Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 May 2015,
in the following composition:
Geoff Thompson (England), Chairman
Damir Vrbanovic (Croatia), member
Alejandro Marón (Argentina), member
Johan van Gaalen (South Africa), member
Rinaldo Martorelli (Brazil), 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 passport issued by the Football Federation of Country B, the
Player E (hereinafter: the player), born on 13 September 1994, was registered as an
amateur with its affiliated clubs as follows:
- Club F
- Club G
- Club H
- Club A
- Club I
as from 1 June 2006 until 31 July 2009;
as from 1 August 2009 until 31 July 2010;
as from 1 August 2010 until 31 July 2011;
as from 1 August 2011 until 31 July 2012;
as from 1 August 2012 until 1 September 2014.
2.
The football season in Country B lasts from 1 July until 30 June of the following
year.
3.
According to the Football Association of Country D, the player was registered with
its affiliated club, Club C (hereinafter: the Respondent), on 1 September 2014 as a
professional.
4.
Furthermore, according to the information contained in the Transfer Matching
System (TMS), the Respondent belonged to the category III (indicative amount of
EUR 30,000 per year within UEFA) during the season when the player was registered
with the club.
5.
On 9 December 2014, FIFA was contacted by Club A (hereinafter: the Claimant)
which requested training compensation in the amount of EUR 30,000 plus 5%
interest p.a. as of 30 days after the amount became due, on the ground that the
player, on 2 September 2014, was registered as a professional for the first time with
the Respondent.
6.
In spite of having been invited by FIFA to provide its position regarding the claim,
the Respondent did not respond to the claim or make any statements at all 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 9 December
2014. Consequently, the 2014 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 2014 and
2015 Procedural Rules).
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
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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 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 1 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. The members of the
Chamber started by acknowledging the above-mentioned facts of the case as well
as the documents contained in the file. However, the DRC emphasised 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 30,000 indicating that the player, on 2 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.
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
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
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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 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 13 September
1994 and was registered with the Claimant as from 1 August 2011 until 31 July 2012.
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 August 2011 until 31 July
2012.
13.
Equally, the DRC recalled that the Football Association of Country D confirmed that
the player was registered with the Respondent on 1 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 30,000 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. 9 December 2014.
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
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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 30,000 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 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.
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 30,000 plus 5% interest p.a.
on said amount as of 9 December 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:
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
Deputy Secretary General
Enclosed: CAS directives
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
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