Training Compensation
Texto da decisão
REF TMS 9363
Decision of the
Dispute Resolution Chamber
passed on 10 March 2022
regarding training compensation for the player Mohamed Kalil TRAORÉ
COMPOSITION:
Frans De Weger (Netherlands), Chairperson
Roy Vermeer (Netherlands), member
José Luis Andrade (Portugal), member
CLAIMANT:
ELEPHANT DE COLEAH, Guinea
RESPONDENT:
HAPOEL TEL AVIV, Israel
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REF TMS 9363
I.
FACTS OF THE CASE
Player:
Mohamed Kalil TRAORÉ
Date of birth:
9 July 2000
Player passports:
(1) on 7 September 2021, the Fédération Guinéenne de Football (FGF) issued a first
player passport, which it uploaded in TMS on 8 September 2021:
Season
20122016
2016 –
2017
2017 –
2018
2018 2019
2019 –
2020
Birthday
n/a
2020 2021
n/a
n/a
n/a
n/a
n/a
Club(s)
Academie
Sainte
Marie de Dixinn
Elephant de Coleah
D2
Elephant de Coleah
D1
Club Olympique de
Coyah D1
Super
Olympien
Afrique Renaissante
D1
CI Kamsar
Registration dates
Informel Formateur
Status
Amateur
10/12/2016
Amateur Prêt
01/11/2017
Amateur Prêt
14/12/2018
Amateur Prêt
28/10/2019
Amateur Prêt
07/10/2020
Amateur Prêt
(2) on 27 September 2021, the FGF issued a second player passport, which was
uploaded in TMS on 28 September 2021:
Season
20122016
2016 –
2017
2017 –
2018
2018 2019
2019 –
2020
Birthday
n/a
2020 2021
n/a
n/a
n/a
n/a
n/a
Club(s)
Academie
Sainte
Marie de Dixinn
Elephant de Coleah
D2
Elephant de Coleah
D1
Club Olympique de
Coyah D1
Super
Olympien
Afrique Renaissante
D1
CI Kamsar
Registration dates
Informel Formateur
Status
Amateur
10/12/16 – 31/07/17
Amateur Prêt
01/11/17 – 31/07/18
Amateur Prêt
14/12/18 – 31/07/19
Amateur Prêt
28/10/19 – 31/07/20
Amateur Prêt
07/10/20 – 31/07/21
Amateur Prêt
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REF TMS 9363
Date of transfer:
25 August 2021, from CI Kamsar (Ivory Coast) to Hapoel Tel Aviv (Israel) as
professional (loan)
Loan agreement according to which a loan fee of USD 10,000 was payable by the
latter to the former 10 days after issuance of the ITC.
Art. 1 of the agreement stipulates the following:
“CIK accepts, in mutual agreement with the Player, to temporarily suspend the
employment contract of the Player, and to temporarily transfer the player to [the
Respondent] from 1 July 2021 until 1 July 2022.”
Art. 4 gives to the Respondent an option to buy 90% of the player’s economic rights
against USD 50,000, option to be triggered by 1 June 2022 at the latest.
In parallel, the player signed an employment agreement with the Respondent, valid
as from 1 July 2021 until 31 May 2022, according to which the player was set to
inter alia receive a net salary of NIS 30,000.
Said contract also stipulates that should the Respondent trigger the
aforementioned option to buy, the employment contract would be automatically
extended until 31 May 2026.
Claimant club:
ELEPHANT DE COLEAH (Guinea)
Respondent club:
Hapoel Tel Aviv (Israel)
UEFA, category III (EUR 30,000 per year)
Claim and Response:
1.
On 8 November 2021, the Claimant requested the payment of training compensation in the amount
of EUR 41,506.84, plus 5% interest p.a. as from 13 July 2021.
2.
In its calculation, the Claimant took into consideration the training category of the Respondent, i.e.
UEFA category III (indicative amount of EUR 30,000 per year), which it multiplied pro rata by the 233
days the player was registered with it during season 2016/2017 and the 272 days the player was
registered with it during season 2017/2018.
3.
In addition, the Claimant requested the payment of EUR 30,000 as moral prejudice.
4.
In this respect, the Claimant indicated having attempted several times to contact the Respondent, to
no avail.
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REF TMS 9363
5.
On 12 November 2021, the FIFA administration contacted the FGF and requested to be provided with
a copy of the player’s employment contract with CI Kamsar, as referred in art. 1 of the loan
agreement.
6.
On 13 November 2021, the FGF confirmed that the player was registered permanently under
amateur status with CI Kamsar.
7.
The Respondent did not reply to the claim of the Claimant.
II.
LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): August 2021 edition
Procedural Rules Governing the Football Tribunal (Procedural Rules): October 2021
edition
Decision:
1.
The claim of the Claimant is based on the first registration of the player as a professional with the
Respondent.
2.
The Respondent did not reply to the claim. Thus, the allegations brought forward by the Claimant
remain undisputed.
3.
According to the second FGF player passport, the player was inter alia registered with the Claimant
as from 10 December 2016 until 31 July 2017, and as from 1 November 2017 until 31 July 2018, that
is to say during:
a. 22 days of the calendar year of his 16th birthday;
b. 273 days of the calendar year of his 17th birthday; and
c. 212 days of the calendar year of his 18th birthday.
4.
Art. 2 par. 1 lit. ii) of Annexe 4 RSTP stipulates that training compensation is due when a professional
is transferred between clubs of two different associations (whether during or at the end of his
contract) before the end of the season of his 23rd birthday.
5.
On 25 August 2021, the player was loaned by CI Kamsar (Guinea) to the Respondent, where he signed
a professional contract valid for one season.
6.
According to the information entered in TMS by CI Kamsar, the player’s former club, and the
Respondent, the new club, the player was under professional contract with CI Kamsar, a contract
which was suspended for the duration of the loan.
7.
Art. 20 and Annexe 4 RSTP do not apply to temporary transfer of professional players.
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REF TMS 9363
8.
Therefore, based on the above, training compensation is in principle not due.
9.
According to art. 10 par. 1 RSTP, a professional may be loaned to another club on the basis of a
written agreement between him and the clubs concerned. Any such loan is subject to the same rules
as apply to the transfer of players, including the provisions on training compensation and the
solidarity mechanism.
10.
Art. 10 RSTP, titled “loan of professionals”, only tolerates international temporary transfer of
registration for professional players. Loan of amateurs are tacitly excluded, since an amateur player,
i.e. a player without a professional contract, is in principle free to register with a new club at any time
(if said registration is made in compliance with Annexe 3 RSTP).
11.
In other words, a player registered as an amateur in one country is in principle prohibited to be
loaned by his club to another club based in another country.
12.
It is undisputed that the two FGF player passports stipulate that the player was always registered as
an amateur in Guinea, including with the former club CI Kamsar.
13.
What is more, the FGF confirmed on 13 November 2021, when requested to provide a copy of the
alleged contract the player had with CI Kamsar, that the player was registered as an amateur with CI
Kamsar, the player’s former club in the sense of the RSTP.
14.
Based on the above, and in the absence of any evidence of the contrary submitted by the
Respondent, it is established that the player was always registered as an amateur in Guinea.
15.
It is unchallenged that the Respondent:
a. Signed a loan agreement and proceeded in TMS, in collaboration with CI Kamsar, to the
loan of the amateur player from Guinea to Israel where he registered as a professional on
25 August 2021, i.e. before the end of the calendar year of his 23 rd birthday, against the
payment of a fixed fee of USD 10,000 + an option to buy set at USD 50,000; and
b. Signed a professional contract with the player valid for 1 season with an automatic
extension for 4 additional seasons if the option to buy is triggered;
16.
Consequently, it is determined that the registration of the player with the Respondent on 25 August
2021 constituted de facto his first professional registration as a professional in the sense of the RSTP,
before the end of the season of his 23rd birthday.
17.
According to art. 2 par. 1 lit. i) of Annexe 4 RSTP, training compensation is due when a player is
registered for the first time as a professional before the end of the calendar year of his 23rd birthday.
18.
Therefore, training compensation is due.
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REF TMS 9363
19.
Art. 3 par. 1 of Annexe 4 RSTP stipulates that on registering as a professional for the first time, the
club with which the player is registered is responsible for paying training compensation within
30 days of registration to every club with which the player has previously been registered (in
accordance with the players’ career history as provided in the player passport) and that has
contributed to his training starting from the calendar year of his 12th birthday. The amount payable
is calculated on a pro rata basis according to the period of training that the player spent with each
club.
20.
The player was registered with the Claimant as follows:
a. 22 days of the calendar year of his 16th birthday;
b. 273 days of the calendar year of his 17th birthday; and
c. 212 days of the calendar year of his 18th birthday.
21.
In view of the above, training compensation is due to the Claimant.
22.
According to art. 3 par. 2 of Annexe 4 RSTP, the deadline for payment of training compensation is
30 days following the registration of the professional with the new association.
23.
The player registered with the Respondent on 25 August 2021.
24.
Thus, the Respondent had to pay any due training compensation by 24 September 2021.
25.
It is undisputed that the Respondent did not pay training compensation to the Claimant.
26.
Art. 5 par. 2 of Annexe 4 RSTP foresees that the first time a player registers as a professional, the
training compensation payable is calculated by taking the training costs of the new club multiplied
by the number of years of training, in principle from the season of the player’s 12th birthday to the
season of his 21st birthday.
27.
The Respondent was classified under training category III. The yearly amount set for category III clubs
in UEFA corresponds to EUR 30,000.
28.
Therefore, the Claimant is entitled to receive training compensation in the amount of EUR 41,671.24,
corresponding to:
a. EUR 1,808.22 for the training and education provided to the player during the 22 days of
the calendar year of his 16th birthday;
b. EUR 22,438.36 for the training and education provided to the player during the 273 days of
the calendar year of his 17th birthday;
c. EUR 17,424.66 for the training and education provided to the player during the 212 days of
the calendar year of his 18th birthday;
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REF TMS 9363
29.
Nevertheless, the Claimant limited its training compensation claim to EUR 41,506.84. Thus, and in
line with the legal principle of non ultra petita, the Claimant shall be awarded EUR 41,506.84 only.
30.
In addition, taking into account the specific request of the Claimant as well as the well-established
jurisprudence of the DRC with regard to interest, the Claimant is entitled to receive interest at the
rate of 5% p.a. on the due amount as of the day after it became due, i.e. as of 25 September 2021.
31.
The claim for moral prejudice is rejected in the absence of any legal basis.
32.
According to art. 25 par. 2 of the Procedural Rules, procedural costs are payable for disputes between
clubs regarding the payment of solidarity contribution.
33.
The Claimant claimed the amount of EUR 71,506.84.
34.
Thus, the amount claimed by the Claimant corresponds to an amount higher than USD 50,000 and
lower than USD 99,999. Therefore, procedural costs levied in this respect are fixed to USD 10,000 (cf.
art. 2 of Annexe 1 to the Procedural Rules).
35.
According to art. 25 par. 5 of the Procedural Rules, the chamber will decide the amount that each
party is due to pay, in consideration of the parties’ degree of success and their conduct during the
procedure, as well as any advance of costs paid. In exceptional circumstances, the chamber may
order that FIFA assumes all procedural costs.
36.
In view the specific circumstances of the case, it is proposed that costs of USD 5,000 are levied.
37.
In view of the outcome of the case and the conduct of the parties during the proceedings, the costs
are to be imposed on the Respondent.
38.
Art. 24bis is applicable.
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REF TMS 9363
▪
III.
DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Elephant de Coleah, is partially accepted.
2.
The Respondent, Hapoel Tel Aviv, shall pay to the Claimant training compensation of EUR 41,506.84,
plus 5% interest per annum on this amount, as from 25 September 2021 until the date of effective
payment.
3.
Any further claim of the Claimant is rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated in the
enclosed Bank Account Registration Form.
5.
Pursuant to article 24bis of the Regulations on the Status and Transfer of Players if full payment
(including all applicable interest) is not paid within 45 days of notification of this decision, the following
consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall be of
three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee in the
event that full payment (including all applicable interest) is still not paid by the end of the of the
three entire and consecutive registration periods.
6. The consequences shall only be enforced at the request of the Claimant in accordance with article 24
paragraphs 7 and 8 and article 25 of the Regulations on the Status and Transfer of Players.
7. The final costs of the proceedings in the amount of USD 5,000 are to be paid by the Respondent to FIFA
with reference to case no. TMS 9363 (cf. note relating to the payment of the procedural costs below).
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF TMS 9363
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before the Court of
Arbitration for Sport within 21 days of notification.
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party
within five days of the notification of the motivated decision, to publish an anonymised or a redacted
version (cf. article 17 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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