Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 July 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Johan van Gaalen (South Africa), member
Theodore Giannikos (Greece), member
on the claim presented by the club,
Club L, from country P
as Claimant
against the club,
Club T, from country S
as Respondent
regarding training compensation in connection
with the player M
I.
Facts of the case
1.
According to the player passport issued by the country P Football Association, the
player M (hereinafter: the player), born in May 1992, was registered with the Club
L, from country S (hereinafter: the Claimant), as from 30 October 2006 until 31
December 2010 as an amateur.
2.
The sporting season in country P during the period of time for which the player
was registered with the Claimant started on 1 January and ended on 31 December
of the same year.
3.
According to a player passport issued by the country S Football Association and
dated 16 April 2014, the player was registered with its affiliated club, Club T
(hereinafter: the Respondent), on 4 September 2009 as an amateur and on 15 July
2010 as a “Non-Amateur”.
4.
Furthermore, the country S Football Association confirmed that the Respondent
belonged to the category 3 (UEFA indicative amount of EUR 30,000 per year)
during the seasons for which the player was registered with it.
5.
In this framework, on 6 January 2012, the Claimant contacted FIFA asking for its
proportion of training compensation from the Respondent, on the ground that
the player had signed his first professional contract with the latter. In particular,
the Claimant requested the amount of EUR 125,000 as training compensation.
6.
In its reply to the claim lodged against it, the Respondent claimed that, on 16 July
2009, it had concluded a labour contract with the player valid as from 15 July 2009
until 30 June 2012 and therefore, the Claimant’s claim was time-barred. However,
the Claimant submitted an employment contract dated 15 July 2010.
7.
In this respect, the Respondent informed FIFA that it had initiated the player's
registration with a request to the country S Football Association dated 29 July
2009, but that the country P Football Association had not issued the relevant ITC.
Thus, the player was registered with the Respondent as a professional player on a
provisional basis on 4 September 2009 and his registration became permanent on
15 July 2010. To corroborate its position, the Respondent enclosed an
"International Player Passport" of the player issued by the country S Football
Association on 21 November 2013, according to which the player was registered
with the Respondent on 4 September 2009 as "amat./profess." and that he had a
"contract from 15 July 2010".
8.
Having been specifically asked by FIFA about the status of the player while
registered with the Respondent on a provisional basis from 4 September 2009
until 14 July 2010, the country S Football Association confirmed that the player
was registered as an amateur during the aforementioned period of time.
Training compensation in connection with the player M
(Club L, country P / Club T, from country S)
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9.
Having been asked by FIFA to provide the International Transfer Certificate (ITC)
of the player, the country P Football Association confirmed that it never issued to
the country S Football Association the relevant ITC of the player since it was never
requested. Equally, upon FIFA’s request, the country S Football Association sent a
copy of the ITC request dated 31 July 2009, allegedly sent to the country P Football
Association.
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 matter at hand. In
this respect, it took note that the present matter was submitted to FIFA on 6
January 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 and 2 in
combination with art. 22 lit. (d) of the Regulations on the Status and Transfer of
Players (edition 2012), the DRC is competent to adjudicate on the present matter,
since it concerns a dispute relating to the payment of training compensation
between a country P club and a country S club.
3.
At this point, the Chamber stated that prior to deliberating on the substance of
the matter, the DRC must verify whether it would be able to deal with the present
affair or not due to formal reasons. In particular, the Chamber took note of the
formal objection of the Respondent, according to which the Claimant’s claim
would be time-barred, taking into account that it allegedly signed a professional
contract with the player already on 15 July 2009, registered him on a provisional
basis on 4 September 2009 and the Claimant’s claim was only lodged on 6 January
2012.
4.
In this context, the Chamber referred to art. 25 par. 5 of the Regulations (edition
2012), in connection with the Procedural Rules, which stipulates that the decisionmaking bodies of FIFA shall not hear any dispute if more than two years have
elapsed since the event giving rise to the dispute arose and that the application of
this time limit shall be examined ex officio in each individual case.
5.
Subsequently, the members of the Chamber took note of the letter dated 16 April
2014 remitted to FIFA by the country S Football Association, in which the latter
states that “the country S Football Association is able to confirm that the player
Player M who was born in May, 1992 was registered in the period from September
4, 2009 to July 14, 2010 in [the Respondent] with the amateur status”.
Training compensation in connection with the player M
(Club L, from country P / Club T, from country S)
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6.
At this point, the Chamber deemed it important to recall that, as a general rule,
as established in art. 20 of the Regulations in connection with its Annexe 4,
training compensation is payable, inter alia, up to the end of the season of a
player’s 23rd birthday, for training incurred between the ages of 12 and 21, when
a player is registered for the first time as a professional.
7.
In this context and in respect of the Respondent’s allegation that it had, in fact,
concluded an employment contract with the player already on 15 July 2009, the
members of the Chamber wished to stress that, conversely to its allegations, the
only contract enclosed to the Respondent’s reply was dated 15 July 2010. What is
more and as pointed out above, the country S Football Association confirmed that
the player was registered with the Respondent on 4 September 2009 as amateur
and that it was only until 15 July 2010 when the player became professional.
8.
Bearing in mind the previous considerations and the contents of art. 25 par. 5 of
the Regulations, the DRC observed that the Claimant’s claim was lodged within
two years as from the event giving rise to the present dispute, i.e. the nonpayment of the training compensation following the player’s registration with the
Respondent as a professional on 15 July 2010 and thus, it is admissible.
9.
Having established that the Claimant’s claim is admissible, the Chamber went on
to analyse 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 2009, 2010 and 2012), and considering
that the player was registered with the Respondent as professional on 15 July
2010, the 2009 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.
10.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter and, in this
respect, it started by acknowledging the argumentation and documentation
presented by parties as to the substance. However, the Chamber 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.
11.
First of all, the Chamber recalled that the player, born in May 1992, was,
according to the player passport provided by the country P Football Association,
registered with the Claimant as from 30 October 2006 until 31 December 2010 as
an amateur.
Training compensation in connection with the player M
(Club L, country P / Club T, from country S)
4/8
12.
In continuation, the Chamber took note that the Claimant asserted that it was
entitled to receive training compensation from the Respondent in the amount of
EUR 125,000, since the player had signed his first professional contract with the
Respondent before the end of the season of his 23rd birthday.
13.
Furthermore, the Chamber took note that the Respondent did not provide any
arguments as to the substance in respect of whether it deemed that the Claimant
was entitled to training compensation and it limited its defense to a formal
aspect, which, as explained above, was rejected.
14.
Bearing in mind the previous considerations, the DRC referred once again to the
rules applicable to training compensation, and stated that, as established in art.
20 of the Regulations as well as 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.
15.
On account of the above-mentioned, and since it was undisputed that the player
was registered for the first time as a professional with the Respondent before the
end of the season of his 23rd birthday, the DRC decided that the Respondent is
liable to pay training compensation to the Claimant in accordance with art. 20
and art. 2 par. 1 lit. i. in conjunction with art. 3 par. 1 of Annexe 4 of the
Regulations.
16.
Turning its attention to the calculation of the training compensation payable by
the Respondent to the Claimant, the Chamber referred to art. 5 par. 1 and par. 2
of Annexe 4 of 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. Furthermore, the Chamber referred to art. 5 par. 3 of Annexe 4
of the Regulations, which stipulates that to ensure that training compensation for
very young players is not set at unreasonably high levels, the training costs for
players for the seasons between their 12th and 15th birthday shall be based on the
training and education costs for category 4 clubs. Equally, the Chamber referred
to the second sentence of art. 5 par. 3 of Annexe 4 of the Regulations which
states that the aforementioned exception shall not be applicable where the event
giving rise to the right to training compensation occurs before the end of the
season of the player’s 18th birthday.
17.
In this context, the Chamber wished to refer to FIFA Circular no. 1190 dated 20
May 2009 by means of which the members of FIFA were, inter alia, informed
about the amended art. 5 par. 3 of Annexe 4, which came into force on 1 October
2009. Said FIFA Circular indicated that art. 5 par. 3 of Annexe 4 “now stipulates
that where the event giving rise to the right to training compensation occurs
Training compensation in connection with the player M
(Club L, from country P / Club T, from country S)
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before the end of the season of the player's 18th birthday, the training costs for
players for the seasons between their 12th and 15th birthdays (i.e. four seasons)
shall no longer be based on the training and education costs of category 4 clubs,
but on the category of the new club.”
18.
Against this background, in particular since the aforementioned amendment of
the pertinent article of Annexe 4 of the Regulations only came into force on 1
October 2009, the Chamber found that it cannot apply said amendment to the
years of training and education of the player prior to the coming into force of the
amended art. 5 par. 3 of Annexe 4, i.e. prior to 1 October 2009. In other words,
the Chamber concurred that the said provision could not be applied retro-actively
and, consequently, decided that the second sentence of art. 5 par. 3 of Annexe 4
of the Regulations does not apply to the seasons during which the player was
registered with the Claimant.
19.
Having said this, the members of the Chamber acknowledged that the player
passport issued by the country P Football Association provided that the player was
registered with the Claimant as from 30 October 2006 until 31 December 2010.
Nevertheless, the DRC noted that the country S Football Association confirmed
that the player was already registered with the Respondent on a provisional basis
and as an amateur as from 4 September 2009. Therefore, the Chamber decided
that the period of time to take into account for the calculation of the training
compensation is from 30 October 2006 until 3 September 2009.
20.
In continuation, the Chamber took into account that the Respondent belonged to
the category III within UEFA, which corresponds to the amount of EUR 30,000 per
year, and that, as stated above, the player, born in May 1992, was registered with
the Claimant as from 30 October 2006 until 3 September 2009, i.e. during 2
months of the season of the player’s 14th birthday, during the complete seasons of
the player’s 15th and 16th birthday as well as during 8 months of the season of the
player’s 17th birthday. In view of the foregoing, and considering art. 5 par. 3 of
Annexe 4 of the Regulations, the Chamber decided that the Respondent has to
pay the amount of EUR 61,666 to the Claimant as training compensation.
21.
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 currency of country H 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.
22.
In respect of the above, the Chamber held that the amount to be taken into
consideration in the present proceedings is EUR 125,000 related to the claim of
Training compensation in connection with the player M
(Club L, country P / Club T, from country S)
6/8
the Claimant. Consequently, the Chamber concluded that the maximum amount
of costs of the proceedings corresponds to currency of country H 15,000 (cf. table
in Annex A).
23.
As a result and considering the parties’ degree of success, the Chamber
determined the costs of the current proceedings to the amount of currency of
country H 15,000, of which the amount of currency of country H 5,000 shall be
borne by the Claimant and the amount of currency of country H 10,000 by the
Respondent.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Club L, is admissible.
2.
The claim of the Claimant is partially accepted.
3.
The Respondent, Club T, has to pay to the Claimant the amount of EUR 61,666
within 30 days as from the date of notification of this decision.
4.
In the event that the aforementioned sum is not paid within the stated time limit,
interest of 5% p.a. will fall due as of expiry of the stipulated time limit and the
present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee
for consideration and a formal decision.
5.
The final costs of the proceedings in the amount of currency of country H 15,000
are to be paid, within 30 days as from the date of notification of the present
decision as follows:
6.
5.1
The amount of currency of country H 5,000 by the Claimant. Given that the
Claimant has already paid the amount of currency of country H 4,000 as
advance of costs at the start of the present proceedings, the Claimant has
to pay the additional amount of currency of country H 1,000.
5.2
The amount of currency of country H 10,000 by the Respondent.
5.3
The above-mentioned amounts have to be paid to FIFA to the following
bank account with reference to case no.:
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
Dispute Resolution Chamber of every payment received.
Training compensation in connection with the player M
(Club L, from country P / Club T, from country S)
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7.
Any further claim lodged by the Claimant is rejected.
*****
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:
Jérôme Valcke
Secretary General
Encl.
CAS directives
Training compensation in connection with the player M
(Club L, country P / Club T, from country S)
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