Training Compensation
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 9 November 2004,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Philippe Diallo (France), member
on the claim presented by
the club, X, Sweden,
as Claimant
against
the club, Y, Norway,
as Respondent
regarding training compensation in connection with the player, Z,
Facts of the case
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The player, Z, born on 2 November 1981, was registered with X, Sweden, as a nonamateur player from 25 January 2002 until 31 October 2002.
In November or December 2002, the player transferred to Y in Norway as a non-amateur
player after the expiry of his employment contract.
The player having transferred to Y under the age of 23, the Swedish club claims training
compensation to the amount of EUR 20,000 maintaining that the amount has to be
established taking into consideration the training costs of the new club’s category
(according to the claimant: Y was category 3 club – EUR 30,000) and of the training club’s
category (according to the claimant: category 4 – EUR 10,000), which costs allegedly
have to be divided. Consequently, the Swedish club maintains being entitled to the
amount of EUR 20,000.
The Swedish club asks that it be awarded compensation to the amount of EUR 20,000
and it asks the Chamber to impose disciplinary measures on the Norwegian club for not
having respected the relevant FIFA Regulations.
The Norwegian club, Y, maintains that it does not owe any training compensation to the
Swedish club as the player was allegedly not offered any new contract by the Swedish
club, either verbal or in writing, before the expiry of his employment contract.
To this end, Y has submitted written statements from both the player and his agent
confirming that the player and his agent, respectively, were not offered any new contract,
either verbal or in writing, before or after the expiry of the player’s contract with X.
In spite of FIFA’s invitation to do so, no further comments have been received from the
Swedish club.
Considerations of the Dispute Resolution Chamber
The members of the Dispute Resolution Chamber were summoned to pass a decision on this
matter by the Chairman pursuant to Art. 1 point 6) of the Rules Governing the Practice and
Procedures 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.
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.
The present matter involves parties that are established in member states of the European
Economic Area (EEA).
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With respect to the claim of the club X, the Chamber turned to article 5.5 of the Regulations
governing the Application of the Regulations for the Status and Transfer of Players
(hereinafter “Application Regulations”), which specifies that for transfers which take place
within the EU/EEA, the fact that the training club does not offer a player a contract, will be
taken into account when determining the training compensation payable by the new club.
In continuation, the Chamber took in consideration the contents of the FIFA circular letter no.
769 dated 24 August 2001, which under point 2a. specified that the former club of a player
younger than 23, whose contract has come to an end and who has not received a new
contract from his club, which is equivalent in remuneration to his previous contract, will be
deemed not to have offered a contract to the latter for purposes of calculating training
compensation. Furthermore, the circular letter no. 769 maintains that, as a matter of
principle, the player’s training club will not be entitled to receive training compensation
unless the training club can demonstrate to the Dispute Resolution Chamber that it is
entitled to compensation in derogation of this principle. Moreover, the possibility to
derogate is not applicable where national collective bargaining agreements do not envisage
it.
The Chamber established in the case regarding the transfer of the player Z that, following the
provision contained in art. 5.5 of the Application Regulations and its interpretation
contained in the circular letter no. 769, it is the obligation of the Swedish club to
demonstrate to the Dispute Resolution Chamber that it offered the player Z an extension to
his employment.
Despite its claim for training compensation, X has not offered any documentary evidence
that would demonstrate an offer to the player Z, which needed to correspond to the
remuneration of his previous contract with the club. On the contrary, the respondent, Y, has
provided documentation which demonstrates that the player has not been offered a new
contract.
In the light of all of the above, the Dispute Resolution Chamber established that it could not
admit the claim of the Swedish club for training compensation in the transfer of the player Z.
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Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, X, is rejected.
2.
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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