Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 24 October 2011,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the club,
N,
as Claimant
against the club,
F,
as Respondent
regarding training compensation in connection with the player A
I.
Facts of the case
1.
According to the player passport issued by the Football Association S, the player, A
(hereinafter: the player), born on 29 August 1988, was registered with its affiliated club,
N (hereinafter: N or Claimant), as from 19 August 2008 until 2 September 2010 as
professional.
2.
The football season in country S runs from 1 July until 30 June of the following year.
3.
According to TMS the player was registered with the club F (hereinafter: the
Respondent) on 3 September 2010.
4.
On 26 October 2010, the Claimant contacted FIFA asking for its proportion of training
compensation from the Respondent. In particular, the Claimant requested the amount
EUR 60,000 as training compensation based on the allegation that the Respondent
belonged to category II (indicative amount of EUR 60,000 per year).
5.
In spite of having been invited by FIFA to provide its position regarding the claim, the
Respondent did not respond to the claim or make any statements at all during the
course of the investigation.
II.
Considerations of the DRC judge
1.
First of all, the DRC 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 26
October 2010. Consequently, the 2008 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 par. 2 and par. 3 of the
Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and par. 2 lit. ii. in conjunction with art.
22 lit. d) of the Regulations on the Status and Transfer of Players (edition 2010) the DRC
judge 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 3 September 2010, the DRC judge analysed which regulations should be
applicable as to the substance of the matter. In this respect, he confirmed that in
accordance with art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer
of Players (edition 2010) and considering that the present claim was lodged on 26
October 2010, the 2009 edition of the said Regulations (hereinafter: Regulations) is
applicable to the present matter as to the substance.
4.
In continuation, and entering into the substance of the matter, the DRC judge started
by acknowledging the facts of the case as well as the documentation contained in the
file.
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5.
First of all, the DRC judge recalled that the player was born on 29 August 1988 and was
registered with the Claimant as from 19 August 2008 until 2 September 2010 as
professional.
6.
In continuation, the DRC judge took note that the Claimant asserted that it was entitled
to receive training compensation from the Respondent in the amount of EUR 60,000.
7.
Equally, the DRC judge noted that the Respondent failed to present its response to the
claim of the Claimant, despite having been invited to do so. In this way, the Respondent
renounced its right to defence and, thus, accepted the allegations of the Claimant.
8.
As a consequence of the aforementioned consideration, the DRC 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 already on file, in other words upon the statements and
documents presented by the Claimant.
9.
Furthermore, and hereby referring to the rules applicable to training compensation, the
DRC judge stated that, as established in art. 20 of the Regulations in combination with
art. 1 par. 1 and 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.
10.
In continuation, the DRC judge observed that it was undisputed that the player, who
was a professional, was transferred and registered to a club belonging to a different
association, i.e. the Respondent, before the end of the season of his 23rd birthday. In
view of the foregoing, the DRC judge decided that the Respondent is liable to pay
training compensation to the Claimant in accordance with art. 20 and Annexe 4 of the
Regulations.
11.
Turning its attention to the calculation of training compensation, the DRC judge
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 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.
12.
In addition, the DRC judge duly noted that, according to the documentation on file,
which remained uncontested by the Respondent, it could be established that the season
in the country S runs from 1 July until 30 June of the following year, the player had
been registered with the Respondent on 3 September 2010, that the Respondent
belonged to the category II and that the player, born on 29 August 1988, was registered
with the Claimant as from 19 August 2008 until 2 September 2010, i.e. partially during
the season of his 20 and 21st birthday.
13.
As a result, taking into consideration all the above, the DRC judge decided that the
Respondent is liable to pay the amount of EUR 60,000 to the Claimant for the training
and education of the player.
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14.
Lastly, the DRC judge 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.
15.
In respect of the above, the DRC 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 DRC judge concluded that the maximum amount of costs
of the proceedings corresponds to CHF 10,000 (cf. table in Annex A).
16.
As a result, and taking into account that the Claimant is the successful party in the
proceeding, the DRC judge concluded that the Respondent has to bear the costs of the
current proceedings in front of FIFA.
17.
Considering that the case at hand did not compose any complex factual or legal issues,
the DRC judge determined the costs of the current proceedings to the amount of CHF
4,000.
18.
In view of all of the above, the DRC judge decided that the Respondent is liable to pay
the amount of EUR 60,000 to the Claimant for the training and education of the player
as well as the amount of CHF 4,000 as costs.
III.
Decision of the DRC judge
1.
The claim of the Claimant, N, is accepted.
2.
The Respondent, F, has to pay to the Claimant the amount of EUR 60,000 within 30 days
as from the date of notification of this decision.
3.
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.
4.
The final amount of costs of the proceedings in the amount of CHF 4,000 are to be paid
by the Respondent within 30 days of notification of the present decision, as follows:
4.1.
The amount of CHF 2,000 to FIFA to the following bank account with reference
to case no. xxx XX-XXXXX:
UBS Zurich
Account number 366.677.01U (FIFA Players’ Status)
Clearing number 230
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IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
4.2.
5.
The amount of CHF 2,000 to the Claimant.
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 DRC judge of
every payment received.
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Note relating to the motivated decision (legal remedy):
According to art. 63 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 DRC judge:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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