Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 18 March 2016,
in the following composition:
Geoff Thompson (England), Chairman
Philippe Piat (France), member
John Bramhall (England), member
Theodore Giannikos (Greece), member
Zola Majavu (South Africa), member
on the claim presented by the club,
Club A, country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding a training compensation dispute
related to the transfer of the Player E
I.
Facts of the case
1.
According to the player passports issued by the Football Federation of country
B and the Football Federation of country J, the player, Player E (hereinafter:
the player), born on 20 January 1995, was registered with the following clubs
as follows:
- Club A
(hereinafter: the Claimant),
- Club F
- Club G
- Club H
- Club I
as from 8 August 2002 until 21 June 2010 as
an amateur (in country B);
as from 17 July 2010 until 1 July 2012 as an
amateur (in country B);
as from 6 July 2012 until 27 May 2013 as an
amateur (in country B);
as from 5 August 2013 until 30 June 2014 as
an amateur (in country B);
as from 21 August 2014 until “15 December
2014” as an amateur (in country J).
2.
The football season in country B lasts from 1 July until 30 June of the following
year.
3.
According to the information contained in the Transfer Matching System
(TMS), the player was provisionally registered with the club from country D,
Club C (hereinafter: the Respondent) on 23 September 2014 as a professional
and said club belonged to the category II (indicative amount of EUR 60,000 per
year within UEFA) during the season when the player was registered with the
club.
4.
On 29 September 2015, the Claimant contacted FIFA requesting training
compensation in an amount of EUR 39,753.42 on the ground that the player,
on 23 September 2014, was registered for the first time as a professional with
the Respondent. In addition, the Claimant requested 5% interest p.a. as of 24
October 2014.
5.
In spite of having been invited by FIFA to provide its position regarding the
claim, the Respondent did not respond to the claims or make any statements at
all during the course of the investigation.
Training Compensation for the Player E
(Club A, country B / Club C, country D)
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, it took note that the present matter was submitted to
FIFA on 29 September 2015. Consequently, the 2015 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the
matter at hand (cf. art. 21 of the 2015 edition of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 and 2 of
the Procedural Rules, and confirmed that in accordance with art. 24 par. 1 in
connection with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2015), the Dispute Resolution Chamber is competent to decide
on the present matter relating to training compensation between clubs
belonging to different associations.
3.
Furthermore, the Chamber 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, it confirmed that in accordance with art. 26 par. 1 and 2
of the Regulations on the Status and Transfer of Players (editions 2014 and
2015), and considering that the player was registered with the Respondent on
23 September 2014, the 2014 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 and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In doing
so, the Chamber started by acknowledging the above-mentioned facts of the
case as well as the documents contained in the file. However, the DRC
emphasized 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.
First of all, the members of the DRC took note that the Claimant asserted that
it was entitled to receive training compensation from the Respondent in the
amount of EUR 39,753.42 indicating that the player, on 23 September 2014,
was registered as a professional for the first time with the Respondent.
6.
Equally, the DRC noted that the Respondent failed to present its response to
the claim of the Claimant, despite having been invited to do so. Therefore, the
DRC deemed that, the Respondent renounced its right to defence and, thus,
accepted the allegations of the Claimant.
Training Compensation for the Player E
(Club A, country B / Club C, country D)
3
7.
As a consequence of the aforementioned consideration, the DRC established
that in accordance with art. 9 par. 3 of the Procedural Rules it 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.
8.
Having established the above, the Chamber referred to the rules applicable to
training compensation and stated that, as established in art. 1 par. 1 of Annexe
4 in combination with art. 2 par. 1 lit. i. 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. In
case the player is registered for the first time as a professional, art. 3 par. 1
sent. 1 of Annexe 4 of the Regulations sets forth that 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 and that has contributed to his training starting from the season of
his 12th birthday. Based on the documentation provided by the Football
Federation of country B, the Football Federation of country J and the
information contained in TMS, the Chamber concluded that it could indeed be
established that the player had been registered for the first time as a
professional with the Respondent.
9.
In continuation, the DRC observed that it was undisputed that the player, who
was an amateur, was registered as a professional for the first time with a club
belonging to a different association, i.e. the Respondent, before the end of
the season of his 23rd birthday. In view of the foregoing, the DRC decided that
the Respondent is liable to pay training compensation to the Claimant.
10. Turning its attention to the calculation of training compensation, the Chamber
referred to art. 5 par. 1 and 2 of Annexe 4 to the Regulations, which stipulates
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.
11.
In continuation, the Chamber recalled that the player was born on 20 January
1995 and was registered with the Claimant as from 8 August 2002 until 21
June 2010.
12.
On account of the above, the DRC considered that the Claimant is, thus,
entitled to receive training compensation for the period as from 1 July 2006
until 21 June 2010.
Training Compensation for the Player E
(Club A, country B / Club C, country D)
4
13.
Equally, the DRC recalled that according to the information contained in the
TMS the player was registered with the Respondent on 23 September 2014 as a
professional.
14. In view of all of the above and taking into account the amount claimed by the
Claimant, the DRC decided to accept the Claimant’s claim and held that the
Respondent is liable to pay the amount of EUR 39,753.42 to the Claimant as
training compensation in relation to the first registration of the player as a
professional with the Respondent.
15. Moreover, taking into consideration the Claimant’s claim, the Chamber
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 date when the claim was lodged, i.e. 24 October 2014.
16. Lastly, the DRC 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 Annex A of the Procedural Rules, the costs of the proceedings
are to be levied on the basis of the amount in dispute.
17. In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 39,753.42 related to the claim
of the Claimant. Consequently, the Chamber 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 that the Claimant is the successful party in
the proceeding as well as that the Respondent never replied to the claim, the
Chamber determined the final costs of the current proceedings to the amount
of CHF 5,000 which shall be borne by the Respondent.
Training Compensation for the Player E
(Club A, country B / Club C, country D)
5
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club A, is 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 39,753.42 plus 5%
interest p.a. on said amount as of 24 October 2014 until the date of effective
payment.
3.
In the event that the aforementioned sum 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 CHF 5,000 are to be paid
by the Respondent within 30 days as from the date of notification of the
present decision, to FIFA to the following bank account with reference to case
xxxxxxxxxxxxxxx:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
Training Compensation for the Player E
(Club A, country B / Club C, country D)
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5.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittance under point 2. above is to be
made and to notify the Dispute Resolution Chamber 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: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
__________________________________
Markus Kattner
Acting Secretary General
Training Compensation for the Player E
(Club A, country B / Club C, country D)
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Enclosed: CAS directives
Training Compensation for the Player E
(Club A, country B / Club C, country D)
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