Training Compensation
Texto da decisão
Decis ion of the
S ingle Judge of the s ub-com m ittee of the Dis pute
Res olution Cham ber (DRC)
passed on 5 February 2019,
by Eirik Monsen (Norway),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Club A, from country A
as Claimant
against the club,
Club B, from country B
as Respondent
regarding training compensation in connection with
the player, Player X
I.
Facts of the cas e
1.
According to the player passport issued by the Football Association of country A, the
player, Player X (hereinafter: the player), born on 25 August 1994, was registered as a
professional with its affiliated club, Club A (hereinafter: the Claimant), as of 19
February 2010 until 30 August 2017.
2.
Pursuant to the information provided by the Football Association of country A, the
sporting seasons in country A follow the calendar year.
3.
According to the information contained in the Transfer Matching System (TMS), the
player, coming from the Claimant, was registered as a professional with the Club B,
from country B (hereinafter: the Respondent), on 31 August 2017.
4.
Pursuant to the information in the TMS, the Respondent belonged to the category III
(UEFA indicative amount of EUR 30,000 per year) at the moment the player was
registered with it.
5.
In this framework, on 25 July 2018, the Claimant contacted FIFA claiming its proportion
of training compensation on the ground of the transfer of the player as a professional
to a club of a different association, before the end of the season of his 23rd birthday.
In particular, Club A requested the amount of EUR 175,890 plus 5% interest as of the
31st day after the player’s registration with the Respondent.
6.
In spite of having been invited to do so, the Respondent did not reply to the Claimant’s
claim.
II.
Cons iderations of the S ingle Judge of the s ub-com m ittee of the DRC
1.
First of all, the Single Judge of the sub-committee of the Dispute Resolution Chamber
(hereinafter also referred to Single 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 25 July 2018. Consequently, the 2018 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: Procedural Rules) is applicable to the matter at hand (cf. art. 21
of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 of the Procedural Rules, which states
that the Dispute Resolution Chamber shall examine its jurisdiction in light of arts. 22
to 24 of the Regulations on the Status and Transfer of Players (edition 2018). In
accordance with art. 3 of Annexe 6 in conjunction with art. 24 par. 3 and art. 22 lit. d)
of the Regulations on the Status and Transfer of Players, the Single Judge is competent
Training compensation for the player, Player X
(Club A, from country A / Club B, from country B)
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to decide on the present dispute relating to training compensation between clubs
belonging to different associations handled through TMS.
3.
Furthermore, and taking into consideration that the player was registered with the
Respondent on 31 August 2017, the Single Judge analysed which regulations should
be applicable as to the substance of the matter. In this respect, he confirmed that, in
accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of
Players (edition 2018), the 2016 edition of the said regulations (hereinafter:
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Single Judge and the applicable regulations having been
established, the Single Judge entered into the substance of the matter. The Single
Judge started by acknowledging the above-mentioned facts of the case as well as the
documentation on file. However, the Single 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. In particular,
the Single Judge recalled that, in accordance with art. 6 par. 3 of Annexe 3 of the
Regulations, FIFA may use, within the scope of proceedings pertaining to the
application of the Regulations, any documentation or evidence generated or
contained in the TMS.
5.
First of all, the Single Judge recalled that, in accordance with the player passport issued
by the Football Association of country A, the player, born on 25 August 1994, was
registered with the Claimant as from 19 February 2010 until 30 August 2017 as a
professional and that he was subsequently registered with the Respondent on 31
August 2017, also as a professional.
6.
In continuation, the Single Judge took note that the Claimant requested the payment
of the training compensation from the Respondent on the ground of the definitive
transfer of the player as a professional to the Respondent before the end of the season
of his 23rd birthday. In particular, the Single Judge took note that the Claimant
requested the amount of EUR 175,890 plus interest.
7.
Equally, the Single Judge noted that the Respondent, despite having been invited to
do so, failed to present its response to the claim of the Claimant and, in this way,
renounced its right to defence.
8.
As a consequence of the aforementioned consideration, the Single Judge established
that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision
upon the basis of the documents already on file, in other words upon the statements
and documents presented by the Claimant.
9.
Furthermore, and hereby referring to the rules applicable to training compensation,
the Single Judge stated that, as established in art. 20 of the Regulations in combination
Training compensation for the player, Player X
(Club A, from country A / Club B, from country B)
3
with art. 1 par. 1 and art. 2 par 1. of Annexe 4 of the Regulations, training
compensation is payable, as a general rule, for training incurred between the ages of
12 and 21 when a player is registered for the first time as a professional before the
end of the season of the player’s 23rd birthday or when a professional is transferred
between clubs of two different associations before the end of the season of the
player’s 23rd birthday.
10.
In continuation, the Single Judge observed that, based on the documents at disposal,
it can be established that the player was registered with the Claimant before the end
of the season of his 21st birthday, i.e. as from 19 February 2010 until 31 December 2015,
as a professional. Likewise, the Single Judge noted that the player continued to be
registered with the Claimant until 30 August 2017 and was registered with the
Respondent as a professional on 31 August 2017, i.e. before the end of the season of
his 23rd birthday.
11.
In view of the foregoing, the Single Judge concluded that the Respondent is liable to
pay training compensation to the Claimant for the training of the player in accordance
with art. 20 as well as Annexe 4 of the Regulations.
12.
Turning its attention to the calculation of the training compensation, the Single Judge
referred to art. 3 par. 1 sent. 2 of Annexe 4 of the Regulations, which stipulates that
the amount payable is calculated on a pro rata basis according to the period of training
that the player spent with each club. As such, the Single Judge concluded that the
effective period of time to be considered in the matter at stake corresponds to 10
months of the season of the player’s 16th birthday and the entire seasons of the player’s
17th, 18th, 19th, 20th and 21st birthday.
13.
Furthermore, the Single Judge referred to art. 5 paras. 1 and 2 of Annexe 4 of the
Regulations, which stipulate that, as a general rule, to calculate the training
compensation due to a player’s former club, it is necessary to take the costs that would
have been incurred by the new club if it had trained the player itself.
14.
In this respect, the Single Judge took due note that, according to the information
contained in the TMS, the Respondent belonged to category 3 (indicative amount of
EUR 30,000 per year within UEFA) at the time the player was registered with it.
15.
Consequently, taking into consideration all the above, the Single Judge decided that
the Respondent is liable to pay the amount of EUR 175,000 to the Claimant for the
training and education of the player.
16.
Moreover, taking into consideration the Claimant’s request as well as art. 3 par. 2 of
Annexe 4 of the Regulations, the Single Judge decided that the Respondent has to
pay, in conformity with its longstanding practice, interest at 5% p.a. over the amount
payable as training compensation as of the 31st day of the registration of the player
Training compensation for the player, Player X
(Club A, from country A / Club B, from country B)
4
with the Respondent as a professional, i.e. as of 1 October 2017 until the date of
effective payment.
17.
Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in conjunction with
art. 18 par. 1 of the Procedural Rules, according to which, in proceedings before the
DRC 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 and that, in accordance with Annexe A of the
Procedural Rules, the costs of the proceedings are to be levied on the basis of the
amount in dispute.
18.
In respect of the above, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 175,890 related to the claim of the
Claimant. Consequently, the Single Judge concluded that the maximum amount of
costs of the present proceedings corresponds to CHF 25,000.
19.
As a result, the Single Judge determined the costs of the current proceedings to the
amount of CHF 20,000 which, considering the degree of success, shall be borne by the
Respondent.
20.
The Single Judge concluded his deliberations by rejecting any further claim of the
Claimant.
III.
Decision of the S ingle Judge of the s ub-com m ittee of the DRC
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club B, has to pay to the Claimant, w ithin 30 day s as from the date
of notification of this decision, the amount of EUR 175,000, plus 5% interest p.a. as of
1 October 2017 until the date of effective payment.
3.
In the event that the aforementioned amount plus interest is not paid by the
Respondent 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 is rejected.
5.
The final costs of the proceedings in the amount of CHF 25,000 are to be paid by the
Respondent, w ithin 30 day s of notification of the present decision, as follows:
5.1
The amount of CHF 20,000 has to be paid to FIFA to the following bank
account with reference to case no. XXXX:
Training compensation for the player, Player X
(Club A, from country A / Club B, from country B)
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UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.2
6.
The amount of CHF 5,000 has to be paid to the Claimant.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittances under points 2. and 5.2 are to be made and
to notify the Single Judge of the sub-committee of the DRC of every payment received.
*****
Note relating to the m otiv ated decision (legal remedy):
According to art. 58 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: [email protected]
www.tas-cas.org
For the Single Judge of the
sub-committee of the DRC
Emilio García Silvero
Chief Legal Officer
Encl.: CAS directives
Training compensation for the player, Player X
(Club A, from country A / Club B, from country B)
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