Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 26 November 2004,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Mario Gallavotti (Italy), member
Philippe Piat (France), member
Theo van Seggelen (Netherlands), member
on the claim presented by
the club, X, Germany,
as Claimant
against
the club Y, Turkey,
as Respondent
regarding training compensation in connection with the player Z,
Facts of the case
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The player was born on 21 November 1983.
Z was registered as a non-amateur player with X from 1 July 2002 until 28 August 2003.
X is category 4 club.
On 29 August 2003, the DFB issued an international registration transfer certificate on behalf
of the Turkish Football Association for the player in question.
The player was registered with Y as a non-amateur.
Y is a category 3 club.
X claims the amount of EUR 10,000 as compensation for the player’s training.
The Turkish club has not presented any response to the claim lodged by the German club.
Considerations of the Dispute Resolution Chamber
As established in art. 42 §1 (b) (iv) of the FIFA Regulations for the Status and Transfer of Players,
it falls within the purview of the Dispute Resolution Chamber to decide on disputes concerning
the compensation for the training and education of young players and to adjust training
compensation fees.
In the light of the above-mentioned facts, it is undisputed that the German club is entitled to
receive training compensation in accordance with Chapter VII of the FIFA Regulations for the
Status and Transfer of Players and Chapter III of the Regulations governing the Application of the
Regulations for the Status and Transfer of Players as well as FIFA circular letter no. 826 dated 31
October 2002.
Training compensation is payable by the new club with which a player has signed a contract for
training and education that he received from the age of 12 up to 21, payable until he reaches the
age of 23.
It can be established that the player, Z, has been trained and developed by the German club X
during one sportive season, during the 2002-2003 season, from the age of 18 up to 19.
Furthermore, the amount due by the Turkish club Y has to be calculated in accordance with the
parameters provided by circular letter 826 dated 31 October 2002, i.e. with an amount
corresponding to EUR 10,000 per year of training (corresponding to the club category 4 of X).
Therefore, X being a 4th category club, the amount of training compensation is obtained by
multiplying the amount corresponding to the category of the training club for which the player
was registered by the number of years of training from 12 to 21 (cf. art. 7.1 of the Application
Regulations) based on the costs of 4th category clubs in Turkey.
Consequently, X is entitled to receive training compensation to the total amount of EUR 10,000 (1
year x EUR 10,000).
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Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is accepted.
2.
The Respondent, Y, has to pay the amount of EUR 10,000 to the Claimant.
3.
The amount due to the Claimant has to be paid by the Respondent within 30 days as from
the date of notification of this decision.
4.
If the sum of EUR 10,000 is not paid within the aforementioned deadline, the present
matter shall be submitted to the FIFA Disciplinary Committee, so that the necessary
disciplinary sanctions may be imposed.
5.
According to art. 60 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 10 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 l’Elysée 28
1006 Lausanne
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
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