Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 May 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Philippe Piat (France), member
Joaquim Evangelista (Portugal), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the club,
Club P, from country S
as Claimant
against the club,
Club S, from country B
as Respondent
regarding training compensation in connection with the player N
I.
Facts of the case
1.
According to the player passport issued by the Football Association of country S,
the player, N (hereinafter: the player), born on 25 February 1993, was registered
with Club P from country S (hereinafter: the Claimant), as from 1 September 2004
until “9 March 2011” as an amateur.
2.
The football seasons in country S during the period of time the player was
registered with the Claimant, ran as follows:
- the season 2004/2005:
- the season 2005/2006:
- the season 2006/2007:
- the season 2007/2008:
- the season 2008/2009:
- the season 2009/2010:
- the season 2010/2011:
as from 7 August 2004 until 28 May 2005;
as from 6 August 2005 until 6 May 2006;
as from 4 August 2006 until 26 May 2007;
as from 11 August 2007 until 25 May 2008;
as from 16 August 2008 until 30 May 2009;
as from 15 August 2009 until 16 May 2010;
as from 14 August 2010 until 12 June 2011.
4.
According to the information contained in the Transfer Matching System
(TMS), the player was registered with the Club S from country B (hereinafter:
the Respondent), on 9 March 2011.
5.
Equally, according to the information contained in the TMS, the Respondent
belonged to the category III (indicative amount EUR 30,000 per year) during
the season when the player was registered with it, i.e. the 2010/2011 season.
6.
On 25 October 2012, the Claimant contacted FIFA claiming the payment of
training compensation from the Respondent, on the ground that the player,
on 28 February 2011, had signed his first professional contract with the
Respondent. In particular, the Claimant is claiming CHF 50,000 plus interest.
7.
The Claimant explained that the player had joined the Respondent already on
21 June 2010, without having been registered. On 28 February 2011 only,
shortly after he turned 18 years old, the player signed his first professional
contract with the Respondent. The Claimant further explained that it should
be entitled to the amount of EUR 180,000. However, since it is not able to pay
the relevant advance of costs, it limited its claim, on 20 February 2014, to the
amount of CHF 50,000.
8.
On 19 March 2014, the Respondent replied to the Claimant’s claim and stated
that it had “recently changed its owners” and that it had to “gather all
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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documentary evidence”. In this respect, the Respondent requested a deadline
extension.
9.
In spite of having been granted a deadline extension by FIFA until 8 April 2014,
the Respondent did not make any further statements during the course of the
investigation.
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 25 October 2012. Consequently, the 2008 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 par. 2 and 3 of the 2008 and 2012 editions 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
combination with art. 22 lit. d) of the Regulations on the Status and Transfer
of Players (edition 2012), the Dispute Resolution Chamber is competent to deal
with the matter at stake 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 2010 and
2012), and considering that the player was registered with the Respondent on
9 March 2011, the 2010 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. The
members of the Chamber started by acknowledging the facts of the case as
well as the documentation on file. However, the DRC emphasised that in the
following considerations it will refer only to the facts, arguments and
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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5.
documentary evidence which it considered pertinent for the assessment of the
matter at hand.
First of all, the DRC took note that the Claimant maintained that it is entitled
to receive training compensation from the Respondent in the amount of CHF
50,000, indicating that the player had signed his first professional contract
with the Respondent before the end of the season of his 23rd birthday.
6.
Furthermore, the DRC duly noted that the Respondent never took position in
the present matter, although having been invited to do so by FIFA. Therefore,
the DRC deemed that, in this way, the Respondent renounced its right of
defence and accepted the allegations of the Claimant.
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 on file.
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 professional is registered for the first
time as a professional before the end of the season of the player’s 23 rd
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 Association of country S 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 this respect, the members of the Chamber recalled again that the
Respondent had not replied as to the substance of the claim of the Claimant
and therefore ruled that the Respondent did not provide any argument which
would justify the non-payment of training compensation to the Claimant.
10.
Subsequently, the DRC considered that it had to determine which should be
the relevant amount of training compensation to be paid by the Respondent
to the Claimant. In this regard, the DRC went on to establish the proper
calculation of the relevant training compensation due to the Claimant.
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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11.
To that end, the Chamber referred to art. 5 par. 1 and par. 2 of Annexe 4 of
the Regulations, which stipulate that as a general rule, to calculate the
training compensation, it is necessary to take the costs that would have been
incurred by the new club if it had trained the player itself.
12.
In continuation, the Chamber recalled that the player was born on 25 February
1993 and was, according to the player passport issued by the Football
Association of country S, registered with the Claimant as from 1 September
2004 until 9 March 2011. However, the Chamber noted that the Claimant had
submitted that the player had left the club and joined the Respondent already
on 21 June 2010.
13.
On account of the above, the DRC considered that the Claimant would, in
principle, be entitled to receive training compensation for the period as from 1
September 2004 until 21 June 2010.
14.
Equally, the DRC recalled that, according to the information contained in the
TMS, the player was registered with the Respondent on 9 March 2011.
15.
Furthermore, the members of the Chamber recalled that, according to the
information contained in TMS, the Respondent belonged to the category III
(indicative amount EUR 30,000 per year) during the season when the player
was registered with it, i.e. the 2010/2011 season.
16.
In view of all of the above and particularly taking into account that the
Claimant limited its claim to CHF 50,000, the DRC decided to accept the claim
of the Claimant and held that the Respondent is liable to pay the amount of
CHF 50,000 to the Claimant as training compensation in relation to the
registration of the player with the Respondent.
17.
Moreover, taking into consideration the Claimant’s claim, the DRC decided
that the Respondent has to pay interest of 5% p.a. over the amount payable as
training compensation as from 20 February 2014 until the date of effective
payment.
18.
Lastly, the Chamber 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 relating to disputes regarding training
compensation, costs in the maximum amount of CHF 25’000 are levied. It is
further stipulated that the costs are to be borne in consideration of the
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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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.
19.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is CHF 50,000 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
Annexe A).
20.
As a result, considering the degree of success as well as that the Respondent
never took position in the present matter, the DRC determined the final costs
of the current proceedings to the amount of CHF 5,000 which shall be borne
by the Respondent.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club P, is accepted.
2.
The Respondent, Club S, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of CHF 50,000 plus 5%
interest p.a. on said amount as of 20 February 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 the notification of the
present decision, to FIFA to the following bank account with reference to case
nr.:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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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:
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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Markus Kattner
Deputy Secretary General
Enclosed: CAS directives
Training compensation in connection with the player N
(Club P, from country S / Club S, from country B)
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