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 19 February 2015, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Joaquim Evangelista (Portugal), member Theodore Giannikos (Greece), member on the matter involving the club, Club A, Country B, as Claimant and the club, Club C, Country D as Respondent and the club, Club E, Country B, as Intervening party regarding solidarity contribution in connection with the transfer of the Player F

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 19 February 2015, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Joaquim Evangelista (Portugal), member Theodore Giannikos (Greece), member on the matter involving the club, Club A, Country B, as Claimant and the club, Club C, Country D as Respondent and the club, Club E, Country B, as Intervening party regarding solidarity contribution in connection with the transfer of the Player F I. Facts of the case 1. According to the player passport issued by the Football Federation of Country B on 7 January 2013 (hereinafter: player passport n°1), the Player of Country B, Player F (hereinafter: the player), born on 13 August 1992, was registered with its affiliated club, Club E, from 14 August 2008 until 19 December 2012. 2. Pursuant to the player passport issued by the Football Federation of Country B on 19 February 2013 (hereinafter: player passport n°2), the player was registered with the following clubs: - Club A (hereinafter: the Claimant) from 1 January 2004 until 31 December 2005; - Club E from 23 March 2006 until 19 December 2012. 3. The Football Federation of Country B also confirmed that the sporting season in Country B follows the calendar year. 4. According to a written confirmation from the Football Federation of Country D, the player was registered with its affiliated club, Club C (hereinafter: the Respondent), on 7 January 2013. 5. On 9 September 2013, the Claimant lodged a claim before FIFA against the Respondent, claiming its proportion of the solidarity contribution in connection with the transfer of the player from Club E to the Respondent. In this respect, the Claimant requested 10% of the 5% solidarity contribution, equivalent to EUR 215,000, plus 5% interest “as from 30 (thirty) days after the registration of the player”. 6. Pursuant to the transfer agreement uploaded in the Transfer Matching System (TMS), the transfer compensation agreed upon between Club E and the Respondent amounted to EUR 43,000,000, composed of the following two instalments: - EUR 32,000,000 due by 18 January 2013; - EUR 11,000,000 due by 16 February 2013. 7. Article 2.2. of the above-mentioned transfer agreement stipulates that “it is expressly agreed between the Parties that the Transfer Fee comprises and includes any training and educational allowances as well as the part of solidarity contribution which may be due to Club E as a result of the Transfer (…). Club E declares and warranties that it is the only former club of the Player, since the season of his 12 years old to the date of signature of the Agreement”. 8. In its statement of defence, the Respondent sustained that it acted in good faith. In particular, the Respondent maintained having paid the 5% solidarity contribution to Club E – together with the transfer compensation – upon arrival of the player and on the basis of the player passport n°1, according to which Club E appeared to be the only training club. 9. Subsequently, the Respondent explained that on 25 February 2013, the Claimant contacted the Respondent, requesting its portion of the solidarity contribution and providing the player passport n°2 in support of its claim. After the Football Federation of Country B confirmed the authenticity of the player passport n°2 on 13 May 2013, the Respondent then asked Club E on two occasions, i.e. on 24 May 2013 and 27 February 2014, the reimbursement of the amount of EUR 239,275 corresponding to the period as from 1 January 2004 until 22 March 2006. 10. In this context, and in the event the Claimant is effectively entitled to its portion of the solidarity contribution, the Respondent requests FIFA the following: - either the Claimant turns to Club E directly in order to collect the amount allegedly due as solidarity contribution; - or the Respondent pays the Claimant its portion of the solidarity contribution only after the reimbursement by Club E of the amount in dispute. 11. Upon FIFA’s request, Club E provided its position to the matter at stake. Club E holds having questioned the Football Federation of Country B on 6 August 2014 regarding the discrepancy of both player passports. On 25 August 2014, the Football Federation of Country B sent a correspondence to Club E in which it admitted having altered the player passport, based inter alia on documentation received from “Football Association of City of Country B” which apparently informed the Football Federation of Country B that the player played for the Claimant in competitions organized by the Football Association of City of Country B in 2004 and 2005. 12. Moreover, Club E states that, except the player passport n°2, the Claimant did not provide any evidence of the player being registered with it. Club E further stresses that Football Association of City of Country B is not affiliated to the Football Federation of Country B and therefore, is not part of the “organised football” as referred to in FIFA Regulations on the Status and Transfer of Players. Club E consequently considers that any participation of the player in the competitions of Football Association of City of Country B is irrelevant for solidarity contribution purposes. 13. On account of the foregoing, Club E deems that the Claimant is not entitled to receive solidarity contribution. 14. Upon FIFA’s request, the Football Federation of Country B confirmed that the player passport n°2 is the correct one, alleging that, in the player passport n°1, it had not included the seasons in which the player played as an amateur and thus, the complete and correct one is the player passport n°2. 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 9 September 2013. Consequently, the Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2012; hereinafter: 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 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 (editions 2012 and 2014) and, on the other hand, to the fact that the present claim was lodged on 9 September 2013 and that the player was registered with the Respondent on 7 January 2013. In view of the aforementioned, the Chamber confirmed that the 2012 edition of the Regulations on the Status and Transfer of Players (hereinafter: Regulations) is applicable to the matter at hand as to the substance. 4. The competence of the Chamber and the applicable regulations having been established, the Chamber 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 EUR 215,000 as solidarity contribution from the Respondent, corresponding to 10% of the 5% solidarity contribution. 6. 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, Club E and the Respondent agreed upon a transfer compensation of EUR 43,000,000 payable in two instalments, i.e. EUR 32,000,000 due by 18 January 2013 and EUR 11,000,000 due by 16 February 2013. 7. Furthermore, the DRC noted that the Respondent deems that the Claimant is not entitled to receive any solidarity contribution arguing that it paid the 5% solidarity contribution to Club E, based on the player passport n°1 which indicated Club E as being the only training club, and that the Claimant requested its portion of the solidarity contribution thereafter, on the basis of the player passport n°2. 8. In view of the above, the Chamber deemed fundamental to refer to the timeline of events in order to determine whether the Claimant is entitled to solidarity contribution. First of all, the DRC recalled that, on 7 January 2013, the player was transferred from Club E to the Respondent. According to the transfer agreement, the transfer compensation was payable in two instalments, the last instalment of EUR 11,000,000 being due by 16 February 2013. The DRC further observed that the due amount as transfer compensation, which the Respondent stated having paid to Club E upon arrival of the player and which was uncontested by the other parties involved, included the 5% solidarity contribution in accordance with the player passport n°1. 9. In continuation, the members of the Chamber took due note that, on 25 February 2013, the Claimant requested the Respondent its portion of the 5% solidarity contribution, as per the player passport n°2 which was issued on 19 February 2013, i.e. after the transfer compensation of EUR 43,000,000 became due and was paid. 10. In view of the aforementioned, and irrespective of the subsequent confirmation of the Football Federation of Country B regarding the validity of the player passport n°2, the DRC carefully considered that by the time the transfer compensation fell due and was paid, the only training club entitled to solidarity contribution, as per the player passport n°1, was Club E. 11. In light of all the foregoing, the Chamber concluded that the Respondent could rely in good faith on the player passport n°1 and reasonably assume that the player had not been trained by any other club than Club E. 12. On the basis of all these considerations, the DRC unanimously concluded that the claim of the Claimant for the solidarity contribution must be rejected. 13. As a final remark, the members of the Chamber referred the parties to the Football Federation of Country B in order to seek further clarification with regard to the discrepancies between the relevant player passports. III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant is rejected. 2. The final costs of the proceedings in the amount of CHF 12,000 are to be paid by the Claimant to FIFA, CHF 5,000 of which have already been paid as advance of costs at the start of the present proceedings. Consequently, the additional amount of CHF 7,000 is to be paid by the Claimant to FIFA within 30 days of notification of the present decision, to the following bank account: UBS Zurich Account number 366.677.01U (FIFA Players’ Status) Clearing number 230 IBAN: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A ***** Note relating to the motivated decision (legal remedy): According to art. 63 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