Training Compensation
Texto da decisão
Decis ion of the
S ingle Judge of the s ub-com m ittee of the
Dis pute Res olution Cham ber (DRC)
passed in Zurich, Switzerland, on 26 July 2019,
by Johan v an Gaalen (S outh Africa),
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 with the player
Player E
I.
Facts of the cas e
1.
According to the player passport issued by the Federation of Country B, the player,
Player E (hereinafter: the Player), born on 20 June 1997, was registered with the
club of Country B, Club A (hereinafter: the Claimant), as of 1 June 2016 until 31
December 2017.
2.
The football seasons in Country B during the relevant period of time ran as follows:
from 1 January until 31 December.
3.
According to the information contained in the Transfer Matching System (TMS),
the player was registered with the club of Country D, Club C, at that time called
Club F, (hereinafter: the Respondent), on 17 July 2018, which engaged the player
“out of contract free of payment” directly from the Claimant.
4.
Equally, according to the information contained in TMS, the Respondent belonged
to the category II (indicative amount of EUR 60,000 per year within UEFA) at the
moment that the player was registered with it.
5.
On 1 April 2019, the Claimant lodged a claim in front of FIFA requesting training
compensation for the period of 1 June 2016 until 31 December 2016 and 1 January
2017 until 31 December 2017 on the ground that the transfer occurred before the
end of the season of the player’s 23rd birthday. In particular, the Claimant
requested EUR 95,178, plus 5% interest as from the due date.
6.
In spite of having been invited to do so, the Respondent did not reply to the claim.
II.
Cons iderations of the S ingle Judge of the s ub-com m ittee of the DRC
1.
First of all, the Single Judge of the sub-committee of the DRC (hereinafter also: 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
1 April 2019. Consequently, the 2018 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
of the 2018 edition of the Procedural Rules).
2.
Subsequently, the Single Judge referred to art. 3 par. 2 of the Procedural Rules,
which states that he shall examine his jurisdiction in light of art. 24 par. 2 of the
Regulations on the Status and Transfer of Players (edition June 2019). In
accordance with art. 3 of Annexe 6 in conjunction with art. 24 and art. 22 lit. d) of
the Regulations on the Status and Transfer of Players, the Single Judge is
competent to decide on the present dispute relating to training compensation
between clubs belonging to different associations.
3.
Furthermore, 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
Training compensation in connection with the player Player E
(Club A, Country B / Club C, Country D)
2
matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and 2
of said regulations (edition June 2019) and considering that the player was
registered with the Respondent on 17 July 2018, the June 2018 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 Single Judge and the applicable regulations having been
established, and entering into the substance of the matter, the Single Judge
started by acknowledging the above-mentioned facts as well as the
documentation contained in the file. However, the Single Judge emphasised 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 95,178, indicating that the transfer of the player occurred before the end of
the season of his 23rd birthday.
6.
Furthermore, the Single Judge duly noted that the Respondent never took position
in the present matter, although having been invited to do so by FIFA. Therefore,
the Single Judge 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 Single Judge
established that, in accordance with art. 9 par. 3 of the Procedural Rules, he shall
take a decision upon the basis of the documents on file.
8.
Having established the above, the Single Judge 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. ii. 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 transferred between clubs of two different
associations before the end of the season of the player’s 23rd birthday. In case of a
subsequent transfer of a professional, art. 3 par. 1 of Annexe 4 of the Regulations
sets forth that the club with which the player is registered is responsible for paying
training compensation to the former club, for the time the player was effectively
trained by the latter, within 30 days of registration.
9.
Reverting to the facts of the matter at hand, and based on the documentation
provided by the Federation of Country B and the information contained in TMS,
the Single Judge concluded that it could indeed be established that the player had
been registered with the Claimant from 1 June 2016 until 31 December 2017,
indicated by the Claimant as the seasons of the player’s 19th and 20th birthday.
10.
In view of the foregoing considerations, the Single Judge concluded that it can be
established that the player was subsequently transfered as professional between
two clubs of two different associations before the end of the season of his
Training compensation in connection with the player Player E
(Club A, Country B / Club C, Country D)
3
23rd birthday and, thus, the Claimant is entitled to receive training compensation
from the Respondent.
11.
Subsequently, the Single Judge considered that he 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 Single Judge went on to establish the proper
calculation of the relevant training compensation due to the Claimant.
12.
To that end, the Single Judge 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.
13.
In continuation, the Single Judge recalled that the player was born on 20 June 1997
and was registered with the Claimant from 1 June 2016 until 31 December 2017.
Furthermore, the Single Judge noted that the player was subsequently transferred
from the Claimant to the Respondent.
14.
On account of the above, the Single Judge considered that the Claimant is, thus,
entitled to receive training compensation for the period as from1 June 2016 until
31 December 2017, i.e. during 7 months of the season of the player’s 19th birthday
and as from 1 January 2017 until 31 December 2017, i.e. during 12 months of the
season of the player’s 20th birthday.
15.
Furthermore, the Single Judge recalled that, according to the information
contained in the TMS, the player was registered with the Respondent on
17 July 2018.
16.
Equally, the Single Judge recalled that, according to the information contained in
TMS, the Respondent belonged to the category II at the moment of the player’s
registration with it (UEFA indicative amount of EUR 60,000 per year).
17.
In view of all of the above, the Single Judge decided to partially accept the claim
of the Claimant and held that the Respondent is liable to pay the amount of
EUR 95,000 to the Claimant as training compensation in relation to the registration
of the player with the Respondent.
18.
Moreover, taking into consideration the Claimant’s claim as well as art. 3 par. 2 of
Annexe 4 of the Regulations, the Single Judge decided that the Respondent has to
pay, in conformity with the longstanding practice of the DRC, interest of 5% p.a.
over the amount payable as training compensation as from 17 August 2018 until
the date of effective payment.
19.
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 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
Training compensation in connection with the player Player E
(Club A, Country B / Club C, Country D)
4
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.
20.
In respect of the above, the Single Judge held that the amount to be taken into
consideration in the present proceedings is EUR 95,178 related to the claim of the
Claimant. Consequently, the Single Judge concluded that the maximum amount of
costs of the proceedings corresponds to CHF 5,000 (cf. table in Annexe A of the
Procedural Rules).
21.
As a result, considering the degree of success as well as that the Respondent never
replied to the claim, the Single Judge determined the final costs of the current
proceedings to the amount of CHF 5,000 to be borne by the Respondent.
22.
Furthermore, taking into account the consideration under number II./3. above, the
Single Judge referred to par. 1 and 2 of art. 24bis of the Regulations, which
stipulate that, with its decision, the pertinent FIFA deciding body shall also rule on
the consequences deriving from the failure of the concerned party to pay the
relevant amounts of outstanding remuneration and/or compensation in due time.
23.
In this regard, the Single Judge pointed out that, against clubs, the consequence
of the failure to pay the relevant amounts in due time shall consist of a ban from
registering any new players, either nationally or internationally, up until the due
amounts are paid and for the maximum duration of three entire and consecutive
registration periods.
24.
Therefore, bearing in mind the above, the Single Judge decided that, in the event
that the Respondent does not pay the amounts due to the Claimant within 45 days
as from the moment in which the Claimant, following the notification of the
present decision, communicates the relevant bank details to the Respondent, a ban
from registering any new players, either nationally or internationally, for the
maximum duration of three entire and consecutive registration periods shall
become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of
the Regulations.
25.
Finally, the Single Judge recalled that the above-mentioned ban will be lifted
immediately and prior to its complete serving upon payment of the due amounts,
in accordance with art. 24bis par. 3 of the Regulations.
III.
Decision of the S ingle Judge of the s ub-com m ittee of the DRC
1.
The claim of the Claimant, Club A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant the amount of EUR 95,000,
plus 5% interest p.a. on said amount as of 17 August 2018 until the date of
effective payment.
3.
Any further claim lodged by the Claimant is rejected.
Training compensation in connection with the player Player E
(Club A, Country B / Club C, Country D)
5
4.
The Claimant is directed to inform the Respondent, immediately and directly, of
the relevant bank account to which the Respondent must pay the amount
mentioned under point 2. above.
5.
The Respondent shall provide evidence of payment of the due amount in
accordance with point 2. above to FIFA to the e-mail address [email protected], duly
translated, if need be, into one of the official FIFA languages (English, French,
German, Spanish).
6.
In the event that the amount due, plus interest, in accordance with point 2. above
is not paid by the Respondent within 45 days as from the notification by the
Claimant of the relevant bank details to the Respondent, the Respondent shall be
banned from registering any new players, either nationally or internationally, up
until the due amount is paid and for the maximum duration of three entire and
consecutive registration periods (cf. art. 24bis of the Regulations on the Status and
Transfer of Players).
7.
The ban mentioned in point 6. above will be lifted immediately and prior to its
complete serving, once the due amount is paid.
8.
In the event that the aforementioned sum plus interest is still not paid by the end
of the ban of three entire and consecutive registration periods, the present matter
shall be submitted, upon request, to FIFA’s Disciplinary Committee for
consideration and a formal decision.
9.
The final costs of the proceedings in the amount of CHF 10,000 are to be paid by
the Respondent within 45 days as from the date of notification of the present
decision as follows:
9.1.
The amount of CHF 3,000 has to be paid to the Claimant.
9.2.
The amount of CHF 7,000 has to be paid to FIFA to the following
bank account with reference to case nr. XXX XXXX/XXX:
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 Player E
(Club A, Country B / Club C, Country D)
6
10.
In the event that the aforementioned amount of costs 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.
*****
Note relating to the m otiv ated 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
e-mail: [email protected]
www.tas-cas.org
For the Single Judge of the
sub-committee of the DRC:
Emilio García Silvero
Chief Legal & Compliance Officer
Encl. CAS directives
Training compensation in connection with the player Player E
(Club A, Country B / Club C, Country D)
7