Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 11 June 2015,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Carlos González Puche (Colombia), member
Santiago Nebot (Spain), member
Mohamed Al-Saikhan (Saudi Arabia), 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 passport issued by the Football Federation of Country B, the
Player E (hereinafter: the player), born on 20 July 1994, was registered with its affiliated
club, Club A (hereinafter: the Claimant), from 20 June 2006 until 7 August 2013 as an
amateur.
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 registered with the Club of Country D, Club C (hereinafter: the Respondent),
on 7 August 2013 as a professional.
4.
Furthermore, according to the information contained in the 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 2 March 2015, the Claimant contacted FIFA requesting training compensation in an
amount of EUR 132,360 plus 5% interest p.a. as from 30 days after the transfer of the
player on the ground that the player, on 2 August 2013, was registered as a professional
for the first time with the Respondent.
6.
After the investigation phase was closed by the FIFA administration, the Respondent
sent a response to FIFA, stating that it is not liable to pay any training compensation, as
the player was “free of all financial obligations”. Further, the Respondent argued that
this was confirmed by the Football Federation of Country B.
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 2 March 2015.
Consequently, the 2015 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 2015 edition 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 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
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
2
the Status and Transfer of Players (editions 2012, 2014 and 2015), and considering that
the player was registered with the Respondent on 7 August 2013, the 2012 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 132,360 indicating that the player, on 2 August 2013, was registered as a
professional for the first time with the Respondent.
6.
Subsequently, the DRC observed that the Respondent, for its part, in spite of having
been invited to do so, failed to present its response to the claim of the Claimant
within the relevant time-limit. In fact, the reply of the Respondent was only
received after the investigation-phase of the matter had already been concluded. As
a result, the DRC decided not to take into account the reply of the Respondent and
established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall
take a decision upon the basis of those documents on file that were provided prior
to the closure of the investigation-phase, in casu, upon the statements and
documents presented by the Claimant.
7.
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 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 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.
8.
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
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
3
23rd birthday. In view of the foregoing, the DRC decided that the Respondent is
liable to pay training compensation to the Claimant.
9.
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 it is necessary to take the
costs that would have been incurred by the new club if it had trained the player
itself.
10.
In continuation, the Chamber recalled that the player was born on 20 July 1994 and
was registered with the Claimant as from 20 March 2006 until 7 August 2013.
11.
On account of the above, the DRC considered that the Claimant is, thus, entitled to
receive training compensation for the period as from 20 March 2006 until 7 August
2013.
12.
Equally, the DRC recalled that according to the information contained in the TMS,
the player was registered with the Respondent on 7 August 2013 as a professional.
13.
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) during the season he was registered with it, i.e. the
2013/2014 season.
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 132,360 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 as well as art. 3 par. 2 of
Annexe 4 of the Regulations, 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 31st day of the registration of the player
with the Respondent, i.e. 7 September 2013, until the date of effective payment.
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.
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
4
17. In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 132,360 related to the claim of the
Claimant. Consequently, the Chamber concluded that the maximum amount of costs
of the proceedings corresponds to CHF 15,000 (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 did not reply to the claim within the
relevant time-limit, the Chamber determined the final costs of the current
proceedings to the amount of CHF 15,000 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 132,360 plus 5% interest
p.a. on said amount as of 7 September 2013 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 15,000 are to be paid by the
Respondent within 30 days as from the date of notification of the present decision
as follows:
4.1. The amount of CHF 12,000 has to be paid 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
4.2.
The amount of CHF 3,000 has to be paid directly to the Claimant.
Training compensation for the Player E
(Club A, Country B / Club C, Country D)
5
5.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittances under points 2. and 4.2. above are 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. 7 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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