Training Compensation
Texto da decisão
Decision of the
Single Judge of the sub-committee of the Dispute
Resolution Chamber (DRC)
passed on 17 May 2016,
by Mr Mario Gallavotti (Italy),
Single Judge of the sub-committee of the DRC,
on the claim presented by the club,
Club A, country B
as Claimant
against the club,
Club C, country D
as Respondent
regarding training compensation in connection
the Player E
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of country B, the
player, Player E, born on 13 June 1996, was registered with Club A (hereafter: the
Claimant) as from 22 August 2012 until 15 September 2014 as an amateur.
2.
The football season in country B lasts from 1 July to 30 June of the following year.
3.
Furthermore, the Football Federation of country D confirmed that the player was
registered with the following clubs from country D:
Club
Registration dates
Status
Club F
from 7 June 2011 until 28 August 2011
Amateur
Club G
from 29 August 2011 until 20 August 2012
Amateur
Club F
from 15 September 2014 until 16 September 2014
Amateur
Club H
from 17 September 2014 until 15 July 2015
Amateur
Club F
from 16 July 2015 until 17 July 2015
Amateur
Club C
(hereinafter: the
Respondent)
from 17 July 2015
Professional
4.
According to the player passport issued by the Football Federation of country B, the
Claimant belonged to the category 2 (indicative amount of EUR 60,000 per year within
UEFA) at the time the player was registered with it.
5.
According to the information contained in the Transfer Matching System (TMS), the
Respondent belonged to the category 3 (indicative amount of EUR 30,000 per year within
UEFA) at the time the player was registered with it.
6.
On 18 January 2016, the Claimant contacted FIFA asking for its proportion of training
compensation from the Respondent for the first professional registration of the player.
In particular, the Claimant is requesting EUR 60,000, plus unspecified interest.
7.
In spite of having been invited to do so, the Respondent did not reply to the claim within
the given deadline.
II.
Considerations of the Single Judge of the sub-committee of the DRC
1.
First of all, Single Judge of the sub-committee of the DRC (hereinafter also referred
to as the 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
18 January 2016. Consequently, the 2015 edition of the Rules Governing the
Training compensation for the Player E
(Club A, country B / Club C, country D)
2/6
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 Single Judge 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), he is competent
to deal with the matter at stake relating to training compensation between clubs
belonging to different associations.
3.
Furthermore, and taking into consideration that the player was registered with the
Respondent on 17 July 2015, the Single Judge 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, he confirmed that in accordance with art. 26
par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2015),
the 2015 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.
His competence and the applicable regulations having been established, the Single
Judge entered into the substance of the matter. The Single Judge started by
acknowledging the facts of the case as well as the documentation on file. However,
he 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.
5.
First of all, the Single Judge took note that the Claimant maintained that it is entitled
to receive training compensation from the Respondent in the amount of EUR 60,000,
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 Single Judge duly noted that, although having been invited to do
so by FIFA, the Respondent only provided its position once the time frame to reply
had expired. Therefore, the Single Judge deemed that the Respondent renounced to
its right to defence and accepted the allegations of the Claimant.
7.
As a consequence of the aforementioned consideration, the Single Judge 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 as well as upon the information
contained in the TMS.
8.
Having established the above, the Single Judge referred to the rules applicable to
cases regarding training compensation and stated that, as established in art. 20 of the
Regulations as well as in art. 2 par. 1 of Annexe 4 of the Regulations, training
compensation is payable, as a general rule, when a player is registered for the first
time as a professional before the end of the season of the player’s 23 rd birthday or
when a professional is transferred between clubs of two different associations before
Training compensation for the Player E
(Club A, country B / Club C, country D)
3/6
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.
9.
The aforementioned having been established, the Single Judge then referred to art.
6 of Annexe 4 of the Regulations, which contains special provisions regarding players
moving from one association to another association inside the territory of the
European Union (EU)/European Economic Area (EEA). In this regard, he indicated
that, since the player moved from one association to another association inside the
territory of the EU, said article is applicable. Hence, the Single Judge concluded that
art. 6 par. 3 of Annexe 4 of the Regulations applies in the case at hand as lex specialis.
10.
However, in this regard, the Single Judge pointed out that, in casu, a possible
obligation to offer the player a contract in compliance with art. 6 par. 3 of Annexe 4
of the Regulations would in principle lie with the former club of the player and not
with the Claimant. As stated in art. 6 par. 3 of Annexe 4 of the Regulations, said
provision is without prejudice to the right of training compensation of the player’s
previous club(s).
11.
On account of the above considerations, the Single Judge decided that the
Respondent is liable to pay training compensation to the Claimant.
12.
Turning his attention to the calculation of training compensation, the Single Judge
recalled that the player was born on 13 June 1996 and was registered with the
Claimant as from 22 August 2012 until 15 September 2014 as an amateur.
13.
Equally, the Single Judge recalled that the Football Federation of country D
confirmed that the player was registered with the Respondent on 17 July 2015 as a
professional.
14.
On account of the above and in accordance with art. 20 in combination with Annexe
4 of the Regulations, the Single Judge considered that the Claimant is, thus, entitled
to receive training compensation for the period as from 22 August 2012 until 15
September 2014.
15.
In view of all of the above and taking into account the amount claimed, the Single
Judge decided to accept the claim of the Claimant and held that the Respondent is
liable to pay the amount of EUR 60,000 to the Claimant as training compensation in
relation to the registration of the player with the Respondent.
16.
Furthermore, and taking into consideration both the claim of the Claimant as well as art.
3 par. 2 of Annexe 4 of the Regulations, the Single Judge decided that the Respondent
Training compensation for the Player E
(Club A, country B / Club C, country D)
4/6
has to pay, in conformity with the longstanding practice of the DRC, interest at rate of
5% p.a. as of 18 January 2016.
17.
Lastly, the Single Judge 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 and its Single Judge 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 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.
18.
In respect of the above, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 60,000 related to the claim of the
Claimant. Consequently, the Single Judge concluded that the maximum amount of
costs of the proceedings corresponds to CHF 10,000 (cf. table in Annex A).
19.
As a result, and taking into account that the case at hand did not compose any
complex factual or legal issues as well as considering that the Respondent never took
stance in the procedure, the Single Judge determined the costs of the current
proceedings to the amount of CHF 10,000, which shall be borne by the Respondent.
*****
III.
Decision of the Single Judge of the sub-committee of the DRC
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 60,000, plus 5% interest p.a. as of 18
January 2016.
3.
In the event that the aforementioned 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.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the Single Judge of
the sub-committee of the DRC of every payment received.
5.
The final costs of the proceedings in the amount of CHF 10,000 are to be paid by the
Respondent, within 30 days of notification of the present decision as follows:
5.1 The amount of CHF 8,006 to FIFA to the following bank account with reference to case
no. XXXX:
Training compensation for the Player E
(Club A, country B / Club C, country D)
5/6
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
IBAN: CH 27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
5.2 The amount of CHF 1,994 has to be paid to the Claimant.
*****
Note relating to the motivated 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:
Marco Villiger
Deputy Secretary General
Enclosed: CAS directives
Training compensation for the Player E
(Club A, country B / Club C, country D)
6/6