F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 7 July 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding solidarity contribution in connection with the transfer of the Player E

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber (DRC) judge passed in Zurich, Switzerland, on 7 July 2015, by Theo van Seggelen (Netherlands), DRC judge, on the claim presented by the club, Club A, country B as Claimant against the club, Club C, country D as Respondent regarding solidarity contribution in connection with the transfer of the Player E I. Facts of the case 1. According to the player passport issued by the Football Association of country B, the player from country B, Player E (hereinafter: the player), born on 5 May 1988, was registered with its affiliated club, Club A (hereinafter: the Claimant), as a professional as from 21 January 2008 until 30 August 2010 as a professional. 2. The relevant football seasons in country B ran as follows: - 2007-08 season: as from 11 August 2007 until 17 May 2008; - 2008-09 season: as from 9 August 2008 until 30 May 2009; - 2009-10 season: as from 8 August 2009 until 29 May 2010; - 2010-11 season: as from 14 August 2010 until 28 May 2011. 3. According to the Football Association of country D, the player was registered with its affiliated club, Club C (hereinafter: the Respondent), on 7 March 2014. 4. According to the information contained in the Transfer Matching System (TMS), on 26 February 2014, Club F and the Respondent agreed upon a transfer compensation amounting to EUR 360,000 payable by the Respondent on 26 February 2014. 5. On 27 February 2015, the Claimant contacted FIFA claiming its proportion of the solidarity contribution in connection with the transfer of the player from Club F to the Respondent. In particular, the Claimant requested 1.3068493% of EUR 1,000,000, i.e. EUR 13,068.493, plus 5% interest as of 29 March 2014. 6. In spite of having been invited to do so, the Respondent did not reply to the claim. 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 27 February 2015. Consequently, the DRC judge concluded that the 2014 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 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 2015), 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 (edition 2015) and, on the other hand, to the fact that the present claim was lodged on 27 February 2015 and that the player was registered with the Respondent on 7 March 2014. In view of the aforementioned, the DRC judge concluded 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. 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 emphasised that in the following considerations he will refer only to 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 EUR 13,068.493 as solidarity contribution from the Respondent, corresponding to 1.3068493% of EUR 1,000,000. 6. In addition to the above, the DRC judge took into account that according to the information contained in the TMS, Club F and the Respondent agreed upon a transfer compensation of EUR 360,000 payable on 26 February 2014. 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 Football Association of country B had confirmed that the player, born on 5 May 1988, was registered with the Claimant as from 21 January 2008 until 30 August 2010. 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 as from 21 January 2008 until 30 August 2010, i.e. for 6 months of the season of the player’s 20th birthday, for 12 months of the season of the player’s 21st and 22nd birthday, and for 1 month of the season of the player’s 23rd birthday. In terms of the percentage of the 5% solidarity contribution, the DRC judge calculated that, on a pro rata basis, this corresponds to 25.82% of 5%. 12. In view of all of the above, the DRC judge decided to partially accept the claim of the Claimant and held that the Respondent is liable to pay the amount of EUR 4,649.40 to the Claimant as solidarity contribution in relation to the transfer of the player from Club F 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 EUR 4,649.40 as from 7 April 2014 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 CHF 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 Claimant is the successful party in the proceeding, the DRC judge concluded that the Respondent has to bear the costs of the current proceedings in front of FIFA. 16. According to Annex 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 EUR 13,068.493 related to the claim of the Claimant. Consequently, the DRC judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000 (cf. table in Annex A). 18. As a result, and taking into account the lack of reply of the Respondent as well as the degree of success, the DRC judge determined the costs of the current proceedings to the amount of CHF 5,000, which shall be borne by the Respondent. III. Decision of the DRC judge 1. The claim of the Claimant, Club A, is partially accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of EUR 4,649.40 plus 5% interest p.a. on said amount as from 7 April 2014 until the date of effective payment. 3. In the event that the amount plus interest due to the Claimant in accordance with the above-mentioned point 2 is not paid by the Respondent within the stated time limit, the present matter shall be submitted, upon request, to the FIFA 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 by the Respondent within 30 days of notification of the present decision, 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: CH27 0023 0230 3666 7701U SWIFT: UBSWCHZH80A 6. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance 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: Markus Kattner Acting Secretary General Enclosed: CAS directives