rate of 5% p.a. 6. Despite having been invited by FIFA to provide its position regarding the claim of the Claimant, the Respondent never provided its response. 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 6 June 2013. Consequently, the DRC judge concluded that the 2012 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 of the 2012 and 2014 edition 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 2014), 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 (editions 2012 and 2014) and, on the other hand, to the fact that the present claim was lodged on 6 June 2013 and that the player was registered with the Respondent on 12 August 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. However, the DRC judge emphasized that in the following considerations, he will refer only to the facts, arguments and documentary evidence which he considered pertinent for the assessment of the matter at hand. 5. In this respect, the DRC judge noted that the Claimant claimed the payment of the amount of currency of country G 11,400 as solidarity contribution from the Respondent, corresponding to 0,19% of the total transfer compensation, plus interest at a rate of 5% p.a. 6. In addition to the above, the DRC judge took into account that according to the information contained in the TMS, the Club R and the Respondent agreed upon a transfer compensation of currency of country E 6,000,000, payable “within 14 days of the Player being registered with [the Respondent] by the Football Federation of country U.”. 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 C Football Federation had confirmed that the player, born on 5 January 1988, was registered with the Claimant as from 7 February 2007 until 30 June 2007 as a professional. 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 7 February 2007 until 30 June 2007, i.e. for 5 months of the season of the player’s 19th birthday. 12. In view of the foregoing and taking into account the amount of the transfer compensation as well as the percentage requested by the Claimant in its statement of the claim, the DRC judge held that the Respondent is liable to pay the amount of currency of country E 11,400 to the Claimant as solidarity contribution in relation to the transfer of the player from Club R 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 rate of 5% p.a. on the amount of currency of country E 11,400 as of date when the claim of the Claimant was lodged in front of FIFA, i.e. as of 6 June 2013 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 H 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 accepted, the DRC judge concluded that the costs of the current proceedings in front of FIFA are to be borne by the Respondent. 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 currency of country E 11,400 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 5,000 (cf. table in Annexe A). III. Decision of the DRC judge 1. The claim of the Claimant, Club S, is accepted. 2. The Respondent, Club D, has to pay to the Claimant, Club S, within 30 days as from the date of notification of this decision, the amount of currency of country E 11,400 plus 5% interest p.a. on said amount as of 6 June 2013 until the day of effective payment. 3. If the aforementioned amount 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, Club D, within 30 days as from the date of the notification of the present decision to FIFA to the following bank account with reference to case no. : 5. The Claimant, Club S, is directed to inform the Respondent, Club D, immediately and directly of the account number to which the remittance under point 2. 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