Training Compensation
Texto da decisão
Decis ion of the s ub-com m ittee of
the Dis pute Res olution Cham ber (DRC)
passed on 14 September 2018,
in the following composition:
Geoff Thom ps on (England), Chairman
Jérôm e Perlem uter (France), member
Elv is Chetty (S ey chelles ), member
S tefano S artori (Italy ), member
Takuy a Yam azaki (Japan), member
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 Football Federation of Country B
(Football Federation F), the player, Player E (hereinafter: the player), born on 1 October
1993, was registered with its affiliated clubs as follows:
Club
Club G
Club G
Club G
Registration dates
as from 9 September 2005 until 30 June
2006
as from 14 September 2006 until 30 June
2007
as from 14 September 2007 until 30 June
2008
Status
Category
Amateur
4
Amateur
4
Amateur
4
Club H
as from 4 August 2009 until 27 August 2010
Amateur
1
Club A
as from 27 August 2010 until 30 June 2011
Amateur
2
Club A
as from 12 August 2011 until 30 June 2012
Amateur
2
Club J
as from 22 August 2012 until 30 June 2013
Amateur
4
Club J
as from 21 August 2013 until 29 January
2014
Amateur
4
Club K
as from 30 January 2014 until 30 June 2014
Amateur
3
Club L
as from 22 August 2014 until 30 June 2015
Amateur
3
Club L
as from 19 August 2015 until 30 June 2016
Amateur
3
Club M
as from 29 July 2016 until 14 December
2016
Amateur
3
2.
The football season in Country B runs from 1 July until 30 June of the following year.
3.
According to the information contained in the Transfer Matching System (TMS), on 4
January 2017, the player was registered with the Club of Country D, Club C (hereinafter:
the Respondent) as a professional. The player’s International Transfer Certificate (ITC)
contained in TMS was issued by the Football Federation F in favour of the Football
Federation of Country D (Football Federation N), indicating “Club M” as the player’s
former club.
4.
Also according to TMS, the Respondent belonged to the club category 2 at the time the
player was registered with it.
5.
On 12 December 2017, the Club of Country B, Club A (hereinafter: the Claimant), lodged
a claim against the Respondent before FIFA asking to be awarded training
compensation in the amount of EUR 151,108 for the first professional registration of the
player with the Respondent.
6.
In this context, the Claimant submitted a copy of an agreement (hereinafter: the
agreement) it entered into with Club J dated 14 February 2017, which refers to an
agreement of subsidiary that the aforementioned parties apparently entered into in
2011, by means of which Club J would register the Claimant’s players in order to train
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
2
them and, in exchange, the Claimant would cover the expenses relating to coaches,
education and care. Equally, clause 1 of the agreement stipulates that Club J transferred
its entitlement to training compensation for the player to the Claimant. Similarly, clause
3 of the agreement stipulates that the Claimant would pay Club J 3% of the amount
received as training compensation for players that, in accordance with the agreement
of subsidiary, have been registered as non-professional with the 3rd division team of
Club J.
7.
In light of the foregoing, the Claimant stated that it is entitled to receive training
compensation for the period of time during which the player was registered with both
the Claimant and Club J.
8.
In spite of having been invited to do so, the Respondent did not reply to the Claimant’s
claim.
II.
Cons iderations of the s ub-com m ittee of the DRC
1.
First of all, the sub-committee of the Dispute Resolution Chamber (hereinafter also
referred to as the sub-committee) 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 12 December 2017. Consequently, the 2017 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
Procedural Rules).
2.
Subsequently, the sub-committee referred to art. 3 of the Procedural Rules, which states
that the Dispute Resolution Chamber shall examine its jurisdiction in light of arts. 22 to
24 of the Regulations on the Status and Transfer of Players (edition 2018). In accordance
with art. 3 of Annexe 6 in conjunction with art. 24 par. 3 and art. 22 lit. d) of the
Regulations on the Status and Transfer of Players, the sub-committee is competent to
decide on the present dispute relating to training compensation between clubs
belonging to different associations handled through TMS.
3.
Furthermore, the sub-committee 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 (2018), and considering that the player was
registered with the Respondent on 4 January 2017, the 2016 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.
Its competence and the applicable regulations having been established, the subcommittee entered into the substance of the matter. The sub-committee started by
acknowledging the above-mentioned facts of the case as well as the documentation on
file. However, the sub-committee emphasized 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. In particular, the sub-committee
recalled that in accordance with art. 6 par. 3 of Annexe 3 of the Regulations, FIFA may
use, within the scope of proceedings pertaining to the application of the Regulations,
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
3
any documentation or evidence generated or contained in the Transfer Matching
System (TMS).
5.
First of all, the sub-committee took note that the Claimant maintained that it is entitled
to receive training compensation from the Respondent in the amount of EUR 151,108,
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 sub-committee took into account that the Respondent never took
position in the present matter, although having been invited to do so by FIFA via TMS
in accordance with art. 7 par. 1 of Annexe 6 of the Regulations. Therefore, the subcommittee deemed that, in this way, the Respondent renounced to its right to defence
and accepted the allegations of the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the subcommittee established that, in accordance with art. 9 par. 3 of the Procedural Rules in
combination with art. 7 par. 3 of Annexe 6 of the Regulations, it shall take a decision
upon the basis of the documents already on file.
8.
Having established the above, the sub-committee referred to the rules applicable to
matters 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 23rd birthday or 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 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.
With respect to the case at hand, taking into account the details set out in the relevant
player passport issued by the Football Federation F, the sub-committee established that
the player had at all times been registered as an amateur in Country B prior to his
registration as a professional with the Respondent.
10.
The aforementioned having been established, the sub-committee 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, the sub-committee indicated that,
since the player moved from one association to another association inside the territory
of the EU, said article is applicable. Hence, the sub-committee concluded that art. 6 par.
3 of Annexe 4 of the Regulations applies in the case at hand as lex specialis.
11.
However, in this regard, the sub-committee 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. Indeed, according to the said art. 6 par. 3, inter alia, if the former club
does not offer the player a contract, no training compensation is payable unless the
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
4
former club can justify that it is entitled to such compensation. As further 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).
12.
On account of the above considerations, the sub-committee decided that the Claimant
is entitled to receive training compensation from the Respondent for the player in
accordance with art. 2 par. 1 (i) of Annexe 4 of the Regulations.
13.
Turning its attention to the calculation of the amount of training compensation payable
by the Respondent to the Claimant, the sub-committee recalled that the player was born
on 1 October 1993 and was registered with the Claimant as from 27 August 2010 until
30 June 2011 and as from 12 August 2011 until 30 June 2012 in accordance with the
player passport issued by the Football Federation F.
14.
In this context, the sub-committee noted that the Claimant maintains that it is entitled
to receive training compensation for the period of time the player was registered both
with the Claimant as well as with the Club of Country B, Club J, on the basis of an
agreement of subsidiary allegedly concluded by said parties in 2011.
15.
However, without analysing as to whether the Claimant had corroborated such claim
with sufficient documentary evidence, the sub-committee concurred that it can only
take into consideration the official player passport issued by the Football Federation F
in accordance with the Regulations when establishing the amount payable as training
compensation to the Claimant. The sub-committee agreed that any arrangements made
between the training clubs, in particular the agreement signed by the Claimant and
Club J, cannot be considered in this regard.
16.
On account of the above and in accordance with art. 20 in combination with Annexe 4
of the Regulations, the sub-committee established that the Claimant is entitled to
receive training compensation for the period of time it registered the player as indicated
in the relevant player passport, i.e. as from 27 August 2010 until 30 June 2011 and as
from 12 August 2011 until 30 June 2012.
17.
In this context, the sub-committee referred to the FIFA circular no. 1537 dated 3 May
2016 which provides details for the calculation of training compensation as well as to
art. 5 paras. 1 and 2 of Annexe 4 of the Regulations, which stipulate 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 sub-committee referred to art. 6 of Annexe 4 of the
Regulations which contains special provisions in case a player moves from a lower to a
higher category club or from a higher to a lower category club within the territory of
the EU/EEA. However, since in the matter at hand both clubs belong to the same
category, this provision is irrelevant in this context.
18.
In continuation, the sub-committee took into account that both the Claimant and the
Respondent belonged to the category 2 within UEFA, which corresponds to the amount
of EUR 60,000 per year, and that the player, born on 1 October 1993, was registered
with the Claimant as from as from 27 August 2010 until 30 June 2011 and as from 12
August 2011 until 30 June 2012, i.e. during 10 months of the season of the player’s 17th
birthday as well as 11 months of the season of his 18th birthday. In view of the foregoing,
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
5
the DRC judge decided that the Respondent has to pay the amount of EUR 105,000 to
the Claimant as training compensation.
19.
In view of all of the above, the sub-committee decided to partially accept the claim of
the Claimant and held that the Respondent is liable to pay the amount of EUR 105,000
to the Claimant as training compensation in relation to the first professional registration
of the player with the Respondent.
20.
Lastly, the sub-committee 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 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.
21.
In respect of the above, the sub-committee held that the amount to be taken into
consideration in the present proceedings is EUR 151,108 related to the claim of the
Claimant. Consequently, the Chamber concluded that the maximum amount of costs of
the proceedings corresponds to CHF 20,000 (cf. table in Annex A).
22.
As a result, the Chamber determined the costs of the current proceedings to the amount
of CHF 20,000, which, considering the degree of success, shall be split between the
parties.
*****
III.
Decision 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 105,000 w ithin
30 day s as from the date of notification of this decision.
3.
In the event that the aforementioned sum is not paid by the Respondent within the
stated time limit, interest of 5% p.a. falls 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.
4.
Any further claim lodged by the Claimant is rejected.
5.
The final costs of the proceedings in the amount of CHF 20,000 are to be paid, w ithin
30 day s of notification of the present decision, to FIFA to the following bank account
with reference to case no. XXX:
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, Player E
(Club A, Country B / Club C, Country D)
6
as follows:
5.1. The amount of CHF 16,000 has to be paid by the Respondent;
5.2. The amount of CHF 4,000 has to be paid by the Claimant, which amount has already
been paid by the Claimant to FIFA as an advance of costs at the start of the
proceedings.
6.
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 sub-committee of the DRC of every payment received.
*****
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
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the sub-committee of the DRC:
Omar Ongaro
Football Regulatory Director
Encl.: CAS directives
Training compensation for the player, Player E
(Club A, Country B / Club C, Country D)
7