Training Compensation
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 24 November 2011,
in the following composition:
Geoff Thompson (England), Chairman
Carlos Soto (Chile), member
Takuya Yamazaki (Japan), member
Theodoros Giannikos (Greece), member
Guillermo Saltos Guale (Ecuador), member
on the claim presented by the club,
FC S,
as Claimant
against the club,
FC B,
as Respondent
regarding training compensation in connection with the player X
I.
Facts of the case
1.
According to the player passport issued by the Football Federation of B (FFB),
the player, X (hereinafter: player), born on 1 March 1990, was registered with
its affiliated club, FC S (hereinafter: Claimant), as from 28 May 2002 until 25
July 2006 as an amateur.
2.
The sporting seasons in country B during the period of time the player was
registered with the Claimant started and ended as follows:
- 2001/2002 season: as from 5 August until 28 May
- 2002/2003 season: as from 3 August until 29 May
- 2003/2004 season: as from 6 August until 25 May
- 2004/2005 season: as from 5 August until 23 May
- 2005/2006 season: as from 3 August until 26 May
3.
According to an official confirmation of the Football Association of C (FAC),
the player was registered with its affiliated club, FC B (hereinafter:
Respondent), on 3 October 2006 as an amateur and as from 1 July 2007 as a
professional. The Football Association of C stated as well that “the first
professional contract between player X and our club FC B was 01 January 2007
but was not registration on the Football Association of C.”
4.
The Football Association of C confirmed that, at the time the player was
registered with the Respondent, the Respondent belonged to the club
category III.
5.
On 22 May 2009, the Claimant lodged a claim in front of FIFA requesting the
payment of training compensation from the Respondent in the amount of EUR
120,000, on the basis that the player had signed his first professional contract
with the Respondent. To its claim, the Claimant enclosed a fax from the
Football Association of C dated 13 January 2009, addressed to the Football
Federation B, in which the Football Association of C confirmed that the player
had signed a professional contract with the Respondent.
6.
In its reply, the Respondent rejected the Claimant’s claim for training
compensation, indicating that the first non-amateur contract with the player
was signed on 1 December 2006 and was valid as of 1 January 2007. In this
context, the Respondent pointed out that the Claimant had not made itself
known within 18 months of the player’s registration with the Respondent and,
therefore, the time limit stipulated in art. 3 par. 3 of Annexe 4 of the FIFA
Regulations on the Status and Transfer of Players had expired. In view of the
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foregoing, the Respondent was of the opinion that the claim of the Claimant
was barred by the statute of limitations.
7.
In addition, the Respondent argued that the amount claimed by the Claimant
as training compensation was not calculated in accordance with art. 5 par. 3 of
Annexe 4 of the FIFA Regulations on the Status and Transfer of Players. The
Claimant emphasised that in accordance with the aforementioned provision,
the calculation of the training costs for players for the seasons between their
12th and 15th birthday shall be based on the training and education costs of
category 4 clubs, i.e. on the basis of EUR 10,000 per year.
8.
To its submission, the Respondent enclosed, inter alia, the following
documents:
- A “Professional Contract” signed between the Respondent and the player,
dated 1 December 2006. Said contract indicated that it would run from 1
January 2007 until 31 December 2008 and that the player would receive a
monthly salary of 14,000 plus bonuses.
- A “Professional contract” signed between the Respondent and the player,
dated 15 June 2007. Said contract indicated that the contract would run
from 1 July 2007 until 30 June 2010 and that the player would receive a
monthly salary of 20,000 as from 1 July 2007, 22,000 as from 1 July 2008,
and 24,000 as from 1 July 2009 as well as bonuses. The original version of
the contract was stamped by the Football Association of C with the
mention “Registration of the professional contract 18-07-2007”.
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as
Chamber) 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 22 May
2009. 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 3 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 in
combination with art. 22 lit. d) of the Regulations on the Status and Transfer of
Players (edition 2010), the Dispute Resolution Chamber is competent to deal with
the matter at stake relating to training compensation between clubs belonging to
different associations.
3.
Furthermore, the Chamber analysed which regulations should be applicable as to
the substance of the matter. In this respect, it confirmed that in accordance with
art. 26 par. 1 and par. 2 of the Regulations on the Status and Transfer of Players
(editions 2008, 2009 and 2010), considering that the player was registered as a
professional on 1 July 2007 and that the claim was lodged on 22 May 2009, the
2005 edition of the Regulations for the Status and Transfer of Players (hereinafter:
Regulations) is applicable to the present matter as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. The members
of the Chamber started by acknowledging the above-mentioned facts of the case
as well as the documentation on file.
5.
First of all, the Chamber recalled that the player was born on 1 March 1990 and
was registered with the Claimant as from 28 May 2002 until 25 July 2006 as an
amateur.
6.
In continuation, the Chamber took note that the Claimant asserted that it is
entitled to receive training compensation from the Respondent in the amount of
EUR 120,000, since the player had signed his first professional contract with the
Respondent.
7.
Furthermore, the Chamber noted that the Respondent rejected the claim of the
Claimant, arguing that the time-limit in order for the Claimant to claim training
compensation had expired on the basis of art. 3 par. 3 of Annex 4 of the
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Regulations, as the player’s first professional contract was signed on 1 December
2006 and was valid as from 1 January 2007. On account of the aforesaid, the
Respondent stressed that the Claimant had not made itself known within 18
months of the player’s registration and that, thus, the Claimant’s claim was timebarred.
8.
In light of the above, the members of the Chamber concurred that they first and
foremost had to verify as to whether or not the claim of the Claimant was brought
to FIFA in a timely manner.
9.
In doing so, the Chamber first turned to the contents of art. 3 par. 3 of Annex 4 of
the Regulations which, inter alia, stipulates that if a link between the professional
and any of the clubs that trained him cannot be established, or if those clubs do
not make themselves known within 18 months of the player’s first registration as a
professional, training compensation shall be paid to the Association(s) of the
country (or countries) where the professional was trained.
10.
Furthermore, the Chamber referred to art. 25 par. 5 of the Regulations, which, in
completion to the general procedural terms outlined in the Procedural Rules,
clearly establishes that the decision-making 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.
11.
In this context, the Chamber stressed that the Respondent’s interpretation of art. 3
par. 3 of Annex 4 of the Regulations is incorrect. The Chamber wished to clarify
that art. 3 par. 3 of Annex 4 contains the possibility for a national association to
claim for training compensation when a link between the professional and any of
the clubs that trained him cannot be established, or if those clubs do not make
themselves known within 18 months of the player’s first registration as a
professional. In this regard, the Chamber emphasised, however, that the
aforementioned possibility for a national association to claim for training
compensation is issued strictly subsidiarily and is to be made within the two years’
time limit contained in art. 25 par. 5 of the Regulations.
12.
Following the above, when a club which has trained the player does not make
itself known within 18 months of the player’s first registration as a professional,
but does make itself known prior to the expiry of the two year time-limit
stipulated in art. 25 par. 5 of the Regulations, the claim of the training club is,
contrary to the interpretation of the Respondent, not barred by the statute of
limitations.
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13.
In addition, the Chamber wished to stress that art. 3 par. 3 of Annex 4 of the
Regulations merely deals with the possible entitlement of an Association to
receive the training compensation if the pertinent requirements set out in the
Regulations are fulfilled.
14.
On account of the aforesaid, the Chamber acknowledged that FIFA had received
the claim from the Claimant on 22 May 2009 and duly noted that a professional
contract was signed between the Respondent and the player on 1 December 2006,
which ran from 1 January 2007 until 31 December 2008. By the same token, the
Chamber took due note that the Football Association of C had registered the
player as a professional on 1 July 2007.
15.
In continuation, the Chamber established that the event giving rise to the present
dispute was indisputably the registration by the Football Association of C of the
player as a professional, i.e. the player’s first registration as a professional, on 1
July 2007. In this respect, the Chamber referred to art. 2 of Annex 4 of the
Regulations which, inter alia, stipulates that training compensation is due when a
player is registered for the first time as a professional before the end of the season
of his 23rd birthday.
16.
In light of the foregoing considerations, in particular taking into account that the
claim was lodged on 22 May 2009 and the player was registered for the first time
as a professional on 1 July 2007, the Chamber was unanimous in its conclusion that
the claim of the Claimant was lodged within said two years’ time limit and, thus,
was not barred by the statute of limitations. Consequently, the claim of the
Claimant is admissible.
17.
Furthermore, and hereby referring to the rules applicable to training
compensation, the Chamber stated that, as established in art. 1 par. 1 of Annex 4
in combination with art. 2 of Annex 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.
18.
Moreover, the Chamber took into account that the Football Association of C had
confirmed that the player was registered as a professional with the Respondent on
1 July 2007. Equally, the Chamber stressed that, taking into account the player’s
career history provided by the Football Federation B as well as the Respondent’s
confirmation that the player had signed his first professional contract with it, the
player had at all times been registered as an amateur prior to his registration as a
professional with the Respondent.
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19.
On account of the above considerations, the Chamber decided that the
Respondent is liable to pay training compensation to the Claimant in accordance
with art. 20 and Annex 4 of the Regulations.
20.
Turning its attention to the calculation of the training compensation payable by
the Respondent to the Claimant, the Chamber noted that the Claimant was
claiming the amount of EUR 120,000 from the Respondent. Equally, the Chamber
took into account that the Respondent argued that the amount claimed by the
Claimant was not calculated in accordance with art. 5 par. 3 of Annex 4 of the
Regulations.
21.
In this context, the Chamber referred to the FIFA circular no. 1085 dated 11 April
2007, which provides details for the calculation of training compensation, as well
as to art. 5 par. 1 and par. 2 of Annex 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 Chamber referred to art. 5
par. 3 of Annex 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, i.e. on the basis
of EUR 10,000 per year in the case at hand.
22.
In continuation, the Chamber took into account that according to the
documentation on file, the Respondent belonged to the category III (indicative
amount of EUR 30,000 per year) and that the player, born on 1 March 1990, was
registered with the Claimant as from 28 May 2002 until 25 July 2006.
23.
Consequently, taking into account the above-mentioned considerations, the
Chamber concluded that the Claimant is entitled to receive training compensation
for the training and education of the player for the period of time between 28
May 2002 and 25 July 2006 corresponding to the seasons of the player’s 12th, 13th,
14th, 15th and 16th birthday.
24.
As a result and taking into account art. 5 par. 3 of Annex 4 of the Regulations, the
Chamber decided to partially accept the Claimant’s claim and determined that the
Claimant is entitled to receive the amount of EUR 61,666 from the Respondent for
the training and education of the player.
25.
Therefore, the Chamber decided that the Respondent must pay the amount of
EUR 61,666 as training compensation to the Claimant.
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26.
In continuation, the Chamber referred to art. 18 par. 1 of the Procedural Rules,
according to which in the proceedings before the Dispute Resolution Chamber
relating to disputes regarding training compensation and the solidarity
mechanism costs in the maximum amount of CHF 25,000 are levied. The costs are
to be borne in consideration of the parties’ degree of success in the proceedings.
27.
In this respect, the Chamber reiterated that the claim of the Claimant is partially
accepted. Therefore, both the Claimant and the Respondent have to bear a part of
the costs of the current proceedings in front of FIFA.
28.
According to Annexe A of the Procedural Rules, the costs of the proceedings are
to be levied on the basis of the amount in dispute.
29.
The amount in dispute to be taken into consideration in the present proceedings
amounts to EUR 120,000 related to the claim of the Claimant. Therefore, the
Chamber concluded that the maximum amount of costs of the proceedings
corresponds to CHF 20,000 (cf. table in Annexe A).
30.
Considering that the present case did show some factual difficulty as well as that it
involved a certain specific legal complexity, the Chamber determined the final
amount of costs of the current proceedings to the amount of CHF 10,000.
31.
In this respect, the Chamber took into account that the Claimant had paid the
advance of costs in the amount of CHF 3,000 in accordance with art. 17 of the
Procedural Rules.
32.
In view of all of the above, the Chamber concluded that the amount of CHF 3,000
is to be borne by the Claimant and the amount of CHF 7,000 has to be paid by the
Respondent to cover the costs of the present proceedings.
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, FC S, is partially accepted.
2.
The Respondent, FC B, has to pay to the Claimant the amount of EUR 61,666
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. 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 amount of costs of the proceedings in the amount of CHF 10,000 is to be
paid as follows:
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CHF 7,000 by the Respondent within 30 days of notification of the present
decision 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
IBAN: CH27 0023 0230 3666 7701U
SWIFT: UBSWCHZH80A
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6.
CHF 3,000 by the Claimant, which have already been paid by the Claimant
to FIFA as advance of costs.
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.
*****
Note relating to the motivated decision (legal remedy):
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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 Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Enclosed: CAS directives
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