Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 26 October 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Gerardo Movilla (Spain), member
Joaquim Evangelista (Portugal), member
Mario Gallavotti (Italy), member
Peter Friend (Australia), member
on the claim presented by
the club, X, P,
as Claimant
against
the club, Y, Q,
as Respondent
regarding a training compensation dispute related
to the transfer of the player A
I.
Facts of the case
1.
Confirmed by the Football Federation of P, the player A was born on 28 June
1982 and was registered with the club X from 7 April 1995 to 2 July 2003, first as
an amateur and subsequently as a non-amateur player, that is, for a total of
eight sporting seasons between the age of 12 to 21. On 5 February 2004, the
player was registered as a non-amateur for the club Y.
2.
On 20 January 2006, the Football Federation of P approached FIFA and
presented a complaint of its affiliate X against the club Y, by means of which
the club X claimed the payment of EUR 240,000 as training compensation for
the player A, corresponding to an amount of EUR 30,000 for each year of
training.
3.
In response to the claim of the club X, the club Y informed FIFA on 30 March
2006 that the player A had joined the club Y in January 2004, after his contract
with the club X was terminated. It maintained that on the occasion of the
transfer negotiations, the club X had waived its right to receive financial
compensation of any kind, including training compensation, for the transfer of
the player A. In this respect, the club Y presented a written confirmation,
dated 30 January 2004 and signed by the president of the club X at that time,
according to which “[X] confirms that it does not require any financial
compensation for the footballer [A]”. The club Y therefore deemed that no
training compensation was payable to the club X.
4.
By fax dated 6 June 2006, the Football Federation of P confirmed that its
affiliate had not requested any compensation for the transfer of the player A,
but maintained, with reference to arts. 2 and 3 of Annex 4 of the FIFA
Regulations for the Status and Transfer of Players, that this agreement had no
impact on X’s right to receive training compensation from the Respondent.
Consequently, the Claimant was of the opinion that the club Y was obliged to
pay training compensation for the player A.
5.
On 25 July 2006, the Respondent referred to its previous position and declared
that it did not recognize any claim from the club X in connection with the
player in question.
6.
By correspondence dated 18 August 2006, 9 October 2006, 18 October 2006
and 24 October 2006, the Football Federation of P explained that the player A
had been registered for the club X as an amateur as from 7 April 1995 and
that he had changed to scholarship status with the same club on 25
September 2000. The scholarship agreement between the relevant player and
Training Compensation for the player A
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the club X, a copy of which was also submitted to FIFA, had been concluded
for the period from 25 September 2000 until 31 December 2002. Furthermore,
the Football Federation of P informed FIFA that on 2 July 2003, the player A
had been cleared for an internal transfer since he had apparently intended to
render his services for the club K, also affiliated to the Football Federation of P.
However, he had not played for this club since the relevant parties had not
come to an agreement. Consequently, the club X had been the player’s last
club before his transfer to the club Y. The International Transfer Certificate for
the player had been issued to the Football Federation of Q on 29 January
2004.
7.
As regards the categorization of the clubs involved, in accordance with
circular no. 826, dated 31 October 2002, the club X belongs to category 3
(indicative amount EUR 30,000 per year) whilst Y is a category 2 club
(indicative amount EUR 60,000 per year). The categorization of the two clubs
involved is confirmed by their respective Federations.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was
competent to deal with the matter at hand. In this respect, the Chamber
referred to art. 18 paras. 2 and 3 of the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber. The present
matter was submitted to FIFA on 20 January 2006, thus after 1 July 2005.
Therefore, the Dispute Resolution Chamber concluded that the revised Rules
Governing the Procedures (edition 2005) on matters pending before the
decision making bodies of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Dispute Resolution Chamber, art. 3
para. 1 of the above-mentioned Rules states that the Dispute Resolution
Chamber shall examine its jurisdiction in the light of arts. 22 to 24 of the current
version of the Regulations for the Status and Transfer of Players (edition 2005).
In accordance with art. 24 par. 1 in combination with art. 22 (d) of the
aforementioned Regulations, the Dispute Resolution Chamber shall
adjudicate on disputes between two clubs belonging to different Associations
related to training compensation.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation concerning the training compensation
claimed by the club X for the training and education of the player A.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to
Training Compensation for the player A
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the substance of the matter. In this respect, the Chamber referred to art. 26
paras. 1 and 2 of the Regulations for the Status and Transfer of Players (edition
2005) in the modified version in accordance with the FIFA circular no. 995
dated 23 September 2005. Furthermore, it acknowledged that the player had
been registered for the club Y on 5 February 2004. Equally the Chamber took
note that the claim was lodged at FIFA on 20 January 2006. In view of the
aforementioned, the Chamber concluded that the former FIFA Regulations for
the Status and Transfer of Players (edition 2001, hereinafter: the Regulations)
are applicable to the case at hand as to the substance.
5.
Entering into the substance of the matter, the Dispute Resolution Chamber
examined the documentation presented by the Claimant and took note that
the player A had been registered for the club X as an amateur as from 7 April
1995, and that on 25 September 2000, the two parties had concluded a
scholarship agreement valid until 31 December 2002. Furthermore, the
members of the Chamber acknowledged that on 2 July 2003, the player had
been cleared for an internal transfer and that he had been registered as an
non-amateur for the club Y on 5 February 2004.
6.
In this respect, the members of the Chamber carefully examined the written
confirmation, dated 30 January 2004 and signed by the president of the club
X at that time, according to which the club X waived its right to receive any
“financial compensation” from the club Y for the player A. In this respect, the
Dispute Resolution Chamber took note of the statement of the club X,
according to which the waiver only referred to its alleged right to receive
transfer compensation for the player in question, whereas the club Y was of
the opinion that X had also renounced any right to receive training
compensation. In this context, the members of the Chamber proceeded to
deliberate whether the term “financial compensation” contained in the
waiver of the club X also referred to its possible right to receive training
compensation.
7.
In this respect, the members of the Dispute Resolution Chamber stressed that
the notion “financial compensation” was a general and unspecific term
which, in principle, could not be understood to only include transfer
compensation. The Dispute Resolution Chamber considered that the term
rather encompassed any kind of monetary compensation which, in the case
at hand, the club X could have possibly requested from the club Y in
connection with the player A, thus also training compensation.
8.
Furthermore, the Dispute Resolution Chamber took into account that at the
time the player A joined the club Y, the player appeared to have been free to
render his services for a club of his choice, since his scholarship agreement
Training Compensation for the player A
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with the club X had expired on 31 December 2002 and he had been cleared
for an internal transfer already on 2 July 2003. In view of the fact that, in
principle, a club cannot request transfer compensation for a player who is free
from contractual obligations towards that club, the Dispute Resolution
Chamber had to assume that X’s waiver dated 30 January 2004 referred to its
possible right to receive training compensation for the training and education
of the player in question.
9.
On account of the above considerations, the members of the Dispute
Resolution Chamber unanimously concluded that X’s claim against the club Y
for training compensation for the player A could not be admitted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim lodged by the Claimant, the club X from P, is rejected.
2.
According to art. 61 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:
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
On behalf of the
Dispute Resolution Chamber:
Michael Schallhart
Deputy General Secretary
Encl.
CAS directives
Training Compensation for the player A
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